You, me & the UPC
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 (CoA) grants NVIDIA reinstatement following earlier CoA clarification on conditional revocation appeals
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
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
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
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
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
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
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
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
Case by Case | Court of Appeal clarifies the scope and limits of Art. 60 UPCA in evidence preservation measures
Cassie Blackburn discusses a Court of Appeal (CoA) decision from 3 September in this episode.The CoA issued its decision in WEPA Nederland B.V. v Essity Hygiene concerning an application for evidence preservation and inspection measures.WEPA Nederland B.V. (WEPA) brought a revocation action in the Paris seat of the CD relating to Essity Hygiene (Essity)’s patent, EP 3 289 139, which protects tissu
Case by Case | The Düsseldorf Local Division clarifies the role of evidence preservation in establishing infringement
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 in
Case by Case | The Düsseldorf Local Chamber Clarifies “Double-Flat” Claims and Confirms Intermediary Liability for EU Authorised Representatives.
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 propri
Case by Case | Court of Appeal dismisses added matter and inventive step attacks, upholding Abbott’s glucose monitoring patent
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, pleas
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
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
Case by Case | Court of Appeal confirms retroactive effect of overturned UPC judgments, having no legal effect for enforcement purposes
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
Case by Case | Paris Local Division Refuses Stay UPC proceedings despite parallel National Revocation action
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 natio
Case by Case | Court of Appeal clarifies the method for calculating Court fees in appeals in accordance with R. 220.1(a) RoP
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
Case by Case | Court of Appeal upholds injunction finding provisional measures necessary to prevent competitive harm
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 tra
Case by Case | Düsseldorf Local Division clarifies the scope of NDAs in FRAND negotiations
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 he
Case by Case | Court of Appeal confirms scope for reliance on dependent claims in revocation proceedings
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 depende
Case by case | Hamburg Local Division restricts UPC jurisdiction over UK patent parts despite EU anchor defendants
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 upcp
Case by Case | Court of Appeal rejects Guardant Health’s preliminary injunction application due to unreasonable delay
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 fe
Case by Case | Local Division overturns ex parte injunction granted in November in relation to protective head gear
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 fee
Case by Case | Court of Appeal provides guidance on orders for the production of evidence under R.190 RoP
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.
Case by Case | Court of Appeal further address third party access to document
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 de
Case by Case | Court of Appeal Confirms Test for Removing a Patent Opt-Out
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
Case by Case | Local Division dismisses application for provisional measures finding a lack of urgency
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 upcp
Case by Case | Court of Appeal provides key jurisdictional guidance on multi‑defendant infringement actions
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 clarif
Case by Case | Local Division overturns ex parte injunction granted in November in relation to protective head gear
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 feed
Case by Case | Paris Local Division Rules on Doctrine of Equivalents
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, Fr
Case by Case | Court of Appeal confirms Local Divisions’ discretion in value in dispute assessments
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
Case by Case | Mannheim Local Division grants injunction against Disney in respect of InterDigital’s video streaming patent
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@bristow
Case by case | Court of Appeal Confirms Security for Costs Obligations Apply to SMEs
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 de
Case by Case | Court of Appeal clarifies decision by default against appellants who fail to provide security for costs
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 feedba
Case by Case | Lisbon Local Division provides guidance on revocation of expired patents and online infringement
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 revo
Case by Case | Hamburg Local Division penalises defendants for website and marketplace offerings despite disclaimers
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
