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IP Cases & Articles
Double territoriality: indirect infringement under the UPC
In a recent decision (ORD_17811/2025) the Milan Central Division of the Unified Patent Court has provided important clarification on the so-called “double territoriality” requirement for indirect infringement under Article 26 of the Unified Patent Court Agreement (UPCA), confirming that this requirement is met when the offer and the act of… -
IP Cases & Articles
The EPOs approach to supporting data from the perspective of statistics: T 2036/21 & T 1863/21
It is established European Patent Office (EPO) case law that proceedings before the EPO are conducted with the principle of free evaluation of evidence, which means that there are no firm rules according to which certain types of evidence are, or are not, convincing. In this article, we discuss two… -
IP Cases & Articles
Protecting your after-market: part 2 - repairs
Maintenance and repair are essential for prolonging the use of any heavy plant, production line, or farming equipment. Moreover there are often specific components that are more likely to fail than others; for example plastic components may weaken due to prolonged chemical or UV exposure in agritech and construction settings. -
IP Cases & Articles
After the International Year of Quantum: what comes next for the patent and investment landscape?
The International Year of Quantum Science and Technology (IYQ) in 2025 marked a symbolic milestone for a field that has long sat at the intersection of fundamental physics and future commercial promise. Over the past year, quantum technologies moved firmly into the mainstream of government strategy, industrial planning and investor… -
IP Cases & Articles
Clinical trial protocols and a reasonable expectation of success: differing EPO & UPC decisions
The Unified Patent Court’s (UPC) Munich Local Division recently revoked Sanofi’s EP2493466 patent for lack of inventive step in view of a phase III clinical trial protocol. This is in contrast to the earlier decision T 0136/24 of the European Patent Office (EPO) Board of Appeal which had maintained the… -
IP Cases & Articles
IPEC insights: Luxe World v Touch of Vogue - account of profits not available in threats action
The Intellectual Property Enterprise Court (IPEC) has issued a helpful decision in an interim strikeout application confirming that an account of profits is not available as a remedy in an unjustified threats action. Whilst this decision specifically concerns registered designs, the reasoning of the judge suggests that it would apply… -
IP Cases & Articles
Artificial neural networks are programs for a computer: UK Supreme Court revisits boundaries of AI patentability
On 11 February 2026 the UK Supreme Court handed down its judgment in the case of Emotional Perception AI Limited v Comptroller General of Patents, Designs and Trade Marks, ruling that an invention directed towards a pure computer program “as such” is not excluded from patentability where the claimed subject… -
IP Cases & Articles
IPEC insights: Edozo v Valos - no copyright protection in functionality (the limits of software copyright)
This recent Intellectual Property Enterprise Court (IPEC) decision concerned an application by Edozo Limited (the claimant) against Valos (UK) Limited (the defendant) to strike out parts of Valos’s defence and counterclaim. -
IP Cases & Articles
Use of AI tools at the UKIPO, EPO and USPTO
Artificial intelligence (AI) tools are increasingly being explored by patent offices worldwide as a means of improving efficiency, consistency, and search quality. For patent applicants and attorneys, understanding how these tools are used, and just as importantly how they are not used, is essential. This article considers the current position… -
IP Cases & Articles
From supplements to SANDOKAN: a snapshot of bad faith across the UK and EU
Bad faith continues to evolve and influence trade mark prosecution strategy across the UK and EU. Two recent decisions, one from the UKIPO and one from the EU General Court, shed light on how tribunals are assessing improper filing motives.
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