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…
As discussed in my previous post on this Blog, the UPC’s current approach of granting pan-UPC relief across all the Contracting Member States (CMS), based merely on a formal reliance on Article 34…
The most uncomfortable thing one can say about the Unified Patent Court is not that it is becoming too German. It is that it may never have been built, and is still not quite treated, as a European…
A court of appeal is not a scoreboard, and it is worth saying so plainly at this stage of the debate on the Unified Patent Court. The discussion about how cases are distributed across the UPC’s…
This week, I have the pleasure of speaking in Amsterdam at C5’s 19th Annual Forum on Pharma & Biotech Patent Litigation in Europe, in a panel devoted to running and defending preliminary injunctions…