Case by Case | Düsseldorf Local Division grants Yangtze Confidentiality Order against itself to comply with US export controls
On 11 May 2026, the Düsseldorf LD issued an order in the ongoing proceedings between Yangtze Memory Technologies (Yangtze) and Micron Technology (Micron). Yangtze is suing Micron for infringement of EP 3 909 047, which relates to advanced semiconductor memory technology.Ewan MacAulay explores the case in detail. Listen now!Interested in learning more about UPC cases. Check out our UPC case tracker
Case by Case | Brussels Local Division sets costs ceiling for PI proceedings and clarifies waiver and interpretation of cost rules
On 7 May 2026, the Brussels LD issued a cost decision under r. 150 RoP arising from Preliminary Injunction (PI) proceedings (UPC_CFI_582/2024) and related appeal proceedings (UPC_CoA_317/2025 and UPC_CoA_376/2025) concerning EP 3 732 827. Barco’s PI requests had been dismissed at both instances for lack of urgency.Lucy Sewter dives into the details of this decision in today's episode. Interes
Case by case | The Hague Local Division allows targeted access to samples for infringement testing
Ewan MacAulary talks you through the Hague Local Division (LD) decision on an application for an order to produce documents under r.190 RoP brought by Avient Protective Materials (Avient) in its ongoing proceedings against the Xingi Group (Xingi). The proceedings relate to EP 2 791 402, which protects certain forms of polyethylene yarn and products comprising it, such as bulletproof panels, helmet
Case by Case | Düsseldorf Local Division rejects request for preliminary injunction amid doubts over infringement and urgency
Eden Winlow explores the Düsseldorf LD decision to refuse Ottobock’s application for provisional measures concerning EP 3 001 984, finding that neither urgency nor infringement was established with the requisite degree of certainty. The application, filed in December 2025, was dismissed in its entirety, with costs awarded against the applicant.If you have any feedback, questions, or comments, plea
Case by Case | Munich Local Division confirms that FRAND security cannot be relied on to resist security for costs
On 23 April 2026, the Munich LD dismissed an application by Advanced Standard Communication LLC (ASC) for panel review of the Judge-Rapporteur’s Order requiring it to provide €300,000 security for costs in its infringement action against Xiaomi concerning an SEP.Nischay Mall explores this case in today's episode. Check it out.If you have any feedback, questions, or comments, please email us a
Case by Case | Court of Appeal clarifies urgency and waiver of invalidity defences in provisional measures proceedings
The Court of Appeal (CoA) has overturned the Paris LD’s refusal of provisional measures and granted a Preliminary Injunction (PI) preventing Viatris Santé from marketing its fampridine generic (which is for the improvement of walking speed in adult patients with MS) in France until expiry of Merz’s SPC in July 2026.Listen to Aida Tohala's review of this decision in this episode of You, Me and
Case by Case | Düsseldorf Local Division rejects expert bias challenge and upholds ex parte inspection regime
Aida Tohala walks you through an Order dated 4 May 2026, in which the Düsseldorf Local Division (LD) dismissed challenges to both the impartiality of the Court appointed experts and to the underlying ex parte inspection and evidence preservation order concerning Topsoe A/S’s patent EP 3 802 413 relating to a plant for producing hydrogen.If you have any feedback, questions, or comments, please emai
Case by Case | The Hague Local Division dismisses Stratasys Preliminary Injunction application following narrow claim construction on purge towers
Rebekka Thomas looks at the Hague LD's order in respect of an application for provisional measures by Stratasys against BambuLab. The dispute concerned BambuLab’s 3D printer (referred to as H2C), which was launched at a trade fair in Frankfurt in November 2025. Find out more about Bristows UPC expertise here.If you have any feedback, questions, or comments, please email us at upcpodcast@brist
Case by Case | Mannheim Local Division grants Nokia ex parte anti-suit injunction in relation to Chinese interim licence application
The UPC continues to provide anti-suit relief in FRAND actions where it considers its jurisdiction may be compromised by the grant of interim licence applications in other Courts. In the UPC, Nokia is pursuing SEP infringement actions against Chinese car manufacturer, Geely. In response Geely initiated rate-setting proceedings in a parallel action before the Hangzhou Court in China and applied for
Case by Case | Court of Appeal reaffirms approach to Security for Costs
On 7 April 2026, the CoA reaffirmed that a request for Security of Costs (SoC) may be made against an appellant, regardless of the party’s status as a claimant/defendant in first instance proceedings.Hannah Rigby provides a compressive overview of this decision in today's episode.If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com.Find all the episodes
Case by Case | The Milan Central Division clarifies holistic novelty assessment and the limits of auxiliary requests
Jonathan Ross analyses the Milan Central Division's (CD) decision to revoke Flexicare (Group) Limited’s unitary patent EP 4 185 356 following a revocation action brought by Fisher & Paykel Healthcare Limited. 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 LinkedIn.
