On 13 May 2024, the UPC Court of Appeal (CoA) upheld the Munich Local Division’s decision in SES v Hanshow (UPC_CoA_1/2024) that a preliminary injunction should be refused on the basis that there was not sufficient certainty that certain models of Hanshow’s electronic label products infringe SES’ patent. SES is the registered proprietor of the…
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…
On 23 April 2024, the Court of Appeal handed down its judgment in the appeal arising from the January 2023 decision of Meade J in AIM v Supponor [2023] EWHC 164 (Pat). AIM is the proprietor of EP (UK) 3 295 663, which relates to technology that allows TV broadcasters of live events to superimpose…
In Belgium, descriptive seizures (called “saisie-description” in Belgium) are long-standing ex parte procedures to collect evidence of infringement. When a Court grants a saisie request, the said authorisation can later be opposed by the seized party. The seized party can in particular argue that IP right invoked was not prima facie valid. By the time…
It is well known that the EPO Boards of Appeal take a strict line on admissibility of new elements of the appeal case under Articles 12 and 13 RPBA. But if the request to hold new elements inadmissible is itself filed late, the admissibility of the inadmissibility request may be questioned, see e.g. T 500/16…
As of December 1st, 2023, Brazil is leading G20, wherein one of the three priorities to be addressed is tackling climate change, with a focus on energy transition, in addition to promoting sustainable development in its economic, social and environmental dimensions[1]. At this same date, the BRPTO launched a new commission, namely: sustainability and biotechnology…
Introduction It is common for parties to English patent litigation to settle their differences after the first instance judgment on the merits from the Court. This is for several reasons including the thoroughness of the Patents Court Judges, the Court of Appeal’s approach to issues such as obviousness (where only an error of principle will…
The Unified Patent Court has announced that a new functionality is available on the CMS to download multiple documents at once from a given case. ‘Provided the need to access multiple documents from a case at once, the CMS now allows via a “Document Download” function, to download a bundle of documents. In order to…
The Unified Patent Court has introduced a ‘My Legal Team’ functionality in the case management system. The functionality ‘allows for representatives and other users such as legal assistants, to gain access and work on cases before the Court.’ According to an announcement, the functionality ‘will be available for ongoing cases, for which the representatives already working…
The Status Quo injunction is not a variation on Wayne’s World classic “No Stairway, Denied” joke. While some may yearn for a ban on their generic tunes, Status Quo is still not denied. That is not the faith of all generics, as Teva found out in Dutch litigation over its generic version of Grünenthal’s Nebido:…
