Procedure, UPC

(Bristows)/

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…

(Indirect) infringement, Equivalents, Patents, Procedure, Scope of protection, UPC

(Bristows)/ /3 Comments

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…

AI, Inventive step, Novelty, Patents, Technology

(City, University of London) and (University School of Law and Legal Studies, New Delhi)/ /3 Comments

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),…

FRAND, SEP, WIPO

(City, University of London) and (University School of Law and Legal Studies, New Delhi)/

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…

Equivalents, Infringement, Inventive step, Litigation, Novelty, Patents, Pharma, United Kingdom, Validity

(Bristows)/ /2 Comments

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)…

CJEU, France, UPC

(Dhenne Avocats)/ /1 Comment

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…

Unitary Patent, UPC

, (Bristows)/ /5 Comments

On 17 April 2024, the Court of Appeal of the UPC handed down its decision concerning the language of proceedings in the (undoubtedly ground-breaking) case of Curio Bioscience v 10x Genomics. Curio had applied in January to have the language of proceedings changed from German to English, but their application was rejected in February at…