Case by Case | Paris Local Division revokes Michelin patent following novelty challenge based on single prior art document
Fariha Chowdhury is back with another UPC case update. Today, she looks at the Paris LD's decision to revoke Compagnie Générale des Etablissements Michelin’s European patent EP 2 323 858 B1 (EP 858) in its entirety and dismissed Michelin’s infringement action against three Goodyear group companies. Listen today, and don't forget to subscribe!If you have any feedback, questions, or commen
Case by Case | Court of Appeal clarifies limits of cross appeals under r.220.1 while granting preliminary injunction in Abbott v Sinocare
Abbott Diabetes Care Inc. (Abbott) brought proceedings against Sinocare Inc. and A. Menarini Diagnostics s.r.l. (together the Respondents) alleging infringement of EP 3 988 471, which concerns a continuous glucose monitoring system displaying real‑time glucose data together with event information.Fariha Chowdhury explores the case in detail in this episode. Don't forget to subscribe so you do
Case by Case | GC Aesthetics succeed in r.190 application for implant samples and key technical and regulatory files
On 14 April 2026, the Brussels Local Division (LD) handed down an order under r.190 RoP requiring Establishment Labs S.A (LABS) to produce a range of evidence, including soft tissue implant samples and various technical and regulatory documents, within 21 days, following a successful application made by GC Aesthetics.In our 50th episode, Cassie Blackburn dives into the details of the decision. Lis
Case by Case | Milan Central Division conclude proceedings following EPO revocation
Claire Wilson takes a look at the Milan Central Division's decision to dismiss ongoing revocation proceedings between Neurocrine Biosciences and Spruce Biosciences as devoid of purpose under r. 360 RoP. 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 reaffirms strict duty of candour in ex parte evidence orders
Chloe Dickson looks at the Court of Appeal decision to uphold the revocation of an order obtained ex parte by Ecovacs against Roborock for inspection of robot vacuum cleaners at a trade fair.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 | Private Transcripts of Oral Hearings Permissible Under r. 115 RoP
Lucy Sewter explores how the CoA overturned a decision of the Mannheim Local Division (LD) that had refused Amazon permission to produce a private transcript of an oral hearing in proceedings UPC_CFI_936/2025 between Amazon and InterDigital.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 Linked
Case by Case | Court of Appeal overturns Paris Local Division’s extension of UPC jurisdiction for foreign infringement allegations
On 13 March 2026, the Court of Appeal (CoA) has set aside the Paris Local Division’s (LD’s) decision (dated 27 November 2025) that had dismissed the preliminary objections and accepted jurisdiction over alleged infringements occurring in several non-UPC states between Keeex and several US and Irish based defendants.Lucy Sewter explores the case in detail. Listen now.If you have any feedback, quest
Case by Case | Court of Appeal confirms that unprotected disclosures cannot later be made confidential and clarifies strict limits on confidentiality under r. 262 and 262A RoP
Chloe Dickson talks you through a decision concerning EOFlow’s request for an order that certain information on the extent to which it had committed acts of infringement of Insulet’s patent be designated as confidential and withheld from public inspection.If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com.Find all the episodes as we release them here. Foll
Case by Case | Düsseldorf Local Division reinforces strict Huawei v ZTE sequencing in Dolby’s Opus SEP win
Patrick Newlands looks at how the Düsseldorf Local Division’s (LD) application of the Huawei v ZTE factors has clarified how that LD of the UPC intends to approach the framework.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 rejects limits to patent attorneys and experts in confidentiality club
On 24 February 2026, in UERAN v Xiaomi, the Munich Local Division (LD) corrected an unopposed clerical omission in its January confidentiality order by adding several missing paragraphs of the Statement of Defence. Listen to Eden Winlow in today's episode, who unpicks the decision.If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com.Find all the episode
Case by Case | Court of Appeal refers questions to the CJEU to clarify the scope of long-arm jurisdiction
Eden Winlow covers the Court of Appeal's (CoA) first ever referral to the CJEU.In which the CoA has sought clarity on the application of long-arm jurisdiction in situations involving non-EU defendants alleged to have infringed patents using the services of an EU-based intermediary, such as an authorised representative.If you have any feedback, questions, or comments, please email us at upcpod
