You, me & the UPC

Episodios

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  Case by Case | Court of Appeal clarifies the method for calculating Court fees in appeals in accordance with R. 220.1(a) RoP 21.08.2026 3m

  On 15 July 2026, the CoA issued an order in proceedings between Qualcomm and Network System Technologies, clarifying aspects of the how UPC Court fees should be calculated when filing appeal proceedings. The dispute concerned the calculation and payment of appeal fees in proceedings where Network System Technologies (NST) had commenced infringement proceedings against Qualcomm entities and Samsung relating to three patents, and counterclaims for revocation of these patents had been commenced ...
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  Case by Case | Court of Appeal upholds injunction finding provisional measures necessary to prevent competitive harm 21.08.2026 2m

  Ewan MacAulay discusses a Court of Appeal (CoA) (Panel 3, Judge Ulrike Voß presiding) handed down on 8 July 2026. It concerned AngelAlign’s appeal against the 12 February 2026 order of the Düsseldorf Local Division (LD) to issue a Preliminary Injunction (PI) for its alleged infringement of Align Technologies’ patent EP 4 346 690. Keep on top of UPC cases as they develop by visiting our UPC case tracker. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.c...
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  Case by Case | Düsseldorf Local Division clarifies the scope of NDAs in FRAND negotiations 14.08.2026 1m

  Luke Norton explores the Düsseldorf Local Division decision in InterDigital v The Walt Disney from 23 July 2026, finding that Disney had infringed InterDigital’s patent EP 2 449 782, which relates to the signalling of intra prediction information in video encoding and bitstreams. Disney’s counterclaim for revocation failed, as the patent was found not to contain added matter and the claims were held to be both novel and inventive over the cited prior art. Visit our UPC case tracker to s...
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  Case by Case | Court of Appeal confirms scope for reliance on dependent claims in revocation proceedings 14.08.2026 3m

  In today's episode, Rebekka Thomas discusses the Court of Appeal decision in Fujifilm v Kodak concerning EP 3 476 616, relating to lithographic printing plate precursors, manufacturing methods and printing methods. The Court overturned the Mannheim Local Division’s (LD) revocation of the patent and dismissal of Fujifilm’s infringement action, holding that a patentee may rely on granted dependent claims and claim combinations already encompassed by the patent as granted without filing an auxil...
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  Case by case | Hamburg Local Division restricts UPC jurisdiction over UK patent parts despite EU anchor defendants 07.08.2026 1m

  On 8 June 2026, the Hamburg Local Division partially granted the Defendants’ preliminary objection under r.19.1(a) RoP concerning the UPC’s international jurisdiction over a US-based defendant in respect of infringement in a non-UPC member state, in this case, the UK. Listen to Amy Howlett's rundown of the decision today. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com. Find all the episodes as we release them here. Follow us on LinkedIn.
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  Case by Case | Court of Appeal rejects Guardant Health’s preliminary injunction application due to unreasonable delay 07.08.2026 4m

  In a decision dated 2 July 2026, the Court of Appeal (CoA) provided guidance on the steps a patentee should take to comply with the urgency requirement in the preliminary injunction proceedings brought by Guardant Health (Guardant) against SOPHiA Genetics’ (SOPHiA) liquid biopsy test. Bristows represented SOPHiA in these proceedings. Florence Plisner explains more in this episode. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com. Find all the episod...
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  Case by Case | Local Division overturns ex parte injunction granted in November in relation to protective head gear 31.07.2026 3m

  Florence Plisner discusses the Milan LD's decision to grant Cardo Systems (Cardo) ex parte Preliminary Injunction (PI) against ResoSport and Shenzhen Ziwu Chuangxin Technology (together ResoSport) in relation to infringement of a patent covering a fastening device within protective head gear. View our UPC case tracker to stay up to date on the latest developments in the UPC. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com. Find all the episodes as ...
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  Case by Case | Court of Appeal provides guidance on orders for the production of evidence under R.190 RoP 31.07.2026 1m

  On 29 June 2026, the CoA handed down a decision providing guidance on the production of evidence under R.190 RoP in Polytechnik Luft- und Feuerungstechnik v Dall Energy [UPC-COA-57/2026]. Patrick Newlands walks you through the CoA considerations in this episode. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com. Find all the episodes as we release them here. Follow us on LinkedIn.
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  Case by Case | Court of Appeal further address third party access to document 24.07.2026 2m

  Patrick Newlands speaks on the CoA's clarification on both the procedural route for challenging decisions on access to documents and the substantive approach to granting such access. The appeal arose from an application by Quinn Emanuel for access to pleadings in concluded infringement proceedings between Huawei and MediaTek. The Judge Rapporteur had granted access subject to redactions, a decision upheld by the Munich Local Chamber (LC). Huawei sought to challenge that outcome, a...
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  Case by Case | Court of Appeal Confirms Test for Removing a Patent Opt-Out 24.07.2026 2m

  On 29 June 2026, the CoA rejected SILIMED’s application for review of the Registrar’s refusal to remove Polytech’s 30 March 2023 opt-out of EP 2 581 193 (EP 193). EP 193 was initially granted to Polytech. However, SILIMED was successful in German non-entitlement proceedings seeking the transfer and consent to the re-registration of all national parts of EP 193. Listen to Ben Reeves' explanation of the decision in this episode. Visit our UPC case tracker for more detail on this case, and many ...
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  Case by Case | Local Division dismisses application for provisional measures finding a lack of urgency 17.07.2026 5m

