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.
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 access.
The appeal arose from an application by Quinn Emanuel for access to pleadings in concluded infringement proceedings between Huawei and MediaTek. The Judge Rapporteur had granted access subject to redactions, a decision upheld by the Munich Local Chamber (LC).
Huawei sought to challenge that outcome, arguing both that the application should not have been granted and that the procedural route adopted was incorrect.
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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 in German non-entitlement proceedings seeking the transfer and consent to the re-registration of all national parts of EP 193.
Listen to Ben Reeves' explanation of the decision in this episode.
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Case by Case | Local Division dismisses application for provisional measures finding a lack of urgency
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On 17 June 2026, the Milan Local Division (LD) dismissed Ericsson’s application for provisional measures against ASUSTeK and Arvato in relation to EP 3 076 673, a patent concerning the decoding and encoding of pictures of a video sequence.
Eden Winlow explains more in this episode. Listen today.
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Case by Case | Court of Appeal provides key jurisdictional guidance on multi‑defendant infringement actions
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Eden Winlow explores two Court of Appeal (CoA) orders issued on 22 June 2026. They address related aspects of internal UPC jurisdiction in multi-defendant infringement actions.
In Valeo v Bosch, the Court considered the position where one or more defendants were established outside the territory of the Contracting Member States, here Serbia and China, and clarified the relationship between art. 33(1)(b) and the third subparagraph of art. 33(1) of the Unified Patent Court Agreement (UPCA) in allocating competence between UPC divisions in multi-defendant infringement actions.
In Bosch v Valeo, th...
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 device within protective head gear.
Florence Plisner explains all in this episode.
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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 Tiru’s patent EP 3 178 578 (EP 578), which relates to technology implemented in a waste incineration furnace. Valinea Energie (Valinea), a company within the Veolia group, operates the accused waste treatment facility in Montbéliard, France. The second defendant, Maguin, manufactures the combustion chamber of the furnace alleged to infringe the patent.
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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 concerning EP 2 077 811.
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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.
Listen to Nadine Bleach's summary of the decision decision today.
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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, dismissing its appeal against the Paris Central Division's revocation of EP 2 671 173 in its entirety. The decision serves as a reminder of the consequences of non-compliance with security for costs orders.
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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 Limited against a €75,000 security order made in revocation proceedings before the Milan Central Division.
Listen to Lucy Sewter's overview of the decision today.
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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 2 819 131 against AsusTek.
The case concerned laptops and notebooks incorporating Intel Wi‑Fi 6 and Wi‑Fi 6E modules. Ericsson alleged that AsusTek infringed through its various European‑facing websites. AsusTek counterclaimed for revocation and denied infringement, arguing both that the patent was invalid and that it was not responsible for the relevant acts relied upon by Ericsson.
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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 final order. The order for payment follows a preliminary injunction granted in October 2025 in favour of Occlutech GmbH, in which the defendants, Lepu Medical, were prohibited from offering, placing on the market or using (or importing or storing for those purposes) certain braided occlusion devices in a number of countries (Germany, France, Italy, The Netherlands and Ireland).
Stay up-to-date on all things UPC by exploring our UPC case tracker.
...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 semiconductor memory technology.
Ewan MacAulay explores the case in detail. Listen now!
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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’s PI requests had been dismissed at both instances for lack of urgency.
Lucy Sewter dives into the details of this decision in today's episode.
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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 (Avient) in its ongoing proceedings against the Xingi Group (Xingi).
The proceedings relate to EP 2 791 402, which protects certain forms of polyethylene yarn and products comprising it, such as bulletproof panels, helmets and vests.
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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 established with the requisite degree of certainty. The application, filed in December 2025, was dismissed in its entirety, with costs awarded against the applicant.
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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 concerning an SEP.
Nischay Mall explores this case in today's episode. Check it out.
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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 adult patients with MS) in France until expiry of Merz’s SPC in July 2026.
Listen to Aida Tohala's review of this decision in this episode of You, Me and the UPC: Case by case.