Case by Case | Court of Appeal reaffirms requests for public access documents under r. 262.1(b) RoP
On 24 February 2026, the CoA issued two decisions that reinforce the need for precise requests from third parties for public access under r. 62.1(b) RoP. Eden Winlow explores both decisions in this episode. Listen today and don't forget to subscribe!If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com.Find all the episodes as we release them here. Follo
Case by Case | Munich Central Division confirms patent validity in display glass composition dispute
On 24 February 2026, the Munich Central Division dismissed TCL’s revocation action against Corning’s patent concerning methods for producing alkali free glass for display substrates. These glass sheets are used in Active Matrix Liquid Crystal Display (AMLCD) applications.Rachael Cartwright dives into the detail in this episode. Listen now!If you have any feedback, questions, or comments, please em
Case by Case | UK High Court and UPC Mannheim Local Division issue divergent rulings in Amazon–InterDigital FRAND Dispute
Sam Harvey takes a look at two decisions issued by the UK Court and the UPC’s Mannheim LD in the ongoing multi-jurisdictional dispute between Amazon and InterDigital over the terms of a RAND licence to InterDigital’s SEP video codec portfolio.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 Link
Case by Case | Court of Appeal rules on both validity and infringement without remitting the case to the Local Division
Fariha Chowdhury looks at the Court of Appeals decision in Rematec GmbH & Co. KG v Europe Forestry B.V., reinstating European patent EP 2 548 648 and overturning the Mannheim LD’s earlier revocation.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 refuses to stay revocation appeal pending EPO Opposition
Labrador initiated proceedings on 12 June 2024 by filing an infringement action against certain bioMérieux entities before the Düsseldorf LD. In response, bioMérieux UK filed a revocation action before the Milan Central Division (CD) on 30 August 2024, while other entities lodged a counterclaim for revocation within the Düsseldorf infringement proceedings.Listen to Fariha Chowdhury detailed analys
Case by Case | Court of Appeal confirms no unitary effect without full participating state designation
On 9 February 2026, the Court of Appeal (CoA) dismissed an appeal from Papst Licensing GmBH & Co. KG (Papst) against a decision of the European Patent Office (EPO) rejecting Papst’s application for unitary effect. Olivia Henry explains more 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.
Case by Case | Paris Central Division finds subsidiary is not the “same party” as its parent company and can start separate proceedings
Milly Wickson takes a look at the decision in which the Paris CD held that ALD France S.A.S. is entitled to bring revocation proceedings against Nanoval’s patent EP 3 083 107 B1, notwithstanding the parallel infringement and revocation actions involving ALD’s German parent company and Nanoval before the Munich LD. Listen now!If you have any feedback, questions, or comments, please email us at upc
Case by Case | Court of Appeal upholds revoking of Saisie Order and Clarifies Limits on Amended Requests Under r. 222.2 RoP
The Court of Appeal (CoA) recently dismissed Centripetal’s appeal against the Mannheim LD’s decision (following a request for review) to revoke an earlier saisie order, on the basis that Centripetal’s request was inadmissible. Listen to Maria Ryan in today's episode for more details on the decision.If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com.Fi
Case by Case | Paris Local Division Orders Henkel to Disclose Technical Data Sheets in Bostik Infringement Action
On 4 February 2026, the Paris LD granted Bostik’s request that Henkel (the alleged infringer) produce evidence under Art. 59 UCPA and r. 190 RoP. The request was for current data sheets for certain of Henkel’s Loctite Liofol branded flexible laminate packaging products.Jonathan Ross explains more in this episode.If you have any feedback, questions, or comments, please email us at upcpodcast@bristo
Case by case | Court of Appeal clarifies requirements for confidentiality
Luke Norton explores the Court of Appeals decision, handed down on 29 January 2026, addressing confidentiality and r. 262A RoP in the dispute between EOFlow and Insulet. Listen now and don't forget to subscribe!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 | Hague Local Division grants Abbott Preliminary Injunctions, extending long arm jurisdiction to non-EU countries.
