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NEWS
UNUM Transport Arbitration & Mediation has announced the introduction of a new case management system. The implementation of the future proof system will take place on 15 October 2024 (12pm–4pm). During this time, users are advised that it will not be possible to login or access their files. Upon completion of the implementation, all platform users will receive an email containing details on how to use the new UNUM case management.
NEWS
UNUM Transport Arbitration and Mediation has announced that it has been selected by the Steering Committee of the International Congress of Maritime Arbitrators (ICMA) to host the ICMA XXIV Congress 2028 in Rotterdam. The congress is scheduled for early September 2028.
NEWS
Law360, London: Europe's patent court narrowed the injunction Abbott Diabetes Care won to limit a rival's sale of continuous glucose monitoring devices on 19 August 2024, ruling that the remedy shouldn't have been extended to Ireland, as it has not yet ratified the UPC agreement.
NEWS
EU Law analysis: The Unified Patent Court’s (UPC) First Panel of the Court of Appeal (CoA) sitting with only three Legally Qualified Judges, has remitted Meril’s application to the Nordic-Baltic Regional Division (RD) to stay infringement proceedings brought by Edwards pending the outcome of Meril’s European Patent Office (EPO) opposition against EP No. 3,769,722. This was on the basis that the Nordic-Baltic RD had erred in refusing the application solely on the basis that a rapid final decision could not be expected from the EPO. The CoA also confirmed that the UPC Rules of Procedure only allowed the Court to disregard requests, facts and evidence that were not submitted at first instance. However, new arguments could be submitted at appeal if they were based on existing facts and evidence. Hsu Min Chung, partner and patent attorney, and Rachel Fetches, partner and Head of Law, at HGF analyse the judgment.
NEWS
MLex: The Unified Patent Court (UPC) confirmed it can hear disputes involving conduct from before it opened in 2023 while applying different substantive law to different periods and forms of relief. The guidance comes in a case against German campervan manufacturer Knaus Tabbert.
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Law360: The Unified Patent Court on 28 May 2024 named three judges that will join its central division in Milan when the court opens in June.
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Law360: The Unified Patent Court's (UPC) Local Düsseldorf Division has ruled that Curio Bioscience's Seeker Spatial Mapping Kits infringed patents by 10x Genomics, upholding an injunction against the U.S. biotech company's rival in Germany, France and Sweden.
NEWS
Law360, London: The Unified Patent Court (UPC) Court of Appeal held that the UPC has competence to hear an action for a declaration of non-infringement filed before the patents at issue are granted, although whether such an action is admissible is a separate question.
NEWS
EU Law analysis: The Düsseldorf Local Division recently handed down a decision that has sent reverberations throughout the EU patent landscape and beyond. In its decision, it was determined that the Unified Patent Court (UPC) has jurisdiction to hear infringement actions concerning European patents validated in non-UPC contracting member states. Jonathan DeVile, partner, and Stephen Solomon, technical assistant, both at D Young & Co, delve into the details of the decision to understand its potential implications.
NEWS
EU Law analysis: Dr. Robyn Trigg and Benjamin Thomas of Osborne Clarke consider the Unified Patent Court’s (UPC) latest demonstration of its expanding jurisdictional reach, as it grants a permanent injunction extending beyond UPC-contracting member states to cover non-UPC EU countries and even non-EU territories. In HL Display v Black Sheep Retail Products, the Hague Local Division assumed jurisdiction over a European patent validated in UPC states (eg Netherlands, France, Germany), non-UPC EU states (eg Ireland, Poland), and non-UPC non-EU states (eg UK, Liechtenstein), finding both validity and infringement while issuing relief across all jurisdictions in which the patent is in force. This decision highlights the UPC’s growing appeal as a forum for cross-border patent enforcement and marks an important shift in how global patent holders may approach European IP litigation.
NEWS
Law360, London: The Unified Patent Court (UPC) has wielded its long-arm jurisdiction by issuing its first-ever injunction covering Britain as it banned Kodak from selling printing plates that infringe the UK part of Fujifilm's European patent.
NEWS
Law360: The Unified Patent Court (UPC) on 16 July 2024 ruled that Amgen's patent covering the cholesterol drug Repatha is not valid in the EU, less than a year after justices on the US Supreme Court made a somewhat similar call on US patents covering the same drug.