Key topics - Osborne Clarke

Unified Patent Court

Article list

Life Sciences and Healthcare

European courts and regulators target the intersection of regulatory and patent trends in the life sciences

The Tecfidera case and provisional pharma reform agreement put regulatory exclusivity and patent protection in focus

03/08/2026

Read time 8m

Unified Patent Court

UPC's Düsseldorf Local Division gives guidance on infringement by equivalents

Düsseldorf has adopted The Hague Local Division's Plant-e test and offered guidance on its application

22/07/2026

Read time 7m

Unified Patent Court

UPC Court of Appeal confirms long-arm jurisdiction but clarifies limits on its exercise

UPC's jurisdiction not confined to its own territory but long arm is tempered by international law principles, including comity

15/06/2026

Read time 8m

Unified Patent Court

Retracting the long arm? UPC clarifies territorial scope of enforcement orders and imposes heavy penalties for non-compliance

Mannheim LD holds UPC decisions require recognition by national courts before they can be enforced outside UPC, but information obligations...

19/03/2026

Read time 8m

Intellectual property

InterDigital v Amazon SEP saga: back and forth between UPC and English court continues as compliance remains in dispute

Amazon forced to declare limitation of damages claims before UPC and English court; English court critical of UPC but continues...

13/03/2026

Read time 10m

Intellectual property

The InterDigital and Amazon SEP saga heats up with latest Unified Patent Court judgments

UPC confirms wide anti-suit-style protection against interim-licence relief, suggesting it could extend to final relief

26/01/2026

Read time 5m

Intellectual property

Looking forward: what is on the agenda for European patent litigation in 2026?

European courts' long-arm jurisdiction and escalating comity tensions in SEP licensing disputes will be at the forefront, alongside sweeping EU...

09/01/2026

Read time 12m

Intellectual property

English court maintains anti-anti-suit relief and dismisses InterDigital's jurisdiction challenge

Case will proceed to a final RAND determination after the jurisdiction challenge dismissed, with interim relief to protect the proceedings

08/01/2026

Read time 6m

Intellectual property

Munich court grants Germany's first pan-EU cross-border patent injunction post-BSH v Electrolux

Munich Regional Court relied on BSH v Electrolux to injunct Formycon's aflibercept formulation in 22 countries based on doctrine of...

18/11/2025

Read time 8m

Unified Patent Court

UPC grants first anti-interim-licence injunction in SEP dispute; English court responds with anti-anti-suit relief

Mannheim LD granted provisional measures to prevent Amazon seeking interim-licence declarations in English courts

28/10/2025

Read time 8m

Unified Patent Court

UPC flexes long-arm jurisdiction again by granting permanent injunction covering non-UPC and non-EU states

The Hague LD made inter partes validity findings in relation to non-EU patent designations

24/10/2025

Read time 3m

Unified Patent Court

Life sciences at the fore of preliminary injunction trends emerging from Europe's UPC

Half of PIs granted at first instance on inter partes basis, with invalidity and non-infringement main points of refusal

10/10/2025

Read time 1m

Unified Patent Court

Setting the stage: UPC Court of Appeal confirms the test for 'imminent infringement'

Zentiva's reimbursement approval found to be sufficient to meet the test and a preliminary injunction was granted against it

19/09/2025

Read time 4m

Unified Patent Court

Drop anchor! UPC uses anchor defendant to grant first Spanish preliminary injunction against a Hong Kong-based manufacturer

Hamburg LD extends UPC's long-arm jurisdiction using the manufacturer's German representative as an anchor defendant to obtain jurisdiction over its...

16/09/2025

Read time 5m

Intellectual property

UPC grants first-ever injunction for infringement of UK designation of European Patent

Mannheim local division grants injunction against German subsidiary of Kodak for infringing acts in the UK

25/07/2025

Read time 6m

Unified Patent Court

Infringement claim amendment allowed to include non-UPC territories after CJEU Electrolux decision

Munich local division decided amendment could not be made earlier so allowed Syngenta to extend claim to Czechia, Poland and...

19/05/2025

Read time 3m

Intellectual property

Unified Patent Court's Milan Local Division confirms its jurisdiction over cross-border patent infringement claim

UPC applies landmark CJEU ruling again, affirming its ability to adjudicate infringement claims relating to non-UPC European Patents

15/04/2025

Read time 2m

Intellectual property

Paris Local Division confirms Unified Patent Court as venue for cross-border litigation in Europe and beyond

UPC applies and extends a landmark CJEU ruling, holding it has jurisdiction over an infringement claim relating to non-UPC patents...

10/04/2025

Read time 6m

Intellectual property

Emerging trends from the Unified Patent Court

In the wake of the first substantive decisions on the merits, what trends are arising from the UPC's case law...

