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...
12 Dec, 2024 UPC Court of Appeal confirms that extensions are at the discretion of the Court of First Instance By Thomas Prock Mike Gilbert In a decision handed down on 30 September 2024, the Court of Appeal upheld the decision of the Mannheim Local Division to limit...
11 Dec, 2024 UPC issues judgement in default against Defendant not engaging with litigation By Thomas Prock Mike Gilbert When defendants fail to engage with UPC proceedings, the Court has shown its readiness to deliver swift default judgments, as...
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...
18 Oct, 2024 UPC Court of Appeal limits disclosure and leaves door open for future expert testimony By Thomas Prock Mike Gilbert Krishna Darshan Raghavan In a decision issued on 24 September 2024 by the Court of Appeal of the Unified Patent Court (UPC), the court upheld a decision that...
17 Oct, 2024 Claimant’s patent portfolio not sufficient to provide security of costs By Thomas Prock Mike Gilbert In a series of Orders dated 17 September 2024 issued by the Court of Appeal (UPC_CoA_217/2024, UPC_CoA_218/2024), the panel of judges...
16 Oct, 2024 Summary of Confidentiality Orders granted by the UPC By Thomas Prock Mike Gilbert One of the objectives of the Unified Patent Court (UPC) is to ensure that proceedings are dealt with in a fair and equitable manner and...