You, me & the UPC - podcast cover

You, me & the UPC

Bristows LLPwww.bristowsupc.com

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.

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Episodes

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. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . ...

Jun 26, 20263 minEp. 67

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. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we rel...

Jun 26, 20263 minEp. 66

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 respon...

Jun 19, 20264 minEp. 65

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 countr...

Jun 12, 20264 minEp. 64

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! Interested in learning more about UPC cases. Check out our UPC case tracker . If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . ...

Jun 12, 20263 minEp. 63

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. Interested in other UPC cases? Check out our new UPC case tracker today! If you have any feedback, questions, o...

Jun 05, 20263 minEp. 62

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. Interested in other UPC cases? Explore our UPC case tracker today. If you have any feed...

Jun 05, 20262 minEp. 61

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. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us ...

May 29, 20265 minEp. 60

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. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us on LinkedIn ....

May 29, 20264 minEp. 59

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. If you have any feedback, questions, or comments, please email us at upcpodcast@...

May 22, 20264 minEp. 58

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. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us on Link...

May 22, 20264 minEp. 57

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. Find out more about Bristows UPC expertise here . If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us on LinkedIn ....

May 15, 20263 minEp. 56

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 i...

May 15, 20263 minEp. 55

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. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us on LinkedIn ....

May 08, 20264 minEp. 54

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. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us on LinkedIn ....

May 08, 20264 minEp. 53

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! If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us on...

May 01, 20264 minEp. 52

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. If you have any feedback, questions, or comments, please email us at upcp...

May 01, 20263 minEp. 51

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. If you have any feedback, questions, or comments, please e...

Apr 24, 20265 minEp. 50

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. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us on LinkedIn ....

Apr 24, 20261 minEp. 49

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. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us on LinkedIn ....

Apr 17, 20262 minEp. 48

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. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us on LinkedIn ....

Apr 17, 20264 minEp. 47

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. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we releas...

Apr 10, 20263 minEp. 46

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. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us on LinkedIn ....

Apr 10, 20262 minEp. 45

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. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us on LinkedIn ....

Apr 02, 20263 minEp. 43

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. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us on LinkedIn ....

Mar 27, 20265 minEp. 41

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! If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us on LinkedIn ....

Mar 26, 20263 minEp. 42

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! If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us on L...

Mar 20, 20266 minEp. 40

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. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us on LinkedIn ....

Mar 20, 20267 minEp. 39

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. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us on LinkedIn ....

Mar 13, 20264 minEp. 38
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