In June 2023, the UPC – at the Düsseldorf Local Division – granted its first ex parte provisional injunction (“PI”) in myStromer AG v Revolt Zycling AG (“myStromer v Revolt”), despite the defendant having previously filed a protective letter. A year on from that decision, and with only one other ex parte PI decision having…
This post is continuation to the previous one published on October 27, 2023 and available here. Although the approach may still be reconsidered by the Presidium of the Russian Supreme Court, the current update should already be taken into account while developing the patenting strategy in the jurisdiction. Background There are two pending court cases…
Moderna secured a double victory in the Patents Court last week (2 July 2024) in proceedings against Pfizer and BioNTech. In the first decision, Meade J found its modified mRNA patent to be valid and infringed by Pfizer and BioNTech’s “Comirnaty” vaccine. In the second decision, Richards J rejected Pfizer and BioNTech’s defence based on…
In his Abbott v Dexcom ([2024] EWHC 1664 (Pat)) judgment, published on 28 June 2024, Mr Justice Mellor was faced with the rather unenviable task of determining the approach of the Skilled Team when “due to their differing experiences and expertise” it was unclear if any of the experts were in a position to comment…
In a decision issued today, the Düsseldorf Local Division has ordered the first ever permanent injunction at the UPC following a hearing on 16 May 2024. The injunction covers seven UPC member states: Austria, Belgium, Denmark, France, Italy, Luxemburg and the Netherlands. Notably, Germany was not included in the claim. The patent in question in…
The recent rivaroxaban PI cases may have caused you to ask yourself whether the American Cynamid principles for determining whether or not to grant preliminary injunctive relief in the UK are dead or at least dying. In this article we consider the facts of the rivaroxaban PI applications and aim to tease out some principles…
Following months of speculation, EPO Board of Appeal 3.2.01 yesterday issued decision T 439/22 referring questions to the Enlarged Board of Appeal on the extent to which the description and drawings should be used in claim interpretation. The claim feature at issue was: “in which the aerosol-forming substrate comprises a gathered sheet”. The key…
On 30 April 2024, the UPC’s Local Division Düsseldorf handed down a new chapter in the 10x Genomics saga. This time the case is not against NanoString (see this post on the lost appeal) but against the US-based company Curio (see this post on the earlier language appeal in this case). The central issue before…
On 3 June 2024, the UPC’s Hamburg Local Division rejected a PI application against UEFA (Union des Associations Européennes de Football) and Kinexon GmBH (a technology partner) in regard to the use of video-assistance referee (VAR) technology at the upcoming European Championship in Germany. The application for preliminary relief concerned EP 1 944 067 (EP…
On 28 May 2024, the UPC Court of Appeal (in decision UPC_CoA_22/2024) upheld a decision of the Court of First Instance, Central Division (Paris Seat) not to stay revocation proceedings before the UPC pending parallel opposition proceedings before the EPO concerning the same patent. Following previous Court of Appeal decisions, this non-technical appeal was adjudicated…
