Winning the jurisdiction argument in a long-arm case is not the same as having a claim. On 2 June 2026 the UPC Court of Appeal confirmed that the Mannheim Local Division had been right to hear…
Before the Unified Patent Court, a launch communication leads a double life. It can show that infringement is imminent. It can also fix the moment when the right holder knew enough to ask for…
The first strategic choice in a patent dispute is not where to sue. It is where to secure the evidence that will make the claim pleadable, quantifiable and commercially credible. A case may…
If a final decision on an infringement action has already been taken, for a second (consecutive) infringement action with respect to the same patent and between the same parties the question arises…
The Court concurs with the interpretative approach expressed by the EPO Board of Appeal (see Decision T1000/12 of 17 December 2023, T 412/09 of 9 May 2012 et al) according to which it is only in…
While the function of a structural element must be considered when interpreting a claim feature relating to such an element, the interpretation must likewise take into account the physical and…
On 22 June 2026, the Court of Appeal of the UPC handed down two closely connected orders in the dispute between Valeo Systèmes d'Essuyage and the Bosch group. Read together, they do something more…
A realistic starting point is typically a prior art disclosure as a whole. Absent a specific reason or pointer in the disclosure itself (or based on common general knowledge) to do so, the selection…
The lesson of this year's BIO International Convention in San Diego is not that the market has finally discovered the Unified Patent Court; it has been aware of it for some time. It is that life…