  Check out our UPC case tracker. On 17 June 2026, the Milan Local Division (LD) dismissed Ericsson’s application for provisional measures against ASUSTeK and Arvato in relation to EP 3 076 673, a patent concerning the decoding and encoding of pictures of a video sequence. Eden Winlow explains more in this episode. Listen today. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com. Find all the episodes as we release them here. Follow us on Lin...
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  Case by Case | Court of Appeal provides key jurisdictional guidance on multi‑defendant infringement actions 17.07.2026 4m

  Check out our UPC case tracker today. Eden Winlow explores two Court of Appeal (CoA) orders issued on 22 June 2026. They address related aspects of internal UPC jurisdiction in multi-defendant infringement actions. In Valeo v Bosch, the Court considered the position where one or more defendants were established outside the territory of the Contracting Member States, here Serbia and China, and clarified the relationship between art. 33(1)(b) and the third subparagraph of art. 33(1) of the...
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  Case by Case | Local Division overturns ex parte injunction granted in November in relation to protective head gear 10.07.2026 3m

  On 5 November 2025, the Milan LD granted Cardo Systems (Cardo) ex parte Preliminary Injunction (PI) against ResoSport and Shenzhen Ziwu Chuangxin Technology (together ResoSport) in relation to infringement of a patent covering a fastening device within protective head gear. Florence Plisner explains all in this episode. For more analysis our UPC cases, visit our UPC case tracker. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com. Find all the episode...
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  Case by Case | Paris Local Division Rules on Doctrine of Equivalents 10.07.2026 2m

  Alex Mocanu walks you through the Paris Local Division (LD) decision in Tiru v Valinea Energie (UPC_CFI_130/2025) handed down on 29 May 2026. The decision concerned Tiru’s patent EP 3 178 578 (EP 578), which relates to technology implemented in a waste incineration furnace. Valinea Energie (Valinea), a company within the Veolia group, operates the accused waste treatment facility in Montbéliard, France. The second defendant, Maguin, manufactures the combustion chamber of the furnace alleged t...
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  Case by Case | Court of Appeal confirms Local Divisions’ discretion in value in dispute assessments 03.07.2026 3m

  Helin Kaya walks you through a Court of Appeal (CoA) decision today. In which it issued an order dismissing Speed Care’s request for discretionary review concerning the value in dispute set by the Hamburg Local Division (LD) in proceedings concerning EP 2 077 811. Want to learn more about the UPC, visit our UPC case tracker today. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com. Find all the episodes as we release them here. Follow us on...
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  Case by Case | Mannheim Local Division grants injunction against Disney in respect of InterDigital’s video streaming patent 03.07.2026 3m

  On 16 June 2026, the Mannheim Local Division (LD), granted relief, including an injunction, against the Defendants (Disney) in respect of InterDigital’s (IDC) EP 2 465 265, a patent relating to intra chroma encoding and decoding of video data. Listen to Nadine Bleach's summary of the decision decision today. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com. Find all the episodes as we release them here. Follow us on LinkedIn.
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  Case by case | Court of Appeal Confirms Security for Costs Obligations Apply to SMEs 26.06.2026 3m

  On 1 June 2026, the Court of Appeal confirmed that a claimant's status as a small or medium-sized enterprise does not exempt it from the obligation to provide security for costs under r. 158 RoP, dismissing an appeal by La Siddhi Consultancy Limited against a €75,000 security order made in revocation proceedings before the Milan Central Division. Listen to Lucy Sewter's overview of the decision today. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com...
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  Case by Case | Court of Appeal clarifies decision by default against appellants who fail to provide security for costs 26.06.2026 3m

  Lucy Sewter walks you through a Court of Appeal decision in this episode. The decision was issued by default against Suinno Mobile & AI Technologies Licensing Oy, dismissing its appeal against the Paris Central Division's revocation of EP 2 671 173 in its entirety. The decision serves as a reminder of the consequences of non-compliance with security for costs orders. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com. Find all the episodes a...
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  Case by Case | Lisbon Local Division provides guidance on revocation of expired patents and online infringement 19.06.2026 4m

  Jonathan Ross explores a Lisbon Local Division (LD) decision today. They found that Ericsson had successfully established infringement of its Wi-Fi related patent EP 2 819 131 against AsusTek. The case concerned laptops and notebooks incorporating Intel Wi‑Fi 6 and Wi‑Fi 6E modules. Ericsson alleged that AsusTek infringed through its various European‑facing websites. AsusTek counterclaimed for revocation and denied infringement, arguing both that the patent was invalid and that it was n...
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  Case by Case | Hamburg Local Division penalises defendants for website and marketplace offerings despite disclaimers 12.06.2026 3m

  Maria Ryan talks you through a Hamburg Local Division (LD) decision today. The Hamburg LD ordered penalty payments of EUR 58,800 against two defendants for non‑compliance with a final order. The order for payment follows a preliminary injunction granted in October 2025 in favour of Occlutech GmbH, in which the defendants, Lepu Medical, were prohibited from offering, placing on the market or using (or importing or storing for those purposes) certain braided occlusion devices in a number of cou...