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Two years on from its launch, how has the UPC impacted European patent litigation in the life sciences sector?

The UPC has been reshaping European patent litigation since its launch in June 2023. More than 480 patents have now been litigated in the court, and the number of actions is steadily increasing. Initially, major...more

The UPC’s Approach To Inventive Step

The UPC Court of Appeal has now provided clear guidance on how the UPC should determine whether a patent involves an inventive step. This endorses the “holistic” approach, establishing what the invention contributes to the...more

UPC penalty payments are only payable if court has previously ordered forfeiture of sum for non-compliance

The UPC Court of Appeal (CA) has clarified the framework for penalty payments in enforcement proceedings. Penalty payments in the UPC must be based on a prior penalty order from the court, specifically reinforced with the...more

The Unified Patent Court Grants “Long-Arm” Injunction Covering the UK

The Unified Patent Court (UPC) has given an important ruling confirming its “long-arm jurisdiction”, with important consequences for the UK. The Mannheim Local Division (LD) confirmed in Fujifilm v. Kodak that it could hear...more

UPC Court of Appeal Clarifies Rules on Directors’ Liability for Patent Infringement

The UPC Court of Appeal (the CoA) has issued a significant judgment in Koninklijke Philips v. Belkin clarifying the scope of directors’ liability. The court also confirmed the availability of corrective measures such as...more

The Hague District Court Grants Injunction Against Glenmark for G-Standaard Listing of Eltrombopag 14 Days Prior to SPC Expiry...

This case concerns infringement by Glenmark on Novartis’ SPC 300451 for eltrombopag (marketed as Revolade®). Novartis sought urgent relief after Glenmark included its generic "Eltrombopag Glenmark" product in the Dutch...more

Life Sciences and Healthcare Insights

Welcome to our inaugural Life sciences and healthcare insights report, where our global team share their insights on the most important commercial, legal, and regulatory issues facing life sciences and healthcare companies...more

Historic UPC Court of Appeal Decision Changes the Landscape for European Generics

In a landmark ruling the UPC Court of Appeal has for the first time in the pharmaceutical sector granted a provisional injunction for imminent patent infringement, clarifying that completing administrative procedures for...more

The UPC’s interpretation of inventive step: does it follow the problem-solution approach?

UPC case law on the assessment of inventive step is still evolving. Most local division (LD) decisions have indicated a slightly diverging practice from the EPO’s problem-solution approach. However, more recently, others have...more

How to commence main proceedings before the UPC: deadlines and court fees

Patent holders must start Unified Patent Court (UPC) proceedings on the merits within a certain period if they do not want to risk the revocation of provisional measures. The UPC has now clarified that filing the statement of...more

Indirect patent infringement before the UPC: limits that manufacturers must observe in advertising and product instructions

Ortovox Sportartikel GmbH v. Mammut Sports Group AG/GmbH (UPC_CFI_16/2024), Düsseldorf Local Division (January 14, 2025) ORD_63219/2024. Anyone developing or marketing an innovative product will want to ensure that they do...more

The Unified Patent Court asserts its jurisdiction to determine damages following national court infringement ruling

In a landmark decision Fives ECL, SAS v. REEL GmbH on January 16, 2025, the Court of Appeal (CoA) of the Unified Patent Court (UPC) clarified the jurisdictional boundaries of the UPC. This decision has far-reaching...more

Dutch District Court rules on the plausibility standard on the merits (apixaban)

In this note, we will discuss the latest decisions on the merits from the Dutch patent court on the matter of plausibility and inventive step. These were handed down in two cases (BMS v Sandoz and BMS v Teva) on 30 October...more

The UPC Court of Appeal in action: Insights from the first hearing before the UPC Court of Appeal

Today marked a ‘historic moment’ for the UPC, as Klaus Gabrinsky, the President of the UPC Court of Appeal, noted in his opening remarks: the first UPC Court of Appeal hearing, on 18 December 2023 in Luxembourg. The case...more

UPC Court of First Instance changes procedural language from Dutch to English to ensure fair proceedings

On 18 October 2023, the President of the Court of First Instance of the UPC issued an order changing the procedural language from Dutch to English (the language of the patent at issue). The Court weighed the interests of...more

[Webinar] Life Sciences Series | Generics Market Entry in the EU: Key Considerations for Innovators - January 25th, 11:30 am EST

In this episode of our Exclusively Life Sciences webinar series, our experts from our EU team will share best practices for innovators to protect their competitive advantage when generics enter the market....more

UPC – Adoption of the final Rules of Procedure

In our latest blogpost of 20 January 2022, we discussed the kick-off to the preparatory phase for the actual start of the Unified Patent Court (UPC). We are now one step closer to the actual start: on 8 July, the...more

Breaking: Global COVID-19 IPR waiver approved

Last Friday 17 June 2022, the WTO member states came to an agreement on the long negotiated TRIPS Waiver. In its annual 6 days conference (the Ministerial Conference), the WTO member states agreed that all developing country...more

Potential compromise on COVID-19 IPR waiver: deadlock resolved?

Last month, a leaked document regarding the TRIPS Waiver revealed a breakthrough between the EU, South Africa, India and the United States. After 18 months of negotiations, the four parties now have reached a high-level...more

Netherlands: One of the first major privacy class actions dismissed by Court of Amsterdam

The entire privacy community waited anxiously for the outcome of the EUR 11 billion class action claim, launched in the summer of 2020 by The Privacy Collective (TPC) against several Oracle and Salesforce entities at the...more

Global COVID-19 IPR waiver negotiations

On 2 October 2020, South Africa and India submitted a proposal to the WTO to temporarily suspend certain provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). In short, the...more

The Digital Services Act package is here

On 15 December 2020, the European Commission published its Digital Services Act package which proposes two pieces of legislation: the Digital Services Act and the Digital Markets Act. This package will profoundly change the...more

European Medicines Agency heads for Amsterdam

Today the 27 member states of the European Union have decided on Amsterdam as the new home of the European Medicines Agency. The decision came after three rounds of voting, with Amsterdam eventually emerging the winner after...more

Final changes to EUTM Regulation in force from 1 October 2017: No requirement for graphical representation and EU Certification...

Further changes to the EU Trade Mark (“EUTM”) system come into effect on 1 October 2017. These are the next step in the EU’s trade mark reforms, which are aimed at modernising the system to make it technologically up-to-date...more

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