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UPC sets aside provisional injunction on hand-held vacuum cleaners
SharkNinja Germany GmbH, SharkNinja Europe Limited v. Dyson Technology Limited (UPC_CFI_443/2023 and UPC_CoA_297/2024) Decisions of 5 May 2024 (Order no. ORD_598328/2023) and 3 December 2024 (Order no. ORD_62483/2024). Introduction On 21 May 2024...
Breach of a standstill agreement does not affect jurisdiction or admissibility
Tandem Diabetes Care, Inc., Tandem Diabetes Care Europe B.V. v Roche Diabetes Care GmbH UPC_CFI_454/2023 Decision of 18 December 2024 (ORD_598508/2023[1]) The claimants sought revocation of EP 2196231, belonging to the defendant, before the UPC Cen...
Paris Local Division Revokes another DexCom Patent
DexCom, Inc. v Abbott Laboratories and 13 other Abbott entities UPC_CFI_395/2023 Decision of 11 December (ORD_63909/2024[1]) The second decision on the merits from the UPC came from the Paris Local Division and revoked DexCom’s patent EP34358...
Edwards Lifesciences Corporation v. Meril Gmbh & Meril Life Sciences Pvt Ltd.
(Infringement action UPC_CFI_15/2023) Decision of 15 November 2024 (ORD_598479/2023[1]) The Munich Local Division (MLD) decided in favour of patentee Edwards Lifesciences Corporation (Edwards) with regard to the infringement action in respect of EP...
UPC denies provisional injunction on tool for adjusting the height of cabinet legs
Häfele SE & Co KG v Kunststoff KG Nehl & Co (UPC_CFI_443/2024 relating to EP3767151) Order of 25 November 2024 (ORD_62433/2024 [1]) This Decision from the Court of First Instance of the Unified Patent Court Local Chamber in Munich rela...
UPC denies provisional injunction on insulin pump
Insulet Corporation v. EOFLOW Co., Ltd. (UPC_CFI_380/2024 relating to EP4201327) Order of 22 November 2024 (ORD_56716/2024 [1]) This Decision from the Court of First Instance of the Unified Patent Court Central Division in Milan relates to EP420132...
UPC Court of Appeal Overturns Helsinki on Opt Out Withdrawal
AIM Sport v Supponor UPC_CoA_489/2023 and UPC_CoA_500/2023 Decision of 12 November 2024 (ORD_598488/2023 & ORD_598489/2023) AIM Sport had brought both provisional injunction and infringement proceedings against Supponor in the UPC local divisio...
UPC grants provisional injunction ex parte on motorbike helmet intercoms system
Cardo Systems, Ltd. v Shenzhen Asmax Infinite Technology Co., Ltd. and Hong Kong Yiheng International Technology Co. Limited (UPC_CFI_643/2024 relating to EP4240194) Order of 5 November 2024 (ORD_59913/2024 [1]) This Decision from the Local Divisio...
Successful appeal deprives penalty payment of basis
Nanostring v 10x Genomics UPC_CoA_470/2023 Order of 10 December 2024 (ORD_598533/2023) As we previously reported, the Munich Local Division of the UPC imposed a penalty payment against Nanostring for non-compliance with the provisional injunction i...
Provisional Injunction on Lice Treatment
G. Pohl-Boskamp GmbH & C. KG v pharma-aktiva GmbH and others UPC_CFI_541/2024 Order of 20 December 2024 (ORD_67522/2024) The claimant G. Pohl-Boskamp GmbH & C. KG is proprietor of EP 1993363, which claims a composition for combating ectopar...
UPC grants penalty payment for non-compliance with production order
Koninklijke Philips N.V. (“Philips”) v Belkin International, Inc., Belkin GMBH and Belkin Limited (collectively “Belkin”) - UPC_CFI_390/2023 relating to EP 2867997 B1 Order of 18 December 2024 - ORD_60616/2024 Philips sought...
Incomplete secondary evidence pleaded late in proceedings has no chance against prima facie obviousness in High Court decision
A 163-page judgment for Pfizer Limited v. GlaxoSmithKline Biologicals S.A. & Anor [2024] EWHC 2523 was handed down on 7 October 2024 by Mr Justice Mellor. The decision concerns the requirements of secondary evidence with respect to obviousness, par...
T 1741/22 - no credible technical effect produced by deriving additional data from medical measurements
An interesting “B” decision from Board 3.5.05 was published yesterday relating to the generation of new data from medical measurements being relied on for a technical effect. The decision is summarised with the catchword: “The mere ge...
No Country for New Laws
Trailblazing developments in Artificial Intelligence have left a litany of complex legal cases in their wake, and judges are tasked with deciding how old law should be interpreted against the backdrop of this technological revolution. Comptroller-Gen...
€325 million Funding for Semiconductor Research and Innovation in the UK and the EU
Europe’s Chips Joint Undertaking has bolstered its support for the semiconductor industry by announcing three funding calls with a combined value of up to €325M. The funding calls are to create: a pilot line for photonic integrated circuits ...
An Ocean Apart – Differences in US and EPO claim interpretation
Recent cases from the US Federal Circuit and the EPO Boards of Appeal highlight how the two jurisdictions have reached strict, and completely opposite, approaches to interpreting claims in light of the description. These cases demonstrate the need for ...
Court of Appeal affirms death of Bayer’s blood clotting patent in expedited hearing
The Court of Appeal announced at the conclusion of the hearing, on 16 May 2024, that Bayer’s appeal in the rivaroxaban litigation against a finding of invalidity following challenges by a number of generic pharmaceutical companies, which we have ...
T 0192/22 - Is a first medical use claim a magic bullet?
The EIP team was pleased to receive the BoA Decision on T 0197/22 earlier this month, providing the reasons for revocation of Translate Bio’s EP 3318248 B1 at the oral proceedings held in March, where we represented one of the Opponents. The p...
T 1762/21 – The EPO Board of Appeal Clarifies the Term “Inextricably Linked” When Assessing an Intermediate Generalisation
A recent decision from a Technical Board of Appeal of the European Patent Office provides clarity as to how “intermediate generalisations” are assessed for added matter. This decision states that certain features can be omitted from a claim...
Updated EPO Guidelines on AI – why US companies should encourage close collaboration between their US and European attorneys on AI patent applications
On 1 March 2024, the European Patent Office (EPO) updated its Guidelines for Examination regarding AI inventions. This included new wording relating to the sufficient disclosure of training data. Specifically, the new Guidelines state in F-III-3 that...
Court of Appeal takes AIM at attempts to show knock-on effect of pragmatic case management
Supponor Ltd v AIM Sport Development AG [2024] EWCA Civ 396 In a judgment handed down on 23 April 2024, the Court of Appeal dismissed Supponor’s appeal against the decision of Meade J in the High Court finding AIM Sport’s European Patent ...