Case Law

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…

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…

After Novartis had obtained a preliminary injunction against Pharmathen, it observed that there were still infringing acts being performed. In the first instance, the provisions judge sided with…

When interpreting a patent claim, the person skilled in the art does not apply a philological understanding, but rather determines the technical meaning of the terms used with the aid of the…

In a second case between DexCom and Abbott, DexCom claimed against Abbott for infringement of a divisional patent by its glucose monitoring system. However, Abbott, in a similar fashion as with the…

Background In June 2024, we reported that in an application for provisional measures brought by Abbott Diabetes Care against Sibio Technology, The Hague Local Division (“LD”) determined, inter alia,…

In a long awaited, but timely decision the Düsseldorf local division has the honour to be the first to decide an infringement case before the UPC. Indeed, the court lived up to its promise to deliver…

On 19 July 2024, the Court of Appeal handed down its judgment in Comptroller – General of Patents, Designs and Trade Marks v Emotional Perception AI Limited [2024] EWCA Civ 825 following a hearing on…

A recent decision from Joanna Smith J dealing with the costs of a withdrawn application in a case before the English Patents Court contains an important postscript and suggests that the rules in the…