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UPC Blog

The UPC Blog: Stay up to date with the latest developments in the field of patents and the Unified Patent Court (UPC). 

Every Tuesday, we present insights, analyses and our conclusions around recent case law and other developments of the UPC.

Timan Pfrang
Tilman Pfrang, LL.M.
Patent Attorney, Dipl.-Phys.

20th of February

Local Division Düsseldorf on Extension of Deadlines (I)

– a reasonable approach for a case with a high number of international defendants

The Local Division in Düsseldorf issued a procedural order, regarding a patent infringement case involving European Patent EP 3 490 258 B1. The plaintiff is Dolby International AB, and the defendants include various subsidiaries of HP.

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13th of February

The President of the Court of First Instance on Language of Proceedings -

Considering the challenges faced by small and medium-sized enterprises (SMEs)

Case Context
In an order dated January 16, 2024, the President of the Court of First Instance addressed an application for a change in the language of proceedings in a patent infringement case between Aarke AB and SodaStream Industries Ltd. 

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6th of February

The Standing Judge of the Court of Appeal on a Discretionary Review Request

– limits of the power of the Judge Rapporteur 

In a recent case, the Unified Patent Court of Appeal addressed the admissibility of a request for discretionary review. The request was made by Netgear Inc. and its subsidiaries against Huawei Technologies Co. Ltd., challenging a procedural decision in their ongoing patent dispute concerning EP 3 611 989.

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30th of January 2024

The Court of Appeal on Applications to Intervene

- does a “legal interest” provide a legal interest? 

In this case, the Court of Appeal had to deal with the admissibility of applications to intervene in an appeal. The appeal, initiated by Ocado Innovation Limited, challenges an order related to public access to the court register.

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23rd of January 2024

UPC Munich Local Division:

A flexible and practical way of dealing with an expansion of an infringement action to a second patent in case of a limitation proceedings at the EPO 

In a recent ruling by the Unified Patent Court's Local Division in Munich, the court addressed the admissibility of “changing” (actually: expanding) the claim of a UPC infringement action to include an additional patent after the conclusion of a limitation procedure at the EPO. 

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16th of January 2024

About costs in Preliminary injunction proceedings – the UPC’s Local Division in Munich provides clarity

Good behavior shall pay off!

A recent case before the Unified Patent Court's Local Division in Munich has unfolded, casting a spotlight on critical cost considerations in preliminary injunction proceedings. This case serves as a notable illustration of how the Rules governing cost allocation are to be applied in preliminary injunction proceedings, with a particular emphasis on evaluating the behavior of the involved parties in determining cost distribution

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9th of January 2024

Decoding a preliminary injunction order of the UPC’s Local Division in Munich: Jurisdiction, Claim Interpretation, and Implications

Is there a file wrapper estoppel at the UPC?

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2nd of January 2024

The UPC Local Division in Munich finds:

Ignoring a court order must hurt!

A recent order of the Local Division in Munich concerns the imposition of fines under Article 82.4 UPCA. The Munich Division finds the fine request to be mostly successful, stating that the respondents violated the preliminary injunction orders of the local chamber issued on September 19, 2023. 

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19th of December 2023

Stay of proceedings at the UPC

 …. Should we wait for the EPO or not?

In a revocation case between ASTELLAS INSTITUTE FOR REGENERATIVE MEDICINE (revocation claimant) and the patent proprietors Healios K.K and Osaka University, the (revocation) defendants request a stay of proceedings until the conclusion of corresponding opposition proceedings at the European Patent Office (EPO). The Central Division in Munich rejects the request for stay of the proceedings.

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12th of December 2023

Paris Central Division

-    What is a party and when are two parties identical?

In a recent decision, the Paris Central Division addressed a preliminary objection related to the admissibility of an action for revocation. The involved parties in the revocation case (in relation to for EP 3 646 825) are Edwards Lifesciences Corporation from California, USA, as the Patent Owner, and Meril Italy srl from Milan, Italy, as the Claimant. 

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5th of December 2023

The Court of Appeal of the Unified Patent Court

… first decision, first conclusions!

The Court of Appeal of the Unified Patent Court (UPC) has recently issued its “inaugural” order, marking a significant milestone since the commencement of the UPC system on June 1, 2023. As anticipated for a newly established court, this initial appellate order addresses a procedural matter rather than the substantive merits of the case.

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28th of November 2023

The opt-out from the competence of the UPC (II)

… what is an action? 

Concerning the opt-out from the jurisdiction of the Unified Patent Court (UPC), it is clear that this choice becomes unavailable once an action has been brought before the UPC.

Article 83(3) UPCA reads:

"Unless an action has already been brought before the Court [i.e. the UPC], a proprietor of or an applicant for a European patent granted or applied for prior to the end of the transitional period [of seven years plus a potential maximum of further seven years] ... shall have the possibility to opt out from the exclusive competence[read competence without the misleading term "exclusive”] of the Court.” But, what is an "action"?

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24th of November 2023

Let us opt-out because an opt-in is always possible!

…is it that convenient…?

Numerous European patent owners adopted a strategy of opting out their entire portfolios from the jurisdiction of the Unified Patent Court (UPC), referring to the flexibility of a subsequent "opt-in" at any time. Despite acknowledging theoretical pitfalls in this approach, some believed these concerns would be practically negligible. However, the recent development in the UPC's local division in Helsinki has challenged these assumptions. So what happened?

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