16/09/2024

Read time 10m

Intellectual property

Orders to preserve evidence under the Unified Patent Court: seven trends from the emerging case law

The UPC has demonstrated a flexible approach – and so far has routinely granted ex parte orders to preserve evidence...

09/04/2024

Read time 7m

Unified Patent Court

UPC's former London Central Division competences to be reallocated between Paris, Munich and Milan

The provisional Paris-Munich competence split will continue until the new agreement comes into force in June 2024

03/07/2023

Read time 1m

Unified Patent Court

New judicial code of conduct addresses partiality concerns over UPC part-time technical judges

A new code supplements rules on judicial independence and impartiality in the Unified Patent Court Agreement and Statute

08/06/2023

Read time 2m

Unified Patent Court

French, German and Italian UPC local divisions to now offer English as alternative language of proceedings

A late-stage U-turn may not provide claimants with as much control over language of proceedings as it initially appears

01/06/2023

Read time 1m

Unified Patent Court

UPC publishes list of the acceptable languages before the local and regional divisions

The language of proceedings has caused controversy but the system adopted provides some flexibility for claimants

31/05/2023

Read time 2m

Intellectual property

UPC: former London Central Division competences provisionally split between Paris and Munich

With the UK no longer participating, cases due to have been heard in London will be heard for now in...

23/05/2023

Read time 1m

Intellectual property

Case management system problems for UPC underscore need to file opt-outs immediately

Application surge has highlighted that immediate action is required to avoid missing the 'sunrise' deadline

23/05/2023

Read time 2m

Intellectual property

Unified Patent Court offers new opportunities for effective enforcement of European patents

The UPC becomes operational on 1 June and introduces major changes to patent litigation across Europe

04/05/2023

Read time 6m

Intellectual property

Unified Patent Court: the basics

The UPC will soon be operational and getting to grips with the basics of how it operates is essential

15/02/2023

Read time 1m

Intellectual property

Long-arm jurisdiction: how remedies can extend to non-UPC states

UPC jurisdiction may be broader than it first appeared but questions remain about its reach over third-state defendants

07/02/2023

Read time 6m

Intellectual property

UPC action points: opting out of the EU's Unified Patent Court

Attitudes towards UPC opt-outs will depend on the proprietor and their patents but options should be weighed up now

03/02/2023

Read time 6m

Intellectual property

Unified Patent Court: an introduction to the UPC's general jurisdiction

Knowing the UPC's competence and international jurisdiction rules is vital to understand what it can hear and reach

26/01/2023

Read time 8m

Life Sciences and Healthcare

European courts and regulators target the intersection of regulatory and patent trends in the life sciences

The Tecfidera case and provisional pharma reform agreement put regulatory exclusivity and patent protection in focus

03/08/2026

Read time 8m

Unified Patent Court

UPC's Düsseldorf Local Division gives guidance on infringement by equivalents

Düsseldorf has adopted The Hague Local Division's Plant-e test and offered guidance on its application

22/07/2026

Read time 7m

Unified Patent Court

UPC Court of Appeal confirms long-arm jurisdiction but clarifies limits on its exercise

UPC's jurisdiction not confined to its own territory but long arm is tempered by international law principles, including comity

15/06/2026

Read time 8m

Unified Patent Court

Retracting the long arm? UPC clarifies territorial scope of enforcement orders and imposes heavy penalties for non-compliance

Mannheim LD holds UPC decisions require recognition by national courts before they can be enforced outside UPC, but information obligations...

19/03/2026

Read time 8m

Intellectual property

InterDigital v Amazon SEP saga: back and forth between UPC and English court continues as compliance remains in dispute

Amazon forced to declare limitation of damages claims before UPC and English court; English court critical of UPC but continues...

13/03/2026

Read time 10m

Intellectual property

The InterDigital and Amazon SEP saga heats up with latest Unified Patent Court judgments

UPC confirms wide anti-suit-style protection against interim-licence relief, suggesting it could extend to final relief

26/01/2026

Read time 5m

Intellectual property

Looking forward: what is on the agenda for European patent litigation in 2026?

European courts' long-arm jurisdiction and escalating comity tensions in SEP licensing disputes will be at the forefront, alongside sweeping EU...

09/01/2026

Read time 12m

Intellectual property

English court maintains anti-anti-suit relief and dismisses InterDigital's jurisdiction challenge

Case will proceed to a final RAND determination after the jurisdiction challenge dismissed, with interim relief to protect the proceedings

08/01/2026

Read time 6m

Intellectual property

Munich court grants Germany's first pan-EU cross-border patent injunction post-BSH v Electrolux

Munich Regional Court relied on BSH v Electrolux to injunct Formycon's aflibercept formulation in 22 countries based on doctrine of...

