Litigation

It has been about a year since the UPC issued its first PI decision, making it a good time to reflect on the case law created so far. The year has seen PI applications being made in front of a range…

On 3 June 2024, the UPC’s Hamburg Local Division rejected a PI application against UEFA (Union des Associations Européennes de Football) and Kinexon GmBH (a technology partner) in regard to the use…

On 28 May 2024, the UPC Court of Appeal (in decision UPC_CoA_22/2024) upheld a decision of the Court of First Instance, Central Division (Paris Seat) not to stay revocation proceedings before the UPC…

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…

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…

Opt-outs are dealt with in Part IV of the UPC Agreement entitled “Transitional Provisions”. The prevailing view is that these provisions should be interpreted to mean that an opted-out patent is no…

Question: I applied for my SPC in reliance on the law as set out in Neurim[1], following Santen[2] can I still obtain my SPC? Answer: No, according to the English High Court[3]. In 2018, i.e. before…

Access to documents: How far should we be able to peek behind the curtain? As we move past the first six months of operation of the UPC, those trying to keep track of its jurisprudence – and the…

This is the first of a new series of monthly posts on the UPC from Bristows, in which our UPC experts will be providing their commentary and insights on the development and themes arising from the…