The Unified Patent Court has refused to grant 10x Genomics a second preliminary injunction against rival NanoString, as it was not convinced of the infringement of 10x’s patent. The case concerned European Patent 2 794 928 B1 (EP 928 patent). In a reaction to the decision, 10x Genomics pointed out: ‘the injunctions granted by the…

The start of the Unified Patent Court is a very special time for patent enthusiasts in Europe. Johanna Flythström, a Helsinki-based partner of law firm Roschier has said this in a podcast interview on the occasion of the launch of the new UPC Case Law Tracker from Wolters Kluwer. “There was a lot of anticipation building…

The Helsinki division of the Unified Patent Court rejected an injunction request by AIM Sport against Supponor, because the reversal of the opt-out of the patent in dispute was deemed in contradiction with the UPCA. Article 83 (4) of the Unified Patent Court Agreement reads: ‘Unless an action has already been brought before a national…

UPDATE: The Unified Patent Court granted US biotech company 10x Genomics a preliminary injunction against rival NanoString. It was the UPC’s first PI in a case were an oral hearing was held with both parties. NanoString has announced it will appeal the order in the UPC Court of Appeal in Luxembourg. Earlier, an ex parte PI…

The level of transparency at the Unified Patent Court is far below what would normally be considered acceptable in civil court proceedings in most of the EU member states, says UK, Dutch and European patent attorney Joeri Beetz of law firm Keltie. He decided to build a UPC search site himself. Kluwer IP Law interviewed…

The first two substantive public hearings of the Unified Patent Court will be held next month at the local division in Munich about applications for provisional measures. The hearings, on 5 (and if necessary 6) September and 19 September 2023, concern applications for preliminary injunctions in infringement cases brought by 10x Genomics against Nanostring Technologies….

The Administrative Committee of the Unified Patent Court (UPC) has unanimously decided to establish a section of the UPC’s Central Division in Milan, as a replacement for London. As the UPC reported: ‘Based on article 87(2) of the Unified Patent Court Agreement the Committee took a decision to amend the Agreement with a view to…

Three technically qualified judges (TQJ) have resigned prior to the start of operations of the Unified Patent Court. According to a UPC announcement, Roman Maksymiw (DE), Grégoire Desrousseaux (FR) en Kirsikka Etuaho (FI) handed in their resignations received prior to 31 May 2023. The reason is not mentioned, but it is likely it is the…

Italy, France and Germany have agreed on and proposed a division of the competences that were originally designated to London, between the three seats of the UPC central division in Milan, Paris and Munich. Milan could start taking cases around July next year. According to the proposal of the three member states, Milan will be…