EIP Amar

An alliance between @EIP and Amar Goussu Staub created to support clients in high-stakes litigation before the new #UnifiedPatentCourt (#UPC).

[EIP Amar @eipamar]

The Düsseldorf Local Division has granted Valeo provisional injunctions against Magna based on two patents in respect of rotary electric engines, with an interesting carve-out to safeguard the interests the defendants' customer BMW.

@EIP_Knowledge reports -https://t.co/2O8dZfZAyE

[EIP Amar @eipamar]

A Claimant has successfully sought security for costs against a Defendant in a revocation action. It was relevant that the revocation action was provoked by the assertion of the patent against the Claimant for revocation.

Isabelle Schaller reports - https://t.co/VRg4JdCRYD

[EIP Amar @eipamar]

Sodastream successfully asserted their patent against Swedish competitor Aarke, interpreting the claim in the broad manner contended for by the patentee. The court noted that if the patent distinguishes itself from the prior art in a particular way, an interpretation that negates that distinction must be avoided.

Felix Hütt reports - https://t.co/NN6odORQNz

[EIP Amar @eipamar]

The UPC revokes the patent already indicated to be invalid in provisional injunction proceedings between 10x Genomics and NanoString. The reasoning follows the prior UPC and German decisions on the patent and a related patent.

@EIP_Knowledge reports - https://t.co/2vggwWizHj

[EIP Amar @eipamar]

Philips successfully asserted a patent on wireless charging. The UPC considered the patent infringed, on the basis of a different construction of the claims from that adopted by German national courts.

David Hole reports - https://t.co/XtEFfDKrxo

[EIP Amar @eipamar]

Munich local division has permitted a patent pool administrator to intervene in infringement and invalidity proceedings at UPC.

Joanne Welch reports - https://t.co/5g7nCKxOVb

[EIP Amar @eipamar]

In the first substantive decision from the UPC local division in Lisbon, Ericsson fails to obtain a provisional injunction after failing to show the necessary urgency in seeking relief from the court.

@EIP_Knowledge reports - https://t.co/aXyXCwy8TX

[EIP Amar @eipamar]

The UPC rules that in-house patent attorneys cannot represent at the UPC, so that parties must be represented by external lawyers.

@EIP_Knowledge reports - https://t.co/PIe9N1kuts

[EIP Amar @eipamar]

The second decision by default from the UPC comes in an infringement action, where the defendant did not respond.

Felix Hütt reports - https://t.co/fxBWR3SFCz

[EIP Amar @eipamar]

The UPC has issued the first decision by default, in a revocation action where the patentee was denied a request to extend the defence deadline. The court satisfied itself that the objections to the patent were well founded - it did not just automatically revoke it for non-response.

Felix Hütt reports - https://t.co/iXSWq1h9Vq

[EIP Amar @eipamar]

The UPC Court of Appeal confirms the provisional injunction granted to Ortovox against Mammut, relating to a device for locating avalanche victims. This is the first PI to be affirmed at both instances of the UPC.

Isabelle Schaller and Annika Kohlstock report - https://t.co/DLyogp6ulD

[EIP Amar @eipamar]

Provisional injunction was granted by the UPC on an ex parte basis when the defendant in correspondence with the patentee did not contest infringement and stated that it would not attend a trade fair in Berlin, but then proceeded to in fact exhibit the challenged products at the trade fair.

Felix Hütt reports - https://t.co/DWGFtgDQG0

[EIP Amar @eipamar]

Syngenta was granted a provisional injunction by the UPC local division in Munich against Sumi Agro in relation to a herbicide. The court accepted that there was a risk of infringement in the UPC territory.

Sebastian Fuchs reports - https://t.co/BERWiXGIcv

[EIP Amar @eipamar]

The UPC has granted a provisional injunction in a case about barcode readers, even though it recognised only indirect infringement and not direct infringement of the patent. It considered that an absolute prohibition on sale of the software that constituted indirect infringement was warranted, and that sale could not continue subject to to warnings to customers not to implement in an infringing manner.

@EIP_Knowledge reports - https://t.co/nhuy7kg5MC

[EIP Amar @eipamar]

The UPC has rejected a provisional injunction over VAR technology that would potentially have disrupted Euro ’24. It considered that the case had not been brought sufficiently promptly and in any case doubted that the patent was actually infringed.

Andrew Sharples reports - https://t.co/HRklcwtTS7

[EIP Amar @eipamar]

The UPC Court of Appeal has confirmed the Mannheim local division rejecting a jurisdictional challenge. In the case of supply via the internet, it was not necessary to show that acts were directed at users within the UPC territory. Nor was it necessary to present “conclusive argumentation” for the alleged indirect patent infringement in the UPC territory.

@EIP_Knowledge reports - https://t.co/sJRi2wD17d

[EIP Amar @eipamar]

Novartis and Genentech fail to secure a provisional injunction against Celltrion in respect of omalizumab. The court considered that the defendant's product fell within the scope of the claims, but was not convinced there was an imminent threat of infringement, and so decided that an injunction was not warranted.

@EIP_Knowledge reports - https://t.co/HmbtrA4MWr