The Unified Patent Court (UPC) is a planned future court common to EU Member States which participate in the Unitary Patent system, and it will be part of their judicial system. After a transitional period of 7 years or 14 years at most, it will have exclusive competence in respect of traditional European patents and European patents with unitary effect (Unitary Patents). The UPC is based on the Unified Patent Court Agreement. The Unitary Patent system and the UPC are planned to start functioning once certain ratification conditions have been fulfilled.
In July 2023, the Japanese electronics company Panasonic initiated a series of patent infringement and FRAND-related proceedings against several subsidiaries of the Chinese consumer electronics maker Oppo (and in parallel against another Chinese company, i.e. Xiaomi), at the local divisions of the Unified Patent Court (UPC) in Mannheim and Munich (*). Panasonic’s suit targeted Oppo…
Like Prudence the heroine of Amours à l’Italienne (Rome Adventure in English), UPC local division of Mannheim gives us a lesson of polyamory with the first UPC FRAND decision (November, 22, 2024, Panasonic v. Oppo), in which the Court reminds us of its Love for EU Law (and CJEU case law), but also, and above…
Many thanks to all of the entrants to the UPC Christmas quiz – a number of the entries scored 100%. Of all of these top scoring entries, we have selected one winner at random….. Alexander Jamnišek. Many congratulations! We will be in touch shortly to arrange delivery of your copy of The Unitary Patent and…
It has been 1,5 years since the UPC opened its door. The novelty is wearing off as the UPC’s case law takes shape. This is a good moment to reflect a little more on another aspect of the UPC’s operation: the rules of conduct that UPC representatives have to follow. In general, the rules of…
Forget about Gangnam Style, it is overrated. Aya Nakamura Djadja is more than ever the dance-floor song of the moment (especially since her performance at the 2024 Olympics Game opening ceremony). Is Joost Luchtballon able to dethrone the French Queen? Same question for UPC: after the French and the Italian Styles, now we also have…
As we approach 18 months since the UPC opened its doors and the festive season, we thought this would be a good time to offer our readers the chance to showcase their UPC knowledge by participating in the Kluwer UPC Christmas Quiz. We have set 20 questions with multiple choice answers. Please submit your answers…
A case concerning an automated vinification system offers us a glimpse of that rare species of patent litigation: the declaratory non-infringement action. The case demonstrates the need to carefully draft this type of action, as well as the need to choose the right evidence to support declarations that go beyond specific models. This is key…
UPC 252/2023 NanoString v Harvard ACT_551180/2023 (UPC_CFI_252/2023) The UPC’s Munich Central Division has recently issued its decision revoking Harvard’s EP 2794928 B1 (“the Patent”) in DE, NL, and FR, with other EPO member states likely excluded from the decision on commercial grounds having lapsed during opposition proceedings in 2019. The decision is appealable. The NanoString decision…
The king is dead! Long live the king! An expression traditionally uttered at the death of a monarch to acclaim a new king on the death of his predecessor. Could it be applied to our traditional French saisie-contrefaçon at the advent of saisie-contrefaçon before the UPC? This question came to mind last week during a…
Is Germany no longer the Eldorado for preliminary injunctions (“PI”) applicants? Whatever the answer to this question, the UPC local division of the most famous German patent forum (i.e., Düsseldorf) has rejected Novartis and Genentech’s application for a PI against Celltrion relating to the anti-IgE antibody marketed under the name Xolair® (omalizumab), ruling that there…
