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

Mar 13, 20263 minEp. 37

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. 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 06, 20263 minEp. 36

Case by Case | Paris Central Division finds subsidiary is not the “same party” as its parent company and can start separate proceedings

Milly Wickson takes a look at the decision in which the Paris CD held that ALD France S.A.S. is entitled to bring revocation proceedings against Nanoval’s patent EP 3 083 107 B1, notwithstanding the parallel infringement and revocation actions involving ALD’s German parent company and Nanoval before the Munich LD. 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 LinkedIn ....

Mar 06, 20262 minEp. 35

Case by Case | Court of Appeal upholds revoking of Saisie Order and Clarifies Limits on Amended Requests Under r. 222.2 RoP

The Court of Appeal (CoA) recently dismissed Centripetal’s appeal against the Mannheim LD’s decision (following a request for review) to revoke an earlier saisie order, on the basis that Centripetal’s request was inadmissible. Listen to Maria Ryan in today's episode for more details on 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 ....

Feb 27, 20262 minEp. 34

Case by Case | Paris Local Division Orders Henkel to Disclose Technical Data Sheets in Bostik Infringement Action

On 4 February 2026, the Paris LD granted Bostik’s request that Henkel (the alleged infringer) produce evidence under Art. 59 UCPA and r. 190 RoP. The request was for current data sheets for certain of Henkel’s Loctite Liofol branded flexible laminate packaging products. Jonathan Ross explains more in this 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 ....

Feb 27, 20262 minEp. 33

Case by case | Court of Appeal clarifies requirements for confidentiality

Luke Norton explores the Court of Appeals decision, handed down on 29 January 2026, addressing confidentiality and r. 262A RoP in the dispute between EOFlow and Insulet. Listen now 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 ....

Feb 20, 20261 minEp. 32

Case by case | Hague Local Division grants Abbott Preliminary Injunctions, extending long arm jurisdiction to non-EU countries.

On 6 February 2026, The Hague Local Division (LD) granted Abbott provisional injunctions in relation to two of its Continuous Glucose Monitoring (CGM) patents, EP 3 960 072 (the insertion device patent) (EP 072) and EP 2 720 610 (the stacked sensor patent) (EP 610). Maria Ryan dives into the details of this case in this episode. Check it out 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...

Feb 20, 20263 minEp. 31

Case by case | Munich LD orders security for costs against Taiwanese claimant in ASUS v OPPO

On 12 December 2025, the Munich LD ordered ASUS Technology Licensing Inc. (ASUS) to provide security for costs in the amount of EUR 200,000 following an application by the defendants, including Guangdong OPPO Mobile Telecommunications Corp. Ltd (OPPO), under r. 158.1 RoP. Nischay Mall dives into the detail of this decision. 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 Link...

Feb 13, 20263 minEp. 30

Case by case | Düsseldorf Local Division dismisses Ona Patents SL’s infringement action against Google

Rebekka Thomas talks you through the Düsseldorf Local Division's (LD) decision dismissing Ona Patents SL’s (Ona) infringement action against Google Ireland Limited and Google Commerce Limited (together, Google) while simultaneously upholding the patent’s validity by dismissing Google’s counterclaim for 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 ....

Feb 13, 20262 minEp. 29

Case by case | Munich LD grants Reestablishment over ambiguous R. 151 Obligation

On 13 January 2026, the Munich LD granted Heraeus Reestablishment of Rights (RoR) after it missed the r. 151 deadline to apply for a cost decision, determining that the failure resulted from an excusable legal misjudgment in an unclear area of procedural law. Lucy Sewter explains more in this episode of Case by case. 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 ....

Feb 09, 20262 minEp. 28

Case by case | Paris Local Division declines jurisdiction to rule on infringement of the Swiss national patent

Milly Wickson explores a decision handed down on 16 January 2026, where the LD upheld IMC Creations’ (IMC) patent as valid in amended form and infringed by Mul-T-Lock’s MVP1000 padlock in the UPC territory, but not in Switzerland. 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 ....

