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EIP
@EIP
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Intellectual property law firm specialising in high-value and complex patents matters with offices in Germany, Sweden, the UK and USA.
Europe and USA
Joined April 2009
The UPC grants two provisional injunctions in decisions by default. No response was received from the Chinese defendant. Service of both the applications for provisional injunctions and the orders themselves took place by publication on the UPC website, after service through Chinese judicial authorities failed. @EIP_Knowledge reports -
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A further decision from the UPC involving assessment of infringement by equivalent means finds functional equivalence lacking, and so declines to elucidate a full test. @EIP_Knowledge reports -
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The UPC confirms that having been refused an extension for filing a defence leading to a decision by default, a party cannot set aside the decision by default unless it can show justifiable reasons for missing the deadline. This case confirms again the importance of compliance with UPC deadlines, which are hard to extend. @EIP_Knowledge reports -
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The UPC has ruled that it has jurisdiction to decide infringement for the UK part of a European patent, when the defendants are based in UPC territory. @EIP_Knowledge argues that this follows a conventional understanding of the jurisdiction rules -
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The UPC Court of Appeal has controversially ruled that the UPC does have jurisdiction to determine damages after a decision from a national court on infringement. @EIP_Knowledge looks at this surprising decision -
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The Paris Local Division has revoked a further DexCom patent on the ground of lack of inventive step. As in an earlier decision by the same division and similar parties relating to a different patent, in view of the finding of invalidity, infringement was not considered. Read the report here -
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The UPC has confirmed that breach of a standstill agreement between the parties does not deprive the Court of jurisdiction, nor does it render an action inadmissible. It can only give rise to liability for breach of contract. @EIP_Knowledge reports -
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After being granted a provisional injunction, a patentee has to start an action on the merits within a specified time, or the injunction will lapse. Here, the UPC clarifies that it is only necessary to file a Statement of Claim through the CMS by the deadline; it is not necessary for the court fee to have been received by the court within the time period. @EIP_Knowledge reports -
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The UPC local division in The Hague finds a patent infringed by equivalence and suggests a test by which equivalence should be assessed at the UPC. @EIP_Knowledge reports -
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