In a same-day companion ruling to Meril v. Edwards, the UPC Court of Appeal articulated a comprehensive inventive-step framework: identify the objective problem from the perspective of the skilled person, choose a realistic starting point in the prior art, and assess whether the skilled person ̵
Same-day companion to Amgen v. Sanofi/Regeneron, the UPC Court of Appeal in Meril v. Edwards held that the ‘same parties’ test under Art. 33(4) UPCA looks to identity of interests; that disclosed embodiments are generally covered by the patent claims unless the specification clearly teac
The UPC Court of Appeal set out a workable test for when a generic pharmaceutical’s pre-launch activity creates an imminent threat of infringement supporting provisional measures: a bare marketing authorisation does not, but completion of national health-technology-assessment, pricing, and rei
The UPC Düsseldorf Local Division articulated the substantive framework for second medical-use claim infringement: the alleged infringer must offer or place the medicinal product on the market in a way that leads or may lead to the claimed therapeutic use, with knowledge or constructive knowledge th
The CJEU Grand Chamber held that Article 4(1) of Regulation 1215/2012 entitles a court of a defendant’s domicile member state to hear infringement claims regarding a European patent’s national parts validated in other member states (and even in non-EU states), notwithstanding invalidity