Category: Unified Patent Court
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Urgency analysis of UPC PI motions can involve foreign product presentations, conversations with rivals at trade shows: two new rulings
The UPC’s holistic approach to the urgency requirement for preliminary injunction requests cuts both ways. Patent holders seeking to enforce their right must be prepared to satisfactorily answer certain questions related to urgency.
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UPC Lisbon LD: ASUS owes Ericsson damages for six years of infringing semiconductor patent in eight countries; PI was denied in 2024
Ericsson and ASUS are embroiled in multijurisdictional litigation. The most important showdown so far will be a preliminary injunction hearing to be held by the UPC’s Milan LD on Friday.
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UPC Mannheim hearing went very well for InterDigital — Disney highly likely to be enjoined (as predicted by ip fray) on June 16
Based on an agenda-setting order ahead of the hearing and an analysis of patent claim terms, ip fray had already deduced that today’s hearing was going to be an uphill battle for Disney. And that’s what it was.
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UPC Roundup (1 week): CoA overturns Paris LD on urgency; res judicata clarified across rulings; FRAND counterclaim dismissed; more
This is a summary of developments in and around the Unified Patent Court (UPC) in the calendar week of April 27, 2026.
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UPC infringement actions average 13 months, 2025 annual report reveals
The UPC has published its 2025 annual report, which contains statistics on the average times of its cases per case type, highlights the landmark decisions that have shaped its case law so far, and reveals that of the actions pending on December 31, 2025, over 60 involve one or more standard-essential patents.
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Helsinki LD solves part of less-frequented UPC venues’ chicken-and-egg problem
The Helsinki LD adopts the Hague LD’s equivalence standard based on an approach that offers greater predictability for litigants considering smaller UPC venues. AIM lost again.
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Belgian SME keeps Dutch at UPC Brussels LD as CFI president rejects Esko’s bid to switch case to English
The President of the UPC Court of First Instance has refused Esko Software’s push for English, keeping a Brussels patent fight in Dutch.
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Merz wins UPC appeal as CoA overturns Paris LD denial and grants PI against Viatris generic in France
The UPC CoA has reversed the Paris LD’s refusal of interim relief and granted Merz a preliminary injunction against Viatris Santé’s fampridine generic in France.
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UPC Munich LD clarifies res judicata in infringement context and says those negotiating with pool can’t rely on missing infringement notice
The Munich LD clarified that prior judgments do not bar new infringement actions where later-generation products introduce new features, confirmed accessory liability for entities enabling EU market access, and held that prior patent pool negotiations can substitute for a formal infringement notice.