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
107 episodes
Case by Case | Oxford Nanopore secures provisional measures for nanopore sequencing technology
On 15 September 2026, the Munich Local Division (LD) granted Oxford Nanopore Technologies (Oxford) interim relief against MGI, in relation to two patents concerning nanopore sequencing technology and MGI’s Cyclone sequencing platform. The relie...
Case by Case | Court of Appeal clarifies res judicata, prior use rights and rule 171.2 challenges
Nischay Mall speaks on the Court of Appeal decision in Heraeus Electronics v Vibrantz today.The decision addresses a number of important procedural and substantive issues, i...
Case by Case | The Court of Appeal distinguishes jurisdiction from admissibility in pre-grant declaration of non-infringement dispute
Today, Olivia Henry unpacks both the first instance and appeal decisions in the Sidel v Omnia case.
Case by Case | Munich Local Division upholds DivX streaming patent and finds Netflix liable for indirect infringement
On 15 September 2026, the Munich LD upheld DivX's unitary patent relating to progressive media streaming and found that Netflix indirectly infringed through the supply of its streaming software. Netflix had sought revocation of the patent and d...
Case by Case | Abbott secures UPC-wide Preliminary Injunction over Continuous Glucose Monitoring patent
Melissa Dix discusses a Milan Local Division (LD) decision from 7 September today.The LD granted Abbott a UPC-wide PI against the Chinese company SiSensing and four of its su...
Case by Case | Munich Central Division clarifies limits of entitlement based revocation under Art. 138(1)(e) EPC
Ewan MacAulay walks you through the Munich Central Division (CD) which was handed down in the free-standing revocation action brought by Wittenstein SE (Wittenstein) against Vesta...
Case by Case | Court of Appeal clarifies the scope and limits of Art. 60 UPCA in evidence preservation measures
Cassie Blackburn discusses a Court of Appeal (CoA) decision from 3 September in this episode.The CoA issued its decision in WEPA Nederland B.V. v Essity Hygiene...
Case by Case | The Düsseldorf Local Division clarifies the role of evidence preservation in establishing infringement
Listen to Cassie Blackburn's analysis of the Düsseldorf Local Division (LD) decision in fiskaly GmbH v SwissBit AG and Swissbit Germany AG, also concerning an applicat...
Case by Case | The Düsseldorf Local Chamber Clarifies “Double-Flat” Claims and Confirms Intermediary Liability for EU Authorised Representatives.
Rachael Cartwright explores a decision that will be of particular interest to medical device manufacturers and their regulatory representatives.The Düsseldorf Local C...
Case by Case | Court of Appeal dismisses added matter and inventive step attacks, upholding Abbott’s glucose monitoring patent
Florence Plisner unpacks a Court of Appeal (CoA) decision. The CoA dismissed Sibio’s appeal against the Paris Central Division’s decision upholding Abbott’s patent ...
Case by Case | The Hamburg Local Division provides further guidance on the relationship between patent pool and bilateral licensing, implementer willingness, and the scope of the FRAND defence
Patrick Newlands talks about a Hamburg Local Decision (LD) today from 24 August 2026. The LD issued a significant FRAND decision in Fraunhofer v HMD<...
Case by Case | Court of Appeal confirms retroactive effect of overturned UPC judgments, having no legal effect for enforcement purposes
Eden Winlow speaks on a Court of Appeal (CoA) decision today.The CoA set aside penalty orders requiring Kodak to pay €1.72 million for alleged non-compliance with an earlier ...
Case by Case | Paris Local Division Refuses Stay UPC proceedings despite parallel National Revocation action
On 30 July 2026 the Paris Local Division (LD) refused to stay the infringement action initiated by several companies in the Merz group (Merz) despite parallel revocation proceedings before the Paris National Court, Tribunal Judiciaire de Paris ...
Case by Case | Court of Appeal clarifies the method for calculating Court fees in appeals in accordance with R. 220.1(a) RoP
On 15 July 2026, the CoA issued an order in proceedings between Qualcomm and Network System Technologies, clarifying aspects of the how UPC Court fees should be calculated when filing appeal proceedings.The dispute concerned the...
Case by Case | Court of Appeal upholds injunction finding provisional measures necessary to prevent competitive harm
Ewan MacAulay discusses a Court of Appeal (CoA) (Panel 3, Judge Ulrike Voß presiding) handed down on 8 July 2026. It concerned AngelAlign’s appeal against the 12 February 2026 ord...
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...
