UPC updates

UP & UPC Updates

No slice of the PI for Ericsson

No slice of the PI for Ericsson
Lisbon Local Division rejects Ericsson’s preliminary injunction request because of a lack of urgency
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The UPC Court of Appeal considers an ex parte Preliminary Injunction for the first time

The UPC Court of Appeal considers an ex parte Preliminary Injunction for the first time
The UPC Court of Appeal considers an ex parte Preliminary Injunction for the first time
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Philips v. Belkin: at the UPC “A or B” can mean just A, at least if the description supports it

Philips v. Belkin: at the UPC “A or B” can mean just A, at least if the description supports it
The UPC issues its first injunction involving a SEP, providing insights into claim interpretation, individual defendants and the impact of prior final decisions
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Avago vs Tesla: the UPC consolidates its approach

Avago vs Tesla: the UPC consolidates its approach
The latest UPC decisions provide some further insights into the Court’s approaches to claim interpretation and procedural handling
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Navigating new territories: cross-border supply chains and the UPC

Navigating new territories: cross-border supply chains and the UPC
Is the UPC’s extended reach changing the framework of indirect patent infringement in Europe?
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Avago vs Tesla: the UPC consolidates its approach

Avago vs Tesla: the UPC consolidates its approach
The latest UPC decisions provide some further insights into the Court’s approaches to claim interpretation and procedural handling
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Hand Held Products, inc. v Scandit AG: The UPC gets (in)directly to the point

Hand Held Products, inc. v Scandit AG: The UPC gets (in)directly to the point
Direct and indirect infringement at the UPC
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Amendments at the UPC – what to consider?

Amendments at the UPC – what to consider?
The UPC’s guidance so far on amendments to the patent and amendments to the case
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Third party access to documents at the UPC – the who, why, what, and when

Third party access to documents at the UPC – the who, why, what, and when
The UPC’s decisions on requests for access to pleadings and court-generated documents
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Battling it out in Paris 2024

Battling it out in Paris 2024
The Paris Central Division issues its first revocation decision and deals with amendments and multiple parties across multiple actions
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UPC Confirms the Approach to Protection of Confidential Information When There is An Intervener

UPC Confirms the Approach to Protection of Confidential Information When There is An Intervener
Order issued in the ongoing dispute between Dolby International AB and subsidiaries of Hewlett Packard provides insight into how confidential information will be treated when there is an intervener
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Major win for Sanofi and Regeneron in the UPC’s first revocation action (UPC_CFI_1/2023)

Major win for Sanofi and Regeneron in the UPC’s first revocation action (UPC_CFI_1/2023)
Carpmaels & Ransford leads the winning team in first ever UPC revocation decision of the Central Division UPC
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Not a piece of cake: In its first infringement case, the Paris Local Division revokes the Patent

Not a piece of cake: In its first infringement case, the Paris Local Division revokes the Patent
Dexcom’s patent EP 3 435 866 found to be invalid in its entirety across 17 current UPC states, a wider territory than that in which Dexcom had sought to enforce it
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Düsseldorf Local Division issues the UPC’s first decision on the merits

Düsseldorf Local Division issues the UPC’s first decision on the merits
Our insights into the UPC’s decisions on issues of validity, claim interpretation, infringement, remedies, and apportionment of costs
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Claim interpretation at the UPC and EPO

Claim interpretation at the UPC and EPO
With guidance from the UPC Court of Appeal and potentially divergent case law at the EPO, claim interpretation is coming under scrutiny
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UPC order applies EPO’s standard for added matter by way of intermediate generalisation

UPC order applies EPO’s standard for added matter by way of intermediate generalisation
Is the EPO’s ‘gold standard’ for added matter going to be applied by the UPC when examining patent validity? A recent order denying a preliminary injunction might suggest so
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The UPC – one year in

The UPC – one year in
A strong start from the new Court in its first 12 months and many more milestones to come
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New acceleration mechanism for EPO oppositions

New acceleration mechanism for EPO oppositions
EPO may issue opposition decisions within 8 months where there are co-pending national or UPC proceedings
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Changing languages at the UPC

Changing languages at the UPC
UPC Court of Appeal issues the first decision on Article 49(5) UPCA
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The UPC goes from strength to strength

The UPC goes from strength to strength
Europe’s new patent court has been busy over the last nine months, with several new developments around the corner in Ireland and Milan
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Carpmaels & Ransford UPC representatives’ article published in the journal “epi Information”

Carpmaels & Ransford UPC representatives’ article published in the journal “epi Information”
The Carpmaels & Ransford authors analyse a recent UPC decision in the December 2023 edition of “epi Information”
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The Carpmaels & Ransford UPC event

The Carpmaels & Ransford UPC event
The firm hosted an event with industry leaders to reflect on the successes of the new court in its first 6 months
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Decision making at the UPC: MedTech

Decision making at the UPC: MedTech
For Medtech companies dealing with a patchwork of European rights, the UPC may prove useful for cost-efficiency and speed, alone or alongside traditional defensive and enforcement strategies
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Lost in translation? Determining and changing the language of proceedings at the UPC

Lost in translation? Determining and changing the language of proceedings at the UPC
Litigants have a choice of languages at the UPC, and as shown in ORD_581189/2023, this can be changed to the language in which the patent was granted
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Decision making at the UPC: Robotics & Software

Decision making at the UPC: Robotics & Software
The UPC’s tools for information gathering to obtain evidence of infringement under certain jurisdictions may prove to be particularly useful in the robotics and software sector
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Decision making at the UPC: Life sciences sector

