Context: Recently, one recurring theme in Unified Patent Court (UPC) litigation has been the admissibility of arguments raised for the first time at a late stage of proceeding. The Court of Appeal (CoA) allowed Meril to invoke a different statute on appeal when seeking a stay (November 24, 2024 ip fray article) and left it…

Please share this with your firm’s marketing director. Last week, ip fray became aware of an interesting fact: one firm (and not necessarily one of the first ones that would come to mind) has already appeared — physically — in almost every Unified Patent Court (UPC) venue. That is interesting, and ip fray loves venue…

A single decision by the UPC’s Court of Appeal provides guidance on two questions: new legal arguments are admissible on appeal, and the appeability of an EPO opposition decision does not preclude a stay.

A fundamental and consequential question of law on which there is still uncertainty at the UPC has come up several times: can patent claims be amended in a PI proceeding?