Article 84 EPC seems clear in stating that “the claims shall define the matter for which protection is sought”. More recently, the Unified Patent Court (UPC) on the face of it appears to concur. UPC Court of Appeal decision 335/2023 states “The Patent Claim is not...
Background The multi-territory dispute between NanoString and 10x Genomics, which has been ongoing in the US and Europe for quite some time, was expanded to the Unified Patent Court soon after it opened its doors in June last year. The battle before the UPC began in...
Our recent article reporting on the UPC Paris Central Division’s decision concerning jurisdiction can be found here. UPC Proceedings Stalled Ahead of Decision of the German Courts Nokia’s attempt to revoke Mala’s European patent (EP 2 044 709) through the UPC has hit...
The main issue was whether the lis pendens rules in Articles 29–31 of the Brussels I Regulation (Regulation (EU) No 1215/2012, recast) apply to determine the relationship between the German revocation and UPC revocation proceedings. Mala argued these rules should...
The matter started when Amgen sued various Sanofi companies and Regeneron for patent infringement of their EP3666797 patent. The patent claims an antibody that binds to the catalytic domain of a PCSK9 protein and its use in treating or preventing...
When the European Union’s new Unified Patent Court (“UPC”) opened for business in June last year, its jurisdiction only extended to 17 of the 27 EU Member States. A further 7 Member States committed to joining at a later date, with Croatia, Spain, and Poland opting...
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