18/11/2025

Read time 8m

Unified Patent Court

UPC grants first anti-interim-licence injunction in SEP dispute; English court responds with anti-anti-suit relief

Mannheim LD granted provisional measures to prevent Amazon seeking interim-licence declarations in English courts

28/10/2025

Read time 8m

Unified Patent Court

UPC flexes long-arm jurisdiction again by granting permanent injunction covering non-UPC and non-EU states

The Hague LD made inter partes validity findings in relation to non-EU patent designations

24/10/2025

Read time 3m

Unified Patent Court

Life sciences at the fore of preliminary injunction trends emerging from Europe's UPC

Half of PIs granted at first instance on inter partes basis, with invalidity and non-infringement main points of refusal

10/10/2025

Read time 1m

Unified Patent Court

Setting the stage: UPC Court of Appeal confirms the test for 'imminent infringement'

Zentiva's reimbursement approval found to be sufficient to meet the test and a preliminary injunction was granted against it

19/09/2025

Read time 4m

Unified Patent Court

Drop anchor! UPC uses anchor defendant to grant first Spanish preliminary injunction against a Hong Kong-based manufacturer

Hamburg LD extends UPC's long-arm jurisdiction using the manufacturer's German representative as an anchor defendant to obtain jurisdiction over its...

16/09/2025

Read time 5m

Intellectual property

UPC grants first-ever injunction for infringement of UK designation of European Patent

Mannheim local division grants injunction against German subsidiary of Kodak for infringing acts in the UK

25/07/2025

Read time 6m

Unified Patent Court

Infringement claim amendment allowed to include non-UPC territories after CJEU Electrolux decision

Munich local division decided amendment could not be made earlier so allowed Syngenta to extend claim to Czechia, Poland and...

19/05/2025

Read time 3m

Intellectual property

Unified Patent Court's Milan Local Division confirms its jurisdiction over cross-border patent infringement claim

UPC applies landmark CJEU ruling again, affirming its ability to adjudicate infringement claims relating to non-UPC European Patents

15/04/2025

Read time 2m

Intellectual property

Paris Local Division confirms Unified Patent Court as venue for cross-border litigation in Europe and beyond

UPC applies and extends a landmark CJEU ruling, holding it has jurisdiction over an infringement claim relating to non-UPC patents...

10/04/2025

Read time 6m

Intellectual property

Emerging trends from the Unified Patent Court

In the wake of the first substantive decisions on the merits, what trends are arising from the UPC's case law...

16/09/2024

Read time 10m

Intellectual property

Orders to preserve evidence under the Unified Patent Court: seven trends from the emerging case law

The UPC has demonstrated a flexible approach – and so far has routinely granted ex parte orders to preserve evidence...

09/04/2024

Read time 7m

Unified Patent Court

UPC's former London Central Division competences to be reallocated between Paris, Munich and Milan

The provisional Paris-Munich competence split will continue until the new agreement comes into force in June 2024

03/07/2023

Read time 1m

Unified Patent Court

New judicial code of conduct addresses partiality concerns over UPC part-time technical judges

A new code supplements rules on judicial independence and impartiality in the Unified Patent Court Agreement and Statute

08/06/2023

Read time 2m

Unified Patent Court

French, German and Italian UPC local divisions to now offer English as alternative language of proceedings

A late-stage U-turn may not provide claimants with as much control over language of proceedings as it initially appears

01/06/2023

Read time 1m

Unified Patent Court

UPC publishes list of the acceptable languages before the local and regional divisions

The language of proceedings has caused controversy but the system adopted provides some flexibility for claimants

31/05/2023

Read time 2m

Intellectual property

UPC: former London Central Division competences provisionally split between Paris and Munich

With the UK no longer participating, cases due to have been heard in London will be heard for now in...

23/05/2023

Read time 1m

Intellectual property

Case management system problems for UPC underscore need to file opt-outs immediately

Application surge has highlighted that immediate action is required to avoid missing the 'sunrise' deadline

23/05/2023

Read time 2m

Intellectual property

Unified Patent Court offers new opportunities for effective enforcement of European patents

The UPC becomes operational on 1 June and introduces major changes to patent litigation across Europe

04/05/2023

Read time 6m

Intellectual property

Unified Patent Court: the basics

The UPC will soon be operational and getting to grips with the basics of how it operates is essential

15/02/2023

Read time 1m

Intellectual property

Long-arm jurisdiction: how remedies can extend to non-UPC states

UPC jurisdiction may be broader than it first appeared but questions remain about its reach over third-state defendants

07/02/2023

Read time 6m

Intellectual property

UPC action points: opting out of the EU's Unified Patent Court

Attitudes towards UPC opt-outs will depend on the proprietor and their patents but options should be weighed up now

03/02/2023

Read time 6m

Intellectual property

Unified Patent Court: an introduction to the UPC's general jurisdiction

Knowing the UPC's competence and international jurisdiction rules is vital to understand what it can hear and reach

26/01/2023

Read time 8m

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