Proceedings on the merits and proceedings on provisional measures may be lodged separately before the UPC, but it may also be the case that as part of the infringement case provisional measures are requested. In such a case before the Helsinki local division the first instance court held that the UPC was not competent (see…
On the 23 May 2024, the English Patents Court dismissed an application by Lenovo for an interim injunction to prevent Ericsson infringing one of Lenovo’s patents pending the outcome of the UK proceedings ([2024] EWHC 1267 (Ch)). In particular, the Court found that the application failed on the basis that damages are an adequate remedy…
On 24 April 2024, the UPC’s Central Division in Paris granted Nicoventures Trading Limited access to written pleadings and evidence under RoP 262.1(b) in a patent revocation case brought by NJOY Netherlands B.V. against Juul Labs International, Inc (ORD_587436/2023 in UPC_CFI_316/2023). Nicoventures had made the document access request on 15 November 2023, however the Paris…
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…
Blurring the edges between reality and make-believe, the Metaverse is part of an aspirational Web 3.0, characterised by certain features including an immersive 3D virtual space, interoperability, and real-time operation. While there is no consensus on its definition, certain foundational technologies such as AI (artificial intelligence) and XR (extended reality), which includes VR (virtual reality),…
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…
In 2021 WIPO developed the Medium Term Strategic Plan (MTSP) (2022-2026) to support global innovation and creativity – and last month, two years into the plan’s implementation, it released its Strategy on Standard Essential Patents (SEPs) (2024-2026) to supplement the MTSP in achieving its goals under the SEP framework. The WIPO’s SEP strategy is based…
All in all, the EPO can rightly be proud of the high quality of the translations it currently offers to its users. Many of my clients have been using the EPO’s translation services when (part of) a hearing was in German or French, and I was constantly advised that they considered the translations excellent and…
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)…
Readers are familiar with the story of the founding of the UPC, which “obliged” its founders to make it an ad hoc Court, not integrated into the European judicial system (with a reinforced cooperation agreement between the members of the UPC). The fragility of this system has provoked much criticism (e.g., our comments here). The…
