Tuesday 3 October 2023

The Unified Patent Court's First Cases

Helsinki
Author Fileri Licence CC BY-SA 3.0 Deed Source Wik (Wikipedia Commons






















The Unified Patent Court opened its doors on 1 June 2023 (see The Unified Patent Court Opens Today 1 June 2023).  There have already been proceedings in both of the Central Divisions of the Court of First Instance in Paris and Munich as well as the local divisions in Düsseldorf, Hamburg, Helsinki, Milan, Munich and The Hague. There have also been hearings.

One of those hearings was in Helsinki where the court was scheduled to hear an application by the claimant for provisional measures and a preliminary objection from the defendant in an action that the Swiss company AIM Sport Vision AG has brought against Supponor Oy of Finland and others on 21 Sept 2023 (see Upcoming hearing at the UPC Local Division Helsinki posted on 12 Sept 2023).  Readers will recall that AIM Sport Vision AG sued Suppronor Oy in London earlier this year alleging infringement of  EP 3 295 663 B1.   I commented on the trial in Patents - AIM Sport Vision v Supponor on 5 Sept 2023.  According to the presiding judge's order of 28 Aug 2023, AIM Sport Vision complains of infringement of the same patent.

Occado and AutoStore were also against each other in London earlier in the year  (see Autostore Technology AS v Ocado Group Plc and others [2023] EWHC 716 (Pat) (30 March 2023).  I discussed the action in Patents - AutoStore Technology AS v Ocado Group Plc on 16 April 2023 in NIPC Law. Proceedings had been issued by Occado against AutoStore in Milan but these appear to have settled (see the minute of order of 11 Sept 2023).

The proceedings that have taken place so far have ranged from applications for orders for the preservation of evidence to directions for the conduct of the litigations.  They have been conducted in Dutch and Italian as well as English, French and German,  Anyone wishing to read those decisions will find them at "Decisions and Orders" on the Unified Patent Court website,

Readers wishing to discuss this topic may call me on +44 (0)20 7494 5252 during normal office hours or message me through my contact page at all other times.

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