European patent disputes from the EPO and UPC

The Unified Patent Court (UPC) and Unitary Patent (UP) system are bringing new opportunities and challenges to patent litigation and patent filing strategies in Europe. In this monthly newsletter, we cover recent key decisions from the UPC, EPO and other European courts, keeping interested readers up-to-date on recent developments.

What would you like to hear more about? Feel free to reach out to the authors behind the series, published by partners Fritz Lahrtz (Munich) and Andrew Hutchinson (London).

2025

March edition: Key decisions at the EPO and UPC

Part 1 - Understanding Admissibility of Appeal Submissions
Part 2 - How broad does the UPC's jurisdiction extend?

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February edition: Key decisions at the EPO and UPC

Part 1 – T 295/22 - Relevance of the Decision and General Principles
Part 2 – First anti-anti-suit injunction at the UPC

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January edition: Key decisions at the EPO and UPC

Part 1 - T 178/23 - Relevance of the Decision and General Principles
Part 2 - UPC 'bifurcation' trend continues

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2024

November edition: key decisions at the EPO and UPC

Part 1 - T 0056/21 – Adapting the description
Part 2 – UPC round-up

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September edition: key decisions at the EPO and UPC

Part 1 – T 1741/22 – reinforcing the EPO’s strict standards for inventive step
Part 2 – Preliminary injunction denied for lack of imminency

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August edition: key decision at the UPC

Part 1 - T 1809/20 – TBA continues strict standards for added matter
Part 2 - Developments in access to documents at the UPC

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July edition: key decisions at the EPO and UPC

Part 1 – Abbott v Sibionics - Added Matter considered as a ground for invalidity in UPC PI proceedings
Part 2 – First substantive revocation outcome in the UPC’s Central Division

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June edition: key decisions at the EPO and UPC

Part 1 – T 1639/21 - Obviousness of a synergistic effect at the EPO
Part 2 – UPC Court of Appeal confirms strict approach to stays versus pending EPO oppositions

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May edition: key decisions at the EPO and UPC

Part 1 – T1437/21
Part 2 – EPO opponents get access to UPC documents

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April edition: key decisions at the EPO and UPC

Part 1 – T1135/22 and T1820/22 - admissibility of auxiliary requests (ARs)
Part 2 – UK preliminary injunction granted in pharma case

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March edition: key decisions at the EPO and UPC

Part 1 – T1191/19 and T0161/18 - sufficient disclosure in AI inventions
Part 2 – How the UPC manages parallel/bifurcated proceedings, plus insights into conducting trials

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February edition – key decisions at the EPO and Dutch Court

Part 1 – T 1252/20 – Compounds falling under Art. 54 (4)(5) EPC
Part 2 – Dutch Court (Hague): SPC waiver notification was compliant and PI refused

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January edition: Key decisions at the EPO and German Supreme Court

Part 1 - T 1675/20 - Suitability for medical treatment has to be shown for each element of the claim
Part 2 - German Supreme Court: Nexavar case shows a strong alignment on priority entitlement between German Court and the EPO Enlarged Board of Appeal, following decision in G1/22 and G2/22.

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2023

December edition: key decisions at the EPO and UPC

Part 1 - EPO: T 1800/20 - The Board's discretion not to admit claim requests under Art. 12(4) RPBA 2020
Part 2 - UPC: MedTech UPC litigation - Meril v Edwards - Paris Central Division rules on the admissibility of proceedings commenced by related group entities

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