Darren Smyth @EIP_Knowledge
Head of Knowledge at EIP, chemistry specialist patent attorney. Committee Member @ip