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You, me & the UPC

You, me & the UPC

Bristows LLP 84 episodes Nov 6, 2026

Bristows' patent litigation experts unpack key UPC decisions, explore their implications, and share practical strategies to help your business navigate the UPC with confidence.

Episodes

Case by Case | Court of Appeal rules there is no right to appeal decisions on re-establishment of rights
Case by Case | Court of Appeal rules there is no right to appeal decisions on re-establishment of rights Nov 6, 2026 2:13 On 13 October 2026, the Court of Appeal (CoA) dismissed Rematec GmbH & Co KG’s application for leave to appeal against a Mannheim Local Division (LD) order concerning two unsuccessful applications for cost decisions. Following decisions on the merits in both LD and CoA infringement/revocation proceedings against Europe Forestry, Rematec had missed the deadlines for applications for both cost d
Case by Case | Paris Local Division finds Align’s clear-aligner patent valid and infringed
Case by Case | Paris Local Division finds Align’s clear-aligner patent valid and infringed Oct 30, 2026 2:50 Melissa Dix talks you through a Paris LD decision from 16 October 2026.The Paris LD held that Align’s patent relating to orthodontic clear aligners was valid and infringed by Angelalign. The Court granted an injunction covering 17 UPC Member States, together with recall, removal, destruction, information and damages. However, it dismissed Align’s arguments relating to allegedly infringing acts in
Case by Case | Court of Appeal provides guidance on electronic signatures and language of proceedings in Esko dispute
Case by Case | Court of Appeal provides guidance on electronic signatures and language of proceedings in Esko dispute Oct 30, 2026 3:38 The Court of Appeal (CoA) has confirmed the limited circumstances in which it will interfere with First Instance determinations concerning language and has also provided clarity on formalities relating to electronic signatures on filed pleadings.Tune in to hear Florence Plisner overview of the decision.If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com.Fin
Case by Case | Düsseldorf LD clarifies limits of r.171(2) RoP.
Case by Case | Düsseldorf LD clarifies limits of r.171(2) RoP. Oct 23, 2026 2:03 Milly Wickson discussed the Inficon v Elitech decision from the Düsseldorf LD today.On 6 October 2026, the Düsseldorf LD clarified the limits of r.171(2) RoP when assessing technical evidence of infringement in Inficon v Elitech.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.
Case by Case | Court of Appeal (CoA) grants NVIDIA reinstatement following earlier CoA clarification on conditional revocation appeals
Case by Case | Court of Appeal (CoA) grants NVIDIA reinstatement following earlier CoA clarification on conditional revocation appeals Oct 16, 2026 2:49 Sam Harvey unpacks a Court of Appeal (CoA) decision today. BF exaCQ AG and ParTec AG, the claimants in these proceedings, had brought patent infringement proceedings against the defendant, NVIDIA in front of the Munich Local Division (LD). In response, the defendant filed a conditional counterclaim for revocation of the patent in-suit, agreeing that a decision on validity would only be required if
Case by Case | Brussels Local Division rejects disclosure requests and confirms entitlement may be raised as a defence
Case by Case | Brussels Local Division rejects disclosure requests and confirms entitlement may be raised as a defence Oct 16, 2026 2:37 The Brussels LD has refused the defendants’ requests for disclosure in 2seventy bio v Johnson & Johnson and in doing so, provided important guidance on entitlement challenges and the procedural status of patent proprietors in UPC proceedings.Luke Norton explains more in this episode. Listen today.If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com.Find
Case by Case | Oxford Nanopore secures provisional measures for nanopore sequencing technology
Case by Case | Oxford Nanopore secures provisional measures for nanopore sequencing technology Oct 9, 2026 5:42 On 15 September 2026, the Munich Local Division (LD) granted Oxford Nanopore Technologies (Oxford) interim relief against MGI, in relation to two patents concerning nanopore sequencing technology and MGI’s Cyclone sequencing platform. The relief awarded extends beyond the UPC contracting member states to the United Kingdom, Ireland, Switzerland and Liechtenstein.Kate O'Sullivan dives into the
Case by Case | Court of Appeal clarifies res judicata, prior use rights and rule 171.2 challenges
Case by Case | Court of Appeal clarifies res judicata, prior use rights and rule 171.2 challenges Oct 8, 2026 6:03 Nischay Mall speaks on the Court of Appeal decision in Heraeus Electronics v Vibrantz today.The decision addresses a number of important procedural and substantive issues, including the effect of national validity judgments before the UPC, the scope of r. 362 RoP, the evidential consequences of a pleading made "on the grounds of lack of knowledge" under r. 171.2 RoP, the relationship bet
Case by Case | The Court of Appeal distinguishes jurisdiction from admissibility in pre-grant declaration of non-infringement dispute
Case by Case | The Court of Appeal distinguishes jurisdiction from admissibility in pre-grant declaration of non-infringement dispute Oct 2, 2026 3:50 Today, Olivia Henry unpacks both the first instance and appeal decisions in the Sidel v Omnia case.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.
Case by Case | Munich Local Division upholds DivX streaming patent and finds Netflix liable for indirect infringement
Case by Case | Munich Local Division upholds DivX streaming patent and finds Netflix liable for indirect infringement Oct 2, 2026 3:23 On 15 September 2026, the Munich LD upheld DivX's unitary patent relating to progressive media streaming and found that Netflix indirectly infringed through the supply of its streaming software. Netflix had sought revocation of the patent and denied infringement, arguing that the patent was anticipated or rendered obvious by various multimedia and streaming disclosures and that, properly cons
Case by Case | Abbott secures UPC-wide Preliminary Injunction over Continuous Glucose Monitoring patent
Case by Case | Abbott secures UPC-wide Preliminary Injunction over Continuous Glucose Monitoring patent Sep 25, 2026 3:03 Melissa Dix discusses a Milan Local Division (LD) decision from 7 September today.The LD granted Abbott a UPC-wide PI against the Chinese company SiSensing and four of its subsidiaries. Abbott is the main supplier of Continuous Glucose Monitoring (CGM) products for diabetes in the UPC contracting member states. The Court found it more likely than not that the defendants’ CGM product infringed Abbo
Case by Case | Munich Central Division clarifies limits of entitlement based revocation under Art. 138(1)(e) EPC
Case by Case | Munich Central Division clarifies limits of entitlement based revocation under Art. 138(1)(e) EPC Sep 24, 2026 2:57 Ewan MacAulay walks you through the Munich Central Division (CD) which was handed down in the free-standing revocation action brought by Wittenstein SE (Wittenstein) against Vestas Wind Systems (Vestas) in relation to a wind turbine gearbox patent EP 4 226 039.Check out our UPC case tracker for more updates.If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.co

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