You, me & the UPC
Bristows' patent litigation experts unpack key UPC decisions, explore their implications, and share practical strategies to help your business navigate the UPC with confidence.
Note: All information was correct at the time of recording.
Episodes
92 episodes
Case by Case | Düsseldorf Local Division clarifies the scope of NDAs in FRAND negotiations
Luke Norton explores the Düsseldorf Local Division decision in InterDigital v The Walt Disney from 23 July 2026, finding that Disney had infringed InterDigital’s patent EP ...
Case by Case | Court of Appeal confirms scope for reliance on dependent claims in revocation proceedings
In today's episode, Rebekka Thomas discusses the Court of Appeal decision in Fujifilm v Kodak concerning EP 3 476 616, relating to lithographic printing plate precursors...
Case by case | Hamburg Local Division restricts UPC jurisdiction over UK patent parts despite EU anchor defendants
On 8 June 2026, the Hamburg Local Division partially granted the Defendants’ preliminary objection under r.19.1(a) RoP concerning the UPC’s international jurisdiction over a US-based defendant in respect of infringement in a non-UPC member stat...
Case by Case | Court of Appeal rejects Guardant Health’s preliminary injunction application due to unreasonable delay
In a decision dated 2 July 2026, the Court of Appeal (CoA) provided guidance on the steps a patentee should take to comply with the urgency requirement in the preliminary injunction proceedings brought by Guardant Health (Guardant) against SOPH...
Case by Case | Local Division overturns ex parte injunction granted in November in relation to protective head gear
Florence Plisner discusses the Milan LD's decision to grant Cardo Systems (Cardo) ex parte Preliminary Injunction (PI) against ResoSport and Shenzhen Ziwu Chuangxin Technology ...
Case by Case | Court of Appeal provides guidance on orders for the production of evidence under R.190 RoP
On 29 June 2026, the CoA handed down a decision providing guidance on the production of evidence under R.190 RoP in Polytechnik Luft- und Feuerungstechnik v Dall Energy [
Case by Case | Court of Appeal further address third party access to document
Patrick Newlands speaks on the CoA's clarification on both the procedural route for challenging decisions on access to documents and the substantive approach to granting such a...
Case by Case | Court of Appeal Confirms Test for Removing a Patent Opt-Out
On 29 June 2026, the CoA rejected SILIMED’s application for review of the Registrar’s refusal to remove Polytech’s 30 March 2023 opt-out of EP 2 581 193 (EP 193).EP 193 was initially granted to Polytech. However, SILIMED was successful i...
Case by Case | Local Division dismisses application for provisional measures finding a lack of urgency
Check out our UPC case tracker.On 17 June 2026, the Milan Local Division (LD) dismissed Ericsson’s application for provisional measures a...
Case by Case | Court of Appeal provides key jurisdictional guidance on multi‑defendant infringement actions
Check out our UPC case tracker today.Eden Winlow explores two Court o...
Case by Case | Local Division overturns ex parte injunction granted in November in relation to protective head gear
On 5 November 2025, the Milan LD granted Cardo Systems (Cardo) ex parte Preliminary Injunction (PI) against ResoSport and Shenzhen Ziwu Chuangxin Technology (together ResoSport) in relation to infringement of a patent covering a fastening devic...
Case by Case | Paris Local Division Rules on Doctrine of Equivalents
Alex Mocanu walks you through the Paris Local Division (LD) decision in Tiru v Valinea Energie (UPC_CFI_130/2025) handed down on 29 May 2026.The decision concerned T...
Case by Case | Court of Appeal confirms Local Divisions’ discretion in value in dispute assessments
Helin Kaya walks you through a Court of Appeal (CoA) decision today. In which it issued an order dismissing Speed Care’s request for discretionary review concerning the value in dispute set by the Hamburg Local Division (LD) in proceedings conc...
Case by Case | Mannheim Local Division grants injunction against Disney in respect of InterDigital’s video streaming patent
On 16 June 2026, the Mannheim Local Division (LD), granted relief, including an injunction, against the Defendants (Disney) in respect of InterDigital’s (IDC) EP 2 465 265, a patent relating to intra chroma encoding and decoding of video data.<...
Case by case | Court of Appeal Confirms Security for Costs Obligations Apply to SMEs
On 1 June 2026, the Court of Appeal confirmed that a claimant's status as a small or medium-sized enterprise does not exempt it from the obligation to provide security for costs under r. 158 RoP, dismissing an appeal by La Siddhi Consultancy Li...
Case by Case | Court of Appeal clarifies decision by default against appellants who fail to provide security for costs
Lucy Sewter walks you through a Court of Appeal decision in this episode. The decision was issued by default against Suinno Mobile & AI Technologies Licensing Oy, di...
Case by Case | Lisbon Local Division provides guidance on revocation of expired patents and online infringement
Jonathan Ross explores a Lisbon Local Division (LD) decision today. They found that Ericsson had successfully established infringement of its Wi-Fi related patent EP 2...
Case by Case | Hamburg Local Division penalises defendants for website and marketplace offerings despite disclaimers
Maria Ryan talks you through a Hamburg Local Division (LD) decision today. The Hamburg LD ordered penalty payments of EUR 58,800 against two defendants for non‑compliance with a fina...
Case by Case | Düsseldorf Local Division grants Yangtze Confidentiality Order against itself to comply with US export controls
On 11 May 2026, the Düsseldorf LD issued an order in the ongoing proceedings between Yangtze Memory Technologies (Yangtze) and Micron Technology (Micron). Yangtze is suing Micron for infringement of EP 3 909 047, which relates to advanced semic...
Case by Case | Brussels Local Division sets costs ceiling for PI proceedings and clarifies waiver and interpretation of cost rules
On 7 May 2026, the Brussels LD issued a cost decision under r. 150 RoP arising from Preliminary Injunction (PI) proceedings (UPC_CFI_582/2024) and related appeal proceedings (UPC_CoA_317/2025 and UPC_CoA_376/2025) concerning EP 3 732 827. Barco...
Case by case | The Hague Local Division allows targeted access to samples for infringement testing
Ewan MacAulary talks you through the Hague Local Division (LD) decision on an application for an order to produce documents under r.190 RoP brought by Avient Protective Materials ...
Case by Case | Düsseldorf Local Division rejects request for preliminary injunction amid doubts over infringement and urgency
Eden Winlow explores the Düsseldorf LD decision to refuse Ottobock’s application for provisional measures concerning EP 3 001 984, finding that neither urgency nor infringement was ...
Case by Case | Munich Local Division confirms that FRAND security cannot be relied on to resist security for costs
On 23 April 2026, the Munich LD dismissed an application by Advanced Standard Communication LLC (ASC) for panel review of the Judge-Rapporteur’s Order requiring it to provide €300,000 security for costs in its infringement action against Xiaomi...
Case by Case | Court of Appeal clarifies urgency and waiver of invalidity defences in provisional measures proceedings
The Court of Appeal (CoA) has overturned the Paris LD’s refusal of provisional measures and granted a Preliminary Injunction (PI) preventing Viatris Santé from marketing its fampridine generic (which is for the improvement of walking speed in a...
Case by Case | Düsseldorf Local Division rejects expert bias challenge and upholds ex parte inspection regime
Aida Tohala walks you through an Order dated 4 May 2026, in which the Düsseldorf Local Division (LD) dismissed challenges to both the impartiality of the Court appointed experts and...
