Episode 6: You, me & the UPC

Preliminary Injunctions

13.05.2024

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In our sixth episode of You, me & the UPC, our patent litigation experts, Naomi Hazenberg and Charlie French, cover the eight UPC preliminary injunction (PI) decisions to date.

They discuss the legal points that have emerged from the various inter partes PI decisions, including the Court of Appeal decision in 10x Genomics v NanoString and the recent decision from the Düsseldorf Local Division in 10x Genomics v Curio, as well as ex parte PIs and the impact of filing a protective letter in the UPC.

Note: the UPC Court of Appeal’s decision in Vusion Group SA (formerly SES-imagotag SA) v Hanshow was published on 13 May 2024, shortly after this episode was recorded. The Court of Appeal upheld the earlier decision of the Munich Local Division to refuse the preliminary injunction request but did not address the question of whether the file wrapper should be consulted when construing patent claims (one of the open questions discussed in this episode).

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All information was correct at the time of recording. 

Naomi Hazenberg

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Charlie French

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