Validity

Lesson 4: The UPC will not apply the Problem-Solution-Approach as developed by the EPOThis is now abundantly clear. In November 2025, the first and the second panel of the CoA have agreed on a common…

It has been a while since I last commented on the case law of the Unified Patent Court (UPC) on validity. To be precise, it was on 22 July 2024 in a blog titled “First Lessons on Validity before the…

The first decisions by the Central Division Munich, the Local Division Paris and the Local Division Düsseldorf adjudging a patent's validity in main proceedings are now out. Taken together, they…

The Unified Patent Court has refused to grant 10x Genomics a second preliminary injunction against rival NanoString, as it was not convinced of the infringement of 10x’s patent.  The case concerned…

Article 123 (2) EPC and corresponding national provisions prohibit an applicant or patentee from amending a patent application or patent such that its subject-matter extends beyond the content of the…

In this blog, we reported earlier about a new nullity action initiated in 2010 against the German supplementary protection certificate (SPC) for enantiomeric escitalopram and the judgment of the…

After the Federal Court of Justice (Bundesgerichtshof, BGH) had confirmed the validity of the German SPC for the enantiomeric escitalopram (and its underlying patent) in 2009, the Federal Patent…

In this case the patentee (Meyn) was granted a patent (EP 0 530 868) on a device to clean out the intestines of poultry during slaughtering. The enforcement court in Denmark granted an injunction…