On 6 February 2026, The Hague Local Division (LD) granted Abbott provisional injunctions in relation to two of its Continuous Glucose Monitoring (CGM) patents, EP 3 960 072 (the insertion device patent) (EP 072) and EP 2 720 610 (the stacked sensor patent) (EP 610).Maria Ryan dives into the details of this case in this episode. Check it out today.If you have any feedback, questions, or comments, p
Case by case | Munich LD orders security for costs against Taiwanese claimant in ASUS v OPPO
On 12 December 2025, the Munich LD ordered ASUS Technology Licensing Inc. (ASUS) to provide security for costs in the amount of EUR 200,000 following an application by the defendants, including Guangdong OPPO Mobile Telecommunications Corp. Ltd (OPPO), under r. 158.1 RoP. Nischay Mall dives into the detail of this decision. Listen today!If you have any feedback, questions, or comments, please emai
Case by case | Düsseldorf Local Division dismisses Ona Patents SL’s infringement action against Google
Rebekka Thomas talks you through the Düsseldorf Local Division's (LD) decision dismissing Ona Patents SL’s (Ona) infringement action against Google Ireland Limited and Google Commerce Limited (together, Google) while simultaneously upholding the patent’s validity by dismissing Google’s counterclaim for revocation.If you have any feedback, questions, or comments, please email us at upcpodcast@
Case by case | Munich LD grants Reestablishment over ambiguous R. 151 Obligation
On 13 January 2026, the Munich LD granted Heraeus Reestablishment of Rights (RoR) after it missed the r. 151 deadline to apply for a cost decision, determining that the failure resulted from an excusable legal misjudgment in an unclear area of procedural law.Lucy Sewter explains more in this episode of Case by case.If you have any feedback, questions, or comments, please email us at upcpodcast@bri
Case by case | Paris Local Division declines jurisdiction to rule on infringement of the Swiss national patent
Milly Wickson explores a decision handed down on 16 January 2026, where the LD upheld IMC Creations’ (IMC) patent as valid in amended form and infringed by Mul-T-Lock’s MVP1000 padlock in the UPC territory, but not in Switzerland.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 | Paris Central Division rejects inadmissible Auxiliary Requests in Microsoft v Suinno.
In the dispute between Microsoft Corporation and Suinno Mobile & AI Technologies Licensing Oy, the admissibility and handling of auxiliary requests to amend the patent became the central issue after the patent as granted was found invalid for added subject-matter.In this episode, Matthew Raynor provides insight into the case.Discover more about our UPC expertise here.If you have any feedback,
Case by case | Medical Devices must align with Professional Standards to Constitute Patent Infringement.
On 13 January 2026, the Munich LD dismissed Emboline's infringement action against AorticLab with respect to its embolic protection medical device. Kate O'Sullivan explores the decision in this episode.Discover more about our UPC expertise here.If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com.Find all the episodes as we release them here. Follo
Case by case | Local Division maintains Anti-Interim Licence Injunction and clarifies that final RAND relief in the UK could be in breach of the injunction. The Court of Appeal declines to suspend its effect.
By its order dated 22 December 2025 the Mannheim Local Division (LD) continued the Anti-Interim Licence Injunction (AILI) in the InterDigital v Amazon proceedings. Nadine Bleach explains all in this episode.Discover more about our UPC expertise here.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
Case by case | Court of Appeal gives guidance on language changes on the grounds of "fairness".
Luke Norton guides you through UERAN v Xiaomi and the request to change the language of proceedings to the language of the patent in suit (English) on grounds of fairness under Art. 49(5) UPCA.Discover more about our UPC expertise here.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 rejects Vivo’s request to stay first instance proceedings pending a preliminary objection decision.
Patrick Newlands walks you through the Court of Appeal's decision to reject an application to stay proceedings under r. 21.2 RoP, specifically relating to staying deadlines.Discover more about our UPC expertise here.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 | Alignment on the test for inventive step from the Court of Appeal.
Kate O’Sullivan explores the Court of Appeal's decision in the Meril v Edwards Lifesciences appeal concerning Edwards’ patent to prosthetic heart valves.Interested in Bristows UPC expertise and insights? Click here to discover more.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 | The Hague Local Division dismisses infringement claim against Molecular Instruments’ HCR Products
On 18 November 2025, The Hague Local Division (LD) held that two European patents owned by Advanced Cell Diagnostics, Inc. (ACD) were valid but not infringed by the defendant, Molecular Instruments, Inc. ACD’s patents. Maria Ryan goes into the details of this decision in this episode. Listen now!If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com.Find all t
Case by case | Munich Local Division Refuses Preliminary Injunction Due to Considerable Doubts about Validity
On 17 October 2025, the Munich Local Division (LD) dismissed Onward Medical N.V.’s application for a Preliminary Injunction (PI) against Niche Biomedical Inc. (trading as ANEUVO). Fariha Chowdhury explains all 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.
