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
76 episodes
Case by Case | Lisbon Local Division provides guidance on revocation of expired patents and online infringement
Jonathan Ross explores a Lisbon Local Division (LD) today. They found that Ericsson had successfully established infringement of its Wi-Fi related patent EP 2 819 131 ...
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...
Case by Case | The Hague Local Division dismisses Stratasys Preliminary Injunction application following narrow claim construction on purge towers
Rebekka Thomas looks at the Hague LD's order in respect of an application for provisional measures by Stratasys against BambuLab. The dispute concerned BambuLab’s 3D printer (ref...
Case by Case | Mannheim Local Division grants Nokia ex parte anti-suit injunction in relation to Chinese interim licence application
The UPC continues to provide anti-suit relief in FRAND actions where it considers its jurisdiction may be compromised by the grant of interim licence applications in other Courts. In the UPC, Nokia is pursuing SEP infringement actions against C...
Case by Case | Court of Appeal reaffirms approach to Security for Costs
On 7 April 2026, the CoA reaffirmed that a request for Security of Costs (SoC) may be made against an appellant, regardless of the party’s status as a claimant/defendant in first instance proceedings.
Case by Case | The Milan Central Division clarifies holistic novelty assessment and the limits of auxiliary requests
Jonathan Ross analyses the Milan Central Division's (CD) decision to revoke Flexicare (Group) Limited’s unitary patent EP 4 185 356 following a revocation action brought by Fisher...
Case by Case | Paris Local Division revokes Michelin patent following novelty challenge based on single prior art document
Fariha Chowdhury is back with another UPC case update. Today, she looks at the Paris LD's decision to revoke Compagnie Générale des Etablissements Michelin’s European patent EP...
Case by Case | Court of Appeal clarifies limits of cross appeals under r.220.1 while granting preliminary injunction in Abbott v Sinocare
Abbott Diabetes Care Inc. (Abbott) brought proceedings against Sinocare Inc. and A. Menarini Diagnostics s.r.l. (together the Respondents) alleging infringement of EP 3 988 471, which concerns a continuous glucose monitoring system displaying r...
Case by Case | GC Aesthetics succeed in r.190 application for implant samples and key technical and regulatory files
On 14 April 2026, the Brussels Local Division (LD) handed down an order under r.190 RoP requiring Establishment Labs S.A (LABS) to produce a range of evidence, including soft tissue implant samples and various technical and regulatory documents...
Case by Case | Milan Central Division conclude proceedings following EPO revocation
Claire Wilson takes a look at the Milan Central Division's decision to dismiss ongoing revocation proceedings between Neurocrine Biosciences and Spruce Biosciences as devoid of pu...
Case by Case | Court of Appeal reaffirms strict duty of candour in ex parte evidence orders
Chloe Dickson looks at the Court of Appeal decision to uphold the revocation of an order obtained ex parte by Ecovacs against Roborock for inspection of robot vacuum clea...
Case by Case | Private Transcripts of Oral Hearings Permissible Under r. 115 RoP
Lucy Sewter explores how the CoA overturned a decision of the Mannheim Local Division (LD) that had refused Amazon permission to produce a private transcript of an oral hearing in p...
Case by Case | Court of Appeal overturns Paris Local Division’s extension of UPC jurisdiction for foreign infringement allegations
On 13 March 2026, the Court of Appeal (CoA) has set aside the Paris Local Division’s (LD’s) decision (dated 27 November 2025) that had dismissed the preliminary objections and accepted jurisdiction over alleged infringements occurring in severa...
Case by Case | Court of Appeal confirms that unprotected disclosures cannot later be made confidential and clarifies strict limits on confidentiality under r. 262 and 262A RoP
Chloe Dickson talks you through a decision concerning EOFlow’s request for an order that certain information on the extent to which it had committed acts of infringement of Insule...
Case by Case | Düsseldorf Local Division reinforces strict Huawei v ZTE sequencing in Dolby’s Opus SEP win
Patrick Newlands looks at how the Düsseldorf Local Division’s (LD) application of the Huawei v ZTE factors has clarified how that LD of the UPC intends to approach the...
Case by Case | Munich Local Division rejects limits to patent attorneys and experts in confidentiality club
On 24 February 2026, in UERAN v Xiaomi, the Munich Local Division (LD) corrected an unopposed clerical omission in its January confidentiality order by adding several missing paragraphs of the Statement of Defence. Listen t...
Case by Case | Court of Appeal refers questions to the CJEU to clarify the scope of long-arm jurisdiction
Eden Winlow covers the Court of Appeal's (CoA) first ever referral to the CJEU.In which the CoA has sought clarity on the application of long-arm jurisdiction in situations i...
