UPC Mini-Roundup (1 decision): CoA draws line between invalidity contentions against granted patent vs. amendments; double jeopardy did it again

The Unified Patent Court (UPC) has issued only one publicly accessible decision since our December 29, 2025 Roundup, other than a non-newsworthy withdrawal (yet another case in the Access Advance-Transsion context).

This roundup is listed among the 2025 as well as 2026 roundups because New Year’s Day fell mid-week. For hearing lists etc., please check out the previous roundup.

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Court and counsel

Panel: Presiding Judge Rian Kalden, Judge-rapporteur Ingeborg Simonsson, Judge Dr. Patricia Rombach, Technically Qualified Judge Wiem Samoud, and Technically Qualified Judge Andrea Scilletta.

Counsel for appellant and patentee VMR: Thum & Partner (lead: Bernhard Thum) and Bardehle Pagenberg (lead: Dr. Tobias Wuttke). Bardehle Pagenberg’s ip fray profile lists numerous UPC and SEP achievements.

Counsel for appellee and revocation claimant NJOY: McDermott Will & Emery’s (now: McDermott Will & Schulte) Prof. Henrik Holzapfel.