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…
During the 12 months since the UPC first opened its doors for business, court users across Europe have been studying the decisions that have been emerging from the various divisions in order to understand the practical application of the Rules of Procedure and the approach of the various judges of the courts. This in turn…
Advanced Cell Diagnostics v Molecular Instruments [2024] EWHC 898 (Pat) On 23 April 2024, Mr Justice Meade handed down his judgment in the dispute between Advanced Cell Diagnostics (ACD) and Molecular Instruments (MI). ACD is the proprietor of two European patents which relate to in situ detection of nucleic acids in single cells. EP (UK)…
Opt-outs are dealt with in Part IV of the UPC Agreement entitled “Transitional Provisions”. The prevailing view is that these provisions should be interpreted to mean that an opted-out patent is no longer subject to the jurisdiction of the UPC and the opt out shall remain in place for the lifetime of the patent. Furthermore,…
Question: I applied for my SPC in reliance on the law as set out in Neurim[1], following Santen[2] can I still obtain my SPC? Answer: No, according to the English High Court[3]. In 2018, i.e. before the Santen decision from the CJEU, Merck applied to the UK IPO for an SPC for its medicinal product…
Access to documents: How far should we be able to peek behind the curtain? As we move past the first six months of operation of the UPC, those trying to keep track of its jurisprudence – and the judges themselves – are starting to have a busier time of things. We wrote last month as…
This is the first of a new series of monthly posts on the UPC from Bristows, in which our UPC experts will be providing their commentary and insights on the development and themes arising from the cases being brought in the UPC. In our first post, we reflect on what has been one of the…
Judges deciding patent matters in Brazil usually have none to limited technical background. In view of the complexity of patent cases, it is often that we see judges appointing a court examiner, as defined by law: “the judge will be assisted by a court expert whenever the proof of the fact depends on technical or…
Introduction On 17 July 2023, the English Court of Appeal handed down its decision in a dispute between J.C. Bamford (JCB) and Manitou about the confidentiality of information disclosed in the course of litigation between JCB and Manitou relating to the validity and infringement of certain of JCB’s patents. At the heart of the confidentiality…
On 18 July 2023, the Court of Appeal handed down its judgment in Vernacare Limited v Moulded Fibre Products Limited [2023] EWCA Civ 841, an appeal from the decision of Nicholas Caddick QC (sitting as a Deputy High Court Judge in the Intellectual Property Enterprise Court). The Court of Appeal, with Sir Christopher Floyd giving…