Feb 09, 20264 minEp. 27

Case by case | Paris Central Division rejects inadmissible Auxiliary Requests in Microsoft v Suinno.

In the dispute between Microsoft Corporation and Suinno Mobile & AI Technologies Licensing Oy , the admissibility and handling of auxiliary requests to amend the patent became the central issue after the patent as granted was found invalid for added subject-matter. In this episode, Matthew Raynor provides insight into the case. Discover more about our UPC expertise here . If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as w...

Jan 30, 20265 minEp. 26

Case by case | Medical Devices must align with Professional Standards to Constitute Patent Infringement.

On 13 January 2026, the Munich LD dismissed Emboline's infringement action against AorticLab with respect to its embolic protection medical device. Kate O'Sullivan explores the decision in this episode. Discover more about our 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 ....

Jan 30, 20264 minEp. 25

Case by case | Local Division maintains Anti-Interim Licence Injunction and clarifies that final RAND relief in the UK could be in breach of the injunction. The Court of Appeal declines to suspend its effect.

By its order dated 22 December 2025 the Mannheim Local Division (LD) continued the Anti-Interim Licence Injunction (AILI) in the InterDigital v Amazon proceedings. Nadine Bleach explains all in this episode. Discover more about our 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 ....

Jan 23, 20265 minEp. 24

Case by case | Court of Appeal gives guidance on language changes on the grounds of "fairness".

Luke Norton guides you through UERAN v Xiaomi and the request to change the language of proceedings to the language of the patent in suit (English) on grounds of fairness under Art. 49(5) UPCA. Discover more about our 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 ....

Jan 23, 202651 secEp. 23

Case by case | Court of Appeal rejects Vivo’s request to stay first instance proceedings pending a preliminary objection decision.

Patrick Newlands walks you through the Court of Appeal's decision to reject an application to stay proceedings under r. 21.2 RoP, specifically relating to staying deadlines. Discover more about our 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 ....

Jan 16, 20262 minEp. 22

Case by case | Alignment on the test for inventive step from the Court of Appeal.

Kate O’Sullivan explores the Court of Appeal's decision in the Meril v Edwards Lifesciences appeal concerning Edwards’ patent to prosthetic heart valves. Interested in Bristows UPC expertise and insights? Click here to discover more. 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 ....

Jan 16, 20265 minEp. 21

Case by case | The Hague Local Division dismisses infringement claim against Molecular Instruments’ HCR Products

On 18 November 2025, The Hague Local Division (LD) held that two European patents owned by Advanced Cell Diagnostics, Inc. (ACD) were valid but not infringed by the defendant, Molecular Instruments, Inc. ACD’s patents. Maria Ryan goes into the details of this decision 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 LinkedIn ....

Jan 09, 20264 minEp. 20

Case by case | Munich Local Division Refuses Preliminary Injunction Due to Considerable Doubts about Validity

On 17 October 2025, the Munich Local Division (LD) dismissed Onward Medical N.V.’s application for a Preliminary Injunction (PI) against Niche Biomedical Inc. (trading as ANEUVO). Fariha Chowdhury explains all in this 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 ....

Jan 09, 20263 minEp. 19

Case by case | Paris Central Division Rejects Joinder Application Under r. 340.1 and Maintains Separate Proceedings for Both Infringement and Revocation

Belparts Group N.V. (Belparts) sought, under r.340.1 RoP, to consolidate infringement and revocation actions pending before the Munich Local Division (LD) and Paris Central Division (CD) relating to the same patent. Nicholas Round explains all in this 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 ....

