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IP Cases & Articles
Defining the UPCs long arm: Fujifilm v Kodak
Patent litigation in Europe has historically operated along strictly territorial lines. However, this changed when the Unified Patent Court (UPC) opened its doors in June 2023, enabling an infringement action to be initiated that would have effect in every participating state. A primary aim was to reduce fragmentation of European… -
IP Cases & Articles
Tesla v InterDigital and Avanci: licensing terms for standard essential patents
The Supreme Court’s decision in Tesla v InterDigital & Avanci (UKSC/2025/0058/A) issued on 27 July 2026, addresses key questions of law concerning licensing terms for standard essential patents (SEPs) in which patent pools or platforms, like the Avanci platform, are used to offer licences for SEP owners to implementers on… -
IP Cases & Articles
UPC time limits: when procedural deadlines can be extended
The Rules of Procedure of the Unified Patent Court (UPC) allow for judges of the court to use their discretion in granting extensions for almost all time periods. Requests for extensions may often not be granted by the UPC, and therefore we take a look at some example decisions to… -
IP Cases & Articles
G1/26 referral: relevance of claim interpretation (G1/24) to the assessment of added subject-matter
Since G1/24 on claim interpretation was issued, there has been significant debate about what “consulting the description and drawings” may actually mean for claim interpretation. This debate has now widened, with a referral to the European Patent Office (EPO) Enlarged Board of Appeal asking how the description is to be… -
IP Cases & Articles
How far does UPC Local Division jurisdiction extend? Sinocare v Abbott Diabetes Care clarifies non-European manufacturer risk
The Unified Patent Court (UPC) Court of Appeal upheld The Hague Local Division’s decision to award a preliminary injunction preventing the Chinese manufacturer Sinocare, and its European distribution partner Menarini Diagnostics, from selling its continuous glucose monitoring (CGM) device “GlucoMen iCan o3” in UPC contracting member states. -
IP Cases & Articles
The future of farming: global patent trends in digital agriculture
By 2050, the world will need to produce roughly 70% more food than it did in 2009, on a planet with less spare land, less predictable weather, and less patience for the environmental cost of getting there. Consumer demand is shifting toward more sustainably and traceably produced food. Supply chains… -
IP Cases & Articles
Made in space: the future of additive manufacturing?
This article looks at how additive manufacturing could support future space missions, from on-demand repairs and reduced launch mass to the construction of larger structures beyond Earth. It also considers the technical challenges of manufacturing in microgravity and, importantly, what the emerging patent landscape means for companies developing technologies in… -
IP Cases & Articles
Added matter at the UPC: a sticky situation
Two recent Unified Patent Court cases may have some implications for future added matter issues heard before the UPC, and in particular those concerning alleged intermediate generalisation. The decisions in both cases are also noteworthy when compared with EPO (European Patent Office) procedure. -
IP Cases & Articles
AliExpress fined record 550 million for digital services act breach
The European Commission has fined AliExpress €550 million for breaching the Digital Services Act (DSA), the largest penalty issued under the regulation to date. The e-commerce platform failed to properly police illegal, unsafe and counterfeit goods. -
IP Cases & Articles
Expert evidence in UK registered design proceedings: guidance on admissibility and limitations
In ICAP Laundry Care SL v Persan SA, an invalidity action was brought against a UK registered design for a detergent capsule. The rightsholder filed a witness statement presented as an expert report to try and prove the design was new and had individual character. The Tribunal deemed this to…
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