You, me & the UPC

Epizode

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  Case by Case | The Düsseldorf Local Division clarifies the role of evidence preservation in establishing infringement 17.09.2026 5min

  Listen to Cassie Blackburn's analysis of the Düsseldorf Local Division (LD) decision in fiskaly GmbH v SwissBit AG and Swissbit Germany AG, also concerning an application for evidence preservation and inspection measures. fiskaly GmbH (fiskaly), the proprietor of EP 4 285 308, which relates to the secure registration of sequences of transactions, filed an application on 20 April 2026 for an inspection and preservation order, which was subsequently granted. SwissBit AG and Swissbit Germany AG ...
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  Case by Case | The Düsseldorf Local Chamber Clarifies “Double-Flat” Claims and Confirms Intermediary Liability for EU Authorised Representatives. 11.09.2026 4min

  Rachael Cartwright explores a decision that will be of particular interest to medical device manufacturers and their regulatory representatives. The Düsseldorf Local Chamber (LC) considered the scope of liability of an EU authorised representative in proceedings concerning EP 2 892 442, designated in Germany, France and the UK, relating to surgical torque transmitting instruments. The patent proprietor ultimately continued its case only against the German entity acting as the authorised repr...
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  Case by Case | Court of Appeal dismisses added matter and inventive step attacks, upholding Abbott’s glucose monitoring patent 04.09.2026 3min

  Florence Plisner unpacks a Court of Appeal (CoA) decision. The CoA dismissed Sibio’s appeal against the Paris Central Division’s decision upholding Abbott’s patent relating to continuous glucose monitoring devices, in a judgment that provides important guidance on the assessment of added matter and, in particular, intermediate generalisations. If you have any feedback, questions, or comments, please email us at [email protected]. Find all the episodes as we release them here. Foll...
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  Case by Case | The Hamburg Local Division provides further guidance on the relationship between patent pool and bilateral licensing, implementer willingness, and the scope of the FRAND defence 04.09.2026 3min

  Patrick Newlands talks about a Hamburg Local Decision (LD) today from 24 August 2026. The LD issued a significant FRAND decision in Fraunhofer v HMD, rejecting HMD’s FRAND defence while providing guidance on when an implementer can insist on a bilateral SEP licence instead of taking a pool licence. The LD confirmed that an SEP owner can satisfy its FRAND obligations if it offers one FRAND-compliant licence, whether through a patent pool or bilaterally. Accordingly, where both routes a...
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  Case by Case | Court of Appeal confirms retroactive effect of overturned UPC judgments, having no legal effect for enforcement purposes 28.08.2026 3min

  Eden Winlow speaks on a Court of Appeal (CoA) decision today. The CoA set aside penalty orders requiring Kodak to pay €1.72 million for alleged non-compliance with an earlier infringement judgment in favour of Fujifilm. The appeal followed the Court’s earlier decision on the merits, in which the Mannheim Local Division’s (LD) infringement judgment was overturned and Kodak was found not to infringe because it could rely on a private prior use right, previously reported here and here. If you ha...
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  Case by Case | Paris Local Division Refuses Stay UPC proceedings despite parallel National Revocation action 28.08.2026 5min

  On 30 July 2026 the Paris Local Division (LD) refused to stay the infringement action initiated by several companies in the Merz group (Merz) despite parallel revocation proceedings before the Paris National Court, Tribunal Judiciaire de Paris (Paris TJ). The Court’s decision provides further guidance on the application of Art. 29 and 30 of the Brussels I Recast Regulation (BIRR) to parallel national and UPC proceedings. Listen to Hannah Rigby's explanation of the decision. If you have any fe...
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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 3min

  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 2min

  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 [email protected]...
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  Case by Case | Düsseldorf Local Division clarifies the scope of NDAs in FRAND negotiations 14.08.2026 1min

  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 3min

  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 1min

  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 [email protected]. 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 4min

  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 [email protected]. 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 3min

  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 [email protected]. 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 1min

  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 [email protected]. 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 2min

  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 2min

  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 5min

  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 [email protected]. 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 4min

  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 3min

  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 [email protected]. Find all the episode...
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  Case by Case | Paris Local Division Rules on Doctrine of Equivalents 10.07.2026 2min

  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...