23 Dec, 2024 UPC revokes Juul Labs’ patent over added matter while addressing auxiliary requests By Thomas Prock Mike Gilbert In a recent decision concerning the revocation of a European patent owned by Juul Labs International, Inc., the Paris Central Division of...
19 Dec, 2024 UPC: No requirement to disclose commercial information in request to amend claim By Thomas Prock Mike Gilbert Abigail Spreadbury In accordance with front-loaded UPC procedure, any request to amend a party’s case must be made as soon as it is reasonably possible to...
18 Dec, 2024 Procedural efficiency at the UPC: Request for Order to produce evidence denied By Thomas Prock Mike Gilbert Karan Lalwani In a decision issued on 20 October 2024 by the Mannheim Local Division of the UPC (UPC_CFI_471/2023), judge-rapporteur Böttcher rejected...
17 Dec, 2024 UPC Inventive Step Assessment Begins to Crystallise with Beginning of Issuance of Decisions By Thomas Prock Mike Gilbert With the frequency of issuance of UPC decisions on the merits beginning to increase, the long-sought answer to the question of how the...
16 Dec, 2024 UPC sets out burden of proof requirements for Permanent Injunctions By Thomas Prock Mike Gilbert Jen Cardwell On 4 November, the Milan Local Division of the UPC handed down their final decision in the Oerlikon v Bhagat infringement action. This...
10 Dec, 2024 Flexibility at the UPC enables hard copy intervention filing By Thomas Prock Mike Gilbert The UPC has continued to show flexibility with its approach to the CMS, with a Panel exercising its discretion to allow the filing of a...
09 Dec, 2024 UPC: EPO decision not to delay registration of Unitary Effect reversed - but refund of Court fees denied By Thomas Prock Mike Gilbert In June 2024, the EPO notified patent applicants that, in light of Romania’s ratification of the UPCA, it will, upon request, allow...
15 Nov, 2024 Mike Williams: Author highlights and key takeaways from this year's AI report By M&C Newsroom Earlier this month, Marks & Clerk launched it's fourth AI Report. As ever, the report uses EPO data to identify global trends in AI...
04 Oct, 2024 Gene Editing and EU Regulations – a patent attorney’s perspective By M&C Newsroom Gene editing in agriculture has made leaps over the past decade, from CRISPR breakthroughs to trials with GABA-enriched tomatoes and...
30 Sep, 2024 First instance of a witness being invited to testify in UPC oral proceedings By Thomas Prock Mike Gilbert In an order dated 27 August 2024 (UPC_CFI_358/2023), the Paris (FR) Local Division of the UPC allowed a request by the claimant for a...
27 Sep, 2024 UPC rejects challenge on jurisdiction over internet related infringement By Thomas Prock Mike Gilbert In an order dated 3 September 2024 (UPC_CoA_188/2024) the UPC Court of Appeal held that the UPC has international jurisdiction in respect...
30 Aug, 2024 Romania joins the UPC on 1 September 2024 By Thomas Prock As previously reported, Romania will join the Unified Patent Court (UPC) on 1 September 2024. As a consequence, the jurisdiction of the...