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  • Article

    UPC: Claimant Denied Leave To Amend Claim To Also Cover The Netherlands After Patent Restored

    In an order dated 28 February 2025, the Unified Patent Court (UPC) rejected Esko-Graphics' request for leave to amend its infringement claim to include the Netherlands.
    United KingdomIntellectual Property
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  • Article

    UPC Clarifies Admissibility Of Late Filed Physical Evidence

    In a recent decision by the Local Division Munich of the Unified Patent Court (UPC), the Court issued an Order addressing the submission of physical evidence in a patent dispute involving Collomix GmbH and Lidl entities.
    United KingdomIntellectual Property
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    Marks & Clerk
  • Article

    UPC Confirms Obviousness A Question Of Law, And Not Fact

    On 26 December, the Paris seat of the Central Division handed down their final decision in the revocation action brought by Advanced Bionics against MED-EL Elektromedizinische's patent EP4074373.
    United KingdomIntellectual Property
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    Marks & Clerk
  • Article

    UPC Confirms Right Of US Attorneys To Access Confidentiality Clubs

    The Court of Appeal has weighed in on a dispute between Daedalus Prime and Xiaomi Technology regarding access to confidentiality clubs in UPC proceedings...
    United KingdomIntellectual Property
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    Marks & Clerk
  • Article

    UPC Court Of Appeal Affirms Non-Discretionary Nature Of Article 64 UPCA Remedies

    In its decision of 3 October 2025, the UPC Court of Appeal clarified the application of Article 64 UPCA, which governs corrective measures such as recall, removal, and destruction of infringing products.
    United KingdomIntellectual Property
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  • Article

    UPC Court Of Appeal Confirms Requirement For "Necessity Test" In PI Proceedings

    Proceedings for provisional measures at the Court of Appeal of the Unified Patent Court have recently come to a conclusion in the case of Biolitec Holding GmbH & Co. KG...
    United KingdomIntellectual Property
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    Marks & Clerk
  • Article

    UPC First Instance Division Invites Case Relevant Comments Following CoA's Definition Of Mechanism For Assessing Inventive Step

    The interim conference of the revocation action between TCL Europe and Corning Inc. (UPC_CFI_337/2025) was held on 28 November 2025.
    United KingdomIntellectual Property
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    Marks & Clerk
  • Article

    UPC: Genentech And Roche Gather Evidence From Organon In Allegation Of Infringement Of Breast Cancer Drug Patent

    On 6 May 2025, Genentech and Roche petitioned the Brussels Local Division for ex-parte orders for inspection and the preservation of evidence against two pharmaceutical manufacturing...
    United KingdomIntellectual Property
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    Marks & Clerk
  • Article

    UPC Local Division Clarifies The Scope Of Counterclaims For Revocation

    The Hamburg Local Division clarified that the counterclaim for revocation may attack the validity of claims not asserted against the defendant, in a decision on the merits issued...
    United KingdomIntellectual Property
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    Marks & Clerk
  • Article

    UPC: Local Divisions Disagree On Approach To Security For Costs

    Two separate requests for the provisions of security for costs from a claimant domiciled in China has highlighted differing approaches of two UPC local divisions.
    United KingdomIntellectual Property
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    Marks & Clerk
  • Article

    UPC Long Arm Jurisdiction: UK Proceedings Separated From Remaining Proceedings Following Key ECJ Ruling

    As previously reported here, the UPC has, at first instance at least, confirmed a long held belief (often referred to as the UPC long arm jurisdiction) that UPC decisions can also have effect in non-UPC member states.
    United KingdomIntellectual Property
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  • Article

    UPC: "More Likely Than Not" Standard Used In Preliminary Finding On Equivalent Infringement

    When considering if provisional measures are to be granted, the UPC considers, inter alia, if the patent in question is more like than not to be valid and is more like than not to be infringed.
    United KingdomIntellectual Property
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    Marks & Clerk
  • Article

    UPC: No Need To Separate Multi-Defendant Proceedings To Protect Sensitive Information

    In a recent procedural order issued by the Mannheim Local Division of the UPC (UPC_CFI_819/2024), the Court rejected an application made by three co-defendants requesting a separation of proceedings into three distinct strands of litigation...
    United KingdomIntellectual Property
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    Marks & Clerk
  • Article

    UPC Reaffirms Principles For Urgency In Actions For Interim Measures

    In two recent decisions on interim measures, in disputes between Occlutech and Lepu before the Dusseldorf and Hamburg local divisions, defendants Lepu challenged the urgency with which Occlutech had brought their actions...
    United KingdomIntellectual Property
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    Marks & Clerk
  • Article

    UPC Rejects NVIDIA's Request To Change Language Of Proceedings, Citing Fair Access To Justice For SMEs

    In an Order dated 16 January 2025, the Unified Patent Court (UPC) rejected NVIDIA's request to change the language of proceedings from German to English...
    United KingdomIntellectual Property
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    Marks & Clerk
  • Article

    UPC Rules On Excessive Number Of Auxiliary Requests

    In a recent decision (UPC_CFI_526/2024), the Unified Patent Court's Central Division in Munich addressed the issue of excessive auxiliary requests in patent revocation proceedings.
    United KingdomIntellectual Property
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    Marks & Clerk
  • Article

    UPC: Unified Patent Court Trade Fair Inspection Strikes Twice

    Closely shadowing earlier events, on 22 September 2025 an order was issued by the Düsseldorf Local Division of the Unified Patent Court (UPC) permitting OTEC Präzisionsfinish GmbH (OTEC)...
    United KingdomIntellectual Property
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    Marks & Clerk
  • Article

    AI-assisted Lung Cancer Diagnosis To Be Rolled Out Across NHS By 2029

    The Royal Surrey NHS Foundation Trust has begun deploying artificial intelligence tools to analyse chest X-ray results for lung cancer diagnoses, with the UK government committing to roll out these AI-powered systems across all NHS trusts in England by 2029. The technology acts as a "second pair of eyes" for radiologists, prioritising X-rays showing potential danger signs for expedited human review.
    United KingdomTechnology
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  • Article

    Critical Thinking Leads To New Critical Technologies Supercluster

    Scotland's new Critical Technologies Supercluster, a collaboration among Technology Scotland, the Scottish Government, key universities, and Scottish Enterprise, aims to accelerate economic growth by leveraging strengths in photonics, quantum, semiconductors, connectivity, and sensing, targeting a £10bn industry impact.
    United KingdomTechnology
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  • Article

    What Recommendations Have Been Made Since The O'Neill Report?

    Since the publication of Jim O'Neill's 2016 report on AMR, several recommendations have seen partial implementation, while others still require attention...
    WorldwideReal Estate and Construction
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