Unified Patent Court

10 October 2024   Value-for-money UPC is worth it says GSK corporate counsel | Court offers alternative to costly US litigation | Head of vaccine patents says UPC offers “strategic plank” in Europe.

Latest Features

Unified Patent Court
The court rejected the medical device company’s auxiliary requests and nixed patent in 17 territories although it seems receptive to these amendments in general, say Laura Orlando and Rachel Montagnon of Herbert Smith Freehills.
Unified Patent Court
A distinctive UPC approach to patent validity and revocations is emerging as the court shows its willingness to break new ground, say Emily Bottle and Sebastian Moore of HSF.
Europe
Signs show that an uptick of life sciences cases at the Unified Patent Court is likely, but does the court have capacity? Anna Leathley, Richard Newell & Sarah Mitchell of Carpmaels & Ransford explore.
Unified Patent Court
Well-resourced NPEs looking to play the injunction card are eyeing up the court—companies with European operations should prepare, say Tom Oliver and Jessica Rosethorn of Powell Gilbert.
Europe
Is the court’s public access rule unfit for purpose? Lawyers at Mathys & Squire are arguing for pleadings and evidence to be automatically made available on request, finds Muireann Bolger.
Big Pharma
Despite a rocky start, with case-management issues and plenty of scepticism from stakeholders, there is much to applaud in the UPC’s first four months, write Sebastian Moore and John Lao of Herbert Smith Freehills.
Big Pharma
Are we now seeing the power posed by the court as a litigation forum, asks Antje Brambrink of Finnegan.
Big Pharma
Revocation and infringement actions involving a cholesterol treatment, prosthetic valves, and methods for analyte detection are among the first to land at the court within its first month, explain Joanne Welch and Darren Smyth of EIP.
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9 September 2024   UPC clarifies that evidence must show that pre-launch preparations are complete for threat of imminent infringement to occur | Question remains over how the UPC will deal with the cumulative activities of several companies in a group | Court also broaches key cross-border question.
3 September 2024   The Unified Patent Court’s first decisions from the first instance divisions—with healthcare-related subject matter predominating—have been made within weeks of the first anniversary of the UPC opening for litigation cases. Darren Smyth of EIP examines the details.
30 August 2024   Court grants access to test case documents after eight months | Mathys & Squire applied for access to challenge UPC's transparency | Firm says "significant concerns" remain about the court's commitment to transparency and open justice.
20 August 2024   Preliminary injunction doesn't extend to Ireland because it has not ratified UPC Treaty | Case concerns dispute over patents covering continuous glucose monitoring devices used in the management of diabetes | Injunction in favour of the US market leader now applies to three markets rather than four.
23 July 2024   Paris Central Division issues its first revocation judgment in dispute brought by Meril subsidiaries in Italy, Germany and India | Decision means infringement action by Edwards can resume at Munich Local Division | Damages worth €8m ($8.7m) | Gide, Marks & Clerk, Potter Clarkson among representatives.
16 July 2024   UPC’s Munich Central Division revokes Amgen's patent | Decision stems from a revocation action initiated by Sanofi last year | Court's ruling focused on interpretations of patent claims and principles of inventive step.
11 July 2024   Top ten UPC law firms handled over 70% of cases filed at the court | Full list of most prolific plaintiffs and defendants named.
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