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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 to the underlying ex parte inspection and evidence preservation order concerning Topsoe A/S’s patent EP 3 802 413 relating to a plant for producing hydrogen.
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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 Chinese car manufacturer, Geely. In response Geely initiated rate-setting proceedings in a parallel action before the Hangzhou Court in China and applied for a worldwide “interim licence” by way of a preservation order.
Nicholas Round explores this case in detail. Listen now!
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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 (referred to as H2C), which was launched at a trade fair in Frankfurt in November 2025.
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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.
Hannah Rigby provides a compressive overview of this decision in today's episode.
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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 & Paykel Healthcare Limited. Listen today.
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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 2 323 858 B1 (EP 858) in its entirety and dismissed Michelin’s infringement action against three Goodyear group companies. Listen today, and don't forget to subscribe!
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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 real‑time glucose data together with event information.
Fariha Chowdhury explores the case in detail in this episode. Don't forget to subscribe so you don't miss any UPC case updates.
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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, within 21 days, following a successful application made by GC Aesthetics.
In our 50th episode, Cassie Blackburn dives into the details of the decision. Listen today and don't forget to subscribe.
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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 purpose under r. 360 RoP.
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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 cleaners at a trade fair.
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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 proceedings UPC_CFI_936/2025 between Amazon and InterDigital.
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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 Insulet’s patent be designated as confidential and withheld from public inspection.
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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 several non-UPC states between Keeex and several US and Irish based defendants.
Lucy Sewter explores the case in detail. Listen now.
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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 framework.
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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 to Eden Winlow in today's episode, who unpicks the decision.
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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 involving non-EU defendants alleged to have infringed patents using the services of an EU-based intermediary, such as an authorised representative.
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Case by Case | Court of Appeal reaffirms requests for public access documents under r. 262.1(b) RoP
On 24 February 2026, the CoA issued two decisions that reinforce the need for precise requests from third parties for public access under r. 62.1(b) RoP.
Eden Winlow explores both decisions in this episode. Listen today and don't forget to subscribe!
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Case by Case | Munich Central Division confirms patent validity in display glass composition dispute
On 24 February 2026, the Munich Central Division dismissed TCL’s revocation action against Corning’s patent concerning methods for producing alkali free glass for display substrates. These glass sheets are used in Active Matrix Liquid Crystal Display (AMLCD) applications.
Rachael Cartwright dives into the detail in this episode. Listen now!
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Case by Case | UK High Court and UPC Mannheim Local Division issue divergent rulings in Amazon–InterDigital FRAND Dispute
Sam Harvey takes a look at two decisions issued by the UK Court and the UPC’s Mannheim LD in the ongoing multi-jurisdictional dispute between Amazon and InterDigital over the terms of a RAND licence to InterDigital’s SEP video codec portfolio.
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Case by Case | Court of Appeal rules on both validity and infringement without remitting the case to the Local Division
Fariha Chowdhury looks at the Court of Appeals decision in Rematec GmbH & Co. KG v Europe Forestry B.V., reinstating European patent EP 2 548 648 and overturning the Mannheim LD’s earlier revocation.
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Case by Case | Court of Appeal refuses to stay revocation appeal pending EPO Opposition
Labrador initiated proceedings on 12 June 2024 by filing an infringement action against certain bioMérieux entities before the Düsseldorf LD. In response, bioMérieux UK filed a revocation action before the Milan Central Division (CD) on 30 August 2024, while other entities lodged a counterclaim for revocation within the Düsseldorf infringement proceedings.
Listen to Fariha Chowdhury detailed analysis.
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Case by Case | Court of Appeal confirms no unitary effect without full participating state designation
On 9 February 2026, the Court of Appeal (CoA) dismissed an appeal from Papst Licensing GmBH & Co. KG (Papst) against a decision of the European Patent Office (EPO) rejecting Papst’s application for unitary effect.
Olivia Henry explains more in this episode.
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