Dec 19, 20252 minEp. 18

Case by case | Court of Appeal Upholds First Instance Decision Ruling on Inadmissible Broadening

On 5 November 2025, the Court of Appeal rejected an appeal by Seoul Viosys Co Ltd (Viosys) against the decision of the Düsseldorf Local Division (LD) revoking its EP 3 223 320 patent for inadmissible broadening. Nischay Mall dives into the details in this episode. Check it out now! The appeal Mischay refers to in this episode can be read about 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 . Foll...

Dec 19, 20254 minEp. 17

Case by case | Court of Appeal Clarifies Claim Construction: Undisclosed Experimental Data Irrelevant

STEROS had obtained provisional measures against OTEC from the Hamburg Local Division, Court of First Instance (CFI), alleging infringement of EP 4 249 647. The patent relates to an electrolytic medium used in electropolishing. Nicholas Round explains all in this 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 ....

Dec 12, 20253 minEp. 16

Case by case | Court of Appeal Affirms No Automatic Suspensive Effect for Information Orders

Nischay Mall explores the Court of Appeals decision rejecting an application by Black Sheep Retail Products BV (Black Sheep) for suspensive effect of the first-instance decision requiring it to disclose information to HL Display AB (HL) to assist in calculating damages. The first instance judgment was previously reported 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 ....

Dec 12, 20253 minEp. 15

Case by case | Milan Central Division Upholds Labrador Diagnostics Patent in Amended Form After bioMérieux Challenge

The Milan Central Division gave its decision on the consolidated revocation actions brought by bioMérieux against Labrador Diagnostics in relation to a patent claiming an instrument for detecting a biological analyte. Ben Reeves dives into the details 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 LinkedIn ....

Dec 05, 20253 minEp. 14

Case by case | The Hague LD rejects Abbott’s application for a Preliminary Injunction

Rachael Cartwright talks you through the Hague LD's decision in Abbott Diabetes Care Inc.’s application for provisional measures against Sinocare Inc. and A. Menarini Diagnostics s.r.l. relating to displays for continuous glucose monitoring (CGM) systems. Read more 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 ....

Dec 05, 20255 minEp. 13

Case by case | The Hague Local Division issues Decision by Default Judgment granting Amycel a Permanent Injunction

Rachael Cartwright explores The Hague Local Division's (LD) decision by default judgment in an infringement action after the defendant failed to file its Statement of Defence by the deadline in this 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 ....

Nov 28, 20254 minEp. 12

Case by case | Court of Appeal Clarifies Penalty Rule in Kodak v. Fujifilm

On 14 October 2025, the UPC Court of Appeal addressed an appeal by Kodak against penalty orders issued by the Mannheim Local Division in an infringement action brought by Fujifilm concerning EP 3 511 174. Luke Norton gives details in this episode. Tune in! 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 ....

Nov 28, 20252 minEp. 11

Case by case | Paris Central Division finds further Edwards patent valid and infringed

The Paris Central Division has dismissed a revocation action brought by Meril Life Sciences against EP 4 141 181 (the Patent) owned by Edwards Lifesciences Corporation, but upheld Edwards’ counterclaim that the Patent was infringed by Meril’s ‘Octacor’ and ‘Octapro’ systems. Luke Norton explains more in this episode. Discover more UPC insights 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 . Foll...

Nov 21, 20252 minEp. 10

Case by case | Court of Appeal Upholds UPC's Compatibility with EU Law and Judicial Structure

Hannah Rigby explores the UPC Court of Appeal's decision to reject an appeal filed by Roku International B.V and Roku, Inc (Roku) against several orders issued by the Munich Local Division. Read more UPC case insights 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 ....

Nov 21, 20256 minEp. 9

Case by case | Occlutech obtains preliminary injunction against Lepu

Ben Reeves talks you through the Hamburg Local Division's decision to grant a Preliminary Injunction (PI) in Occlutech v Lepu based on Occlutech's patent for a braided occlusion device, EP 2 387 951. Of particular interest are the Court’s findings on imminent infringement, urgency and the balance of interests between the parties. Read more 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 u...

Nov 14, 20253 minEp. 8
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