Decision making at the UPC: Life sciences sector
Companies in the life sciences sector show a healthy appetite to engage with the new court system as the Unified Patent Court opens its doors and Unitary Patents begin to grant – is it time for more companies to join them?
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Re-establishment of Unitary Patent Rights

Re-establishment of Unitary Patent Rights
What to do if key deadlines are missed
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To embrace or to avoid? Decision making at the UPC

To embrace or to avoid? Decision making at the UPC
An article series on what the UPC system means for your business
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Licensing Unitary Patents

Licensing Unitary Patents
Five issues for licensors and licensees to consider now
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Co-ownership of Unitary Patents

Co-ownership of Unitary Patents
What to consider when preparing a UP co-ownership agreement
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How to assign a UP and how to record the assignment

How to assign a UP and how to record the assignment
An overview of the additional legal issues that apply
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Unitary Patent due diligence

Unitary Patent due diligence
Essential considerations for IP transactions
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First inter partes preliminary injunction issued by UPC

First inter partes preliminary injunction issued by UPC
Decision in spatial imaging field handed down yesterday – decision in related case to follow
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Will the UPC’s first inter partes preliminary injunction be in the gene sequencing technology field?

Will the UPC’s first inter partes preliminary injunction be in the gene sequencing technology field?
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English is set to become the main language of the UPC

English is set to become the main language of the UPC
English is set to become the main language of the UPC
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The UPC has now opened

The UPC has now opened
The UPC has now opened
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New certainty for handling of cases by the central division of the UPC

New certainty for handling of cases by the central division of the UPC
New certainty for handling of cases by the central division of the UPC
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UPC statistics: what do the data show?

UPC statistics: what do the data show?
UPC statistics: what do the data show?
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Protective Letters at the UPC – Better Safe Than Sorry

Protective Letters at the UPC – Better Safe Than Sorry
With the UPC set to reshape European patent enforcement, parties should consider filing Protective Letters at the UPC as a routine part of their freedom-to-operate strategy
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The sun rises on a new era of patent law in Europe

The sun rises on a new era of patent law in Europe
The UPC will open its doors on 1st June 2023
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Requests for Unitary Patents Are Now Available

Requests for Unitary Patents Are Now Available
Patentees can adapt their portfolio strategies now to take advantage of the cost-savings provided by the Unitary Patent
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2023: The year of the Unified Patent Court!

2023: The year of the Unified Patent Court!
New dates in 2023 have been announced for the start of the Unified Patent Court – how will this affect your patent strategy in 2023?
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Expectations on the topics of ‘frontloaded’ proceedings and expert evidence

Expectations on the topics of ‘frontloaded’ proceedings and expert evidence
Evidence for the UPC: Expectations on the topics of ‘frontloaded’ proceedings and expert evidence
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Logistics and Litigation impacted by the UPC

Logistics and Litigation impacted by the UPC
Logistics and Litigation impacted by the UPC
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UPC Judges Finally Announced

UPC Judges Finally Announced
The UPC sets out to be the most efficient forum for patent litigation in the EU
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Judgment day: could UPC judges harmonise international patent law?

Judgment day: could UPC judges harmonise international patent law?
Despite the cause for optimism, it remains to be seen whether the UPC framework will be enough to bring about the challenge of international harmonisation
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Final UPC Rules of Procedure now published

Final UPC Rules of Procedure now published
The new rules came into effect on 1st September
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Here comes the Unified Patent Court and Unitary Patent

Here comes the Unified Patent Court and Unitary Patent
Time to start preparing for the sunrise period
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Here comes the Unified Patent Court!

Here comes the Unified Patent Court!
Parts of the UPC Agreement are now finally operational
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Here comes the Unitary Patent!

Here comes the Unitary Patent!
New options for validation in the life sciences sector - what does this mean for conventional national validation?
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The UPC is likely to open its doors in Autumn 2022: 30th September 2021

The UPC is likely to open its doors in Autumn 2022: 30th September 2021
After years of delay the Unified Patent Court and Unitary Patent might be just around the corner
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Unified Patent Court likely to arrive in 2022: 23rd August 2021 

Unified Patent Court likely to arrive in 2022: 23rd August 2021 
The biggest change to European patent law in a generation is finally on its way
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Unified Patent Court - current status: 30th March 2021

Unified Patent Court - current status: 30th March 2021
The biggest change to European patent law in a generation rests on the fate of two German constitutional challenges
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Another delay to the Unified Patent Court: 22nd December 2020

Another delay to the Unified Patent Court: 22nd December 2020
The German Federal Constitutional Court receives further challenges
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German challenge to the Unified Patent Court Agreement is upheld on a technicality: 1st July 2020

German challenge to the Unified Patent Court Agreement is upheld on a technicality: 1st July 2020
The German Government moves towards ratification of the UPC Agreement
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UPC - RIP?: 28th February 2020

UPC - RIP?: 28th February 2020
The UK will not participate in the Unitary Patent and Unified Patent Court system
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News on the UK’s involvement in the UPC after Brexit: 24th August 2018

News on the UK’s involvement in the UPC after Brexit: 24th August 2018
The UK government has published additional information about how the UK might participate in the Unified Patent Court after Brexit
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UK ratifies the UPC Agreement: 27th April 2018

UK ratifies the UPC Agreement: 27th April 2018
The UK moves forwards with the biggest update to European patent law in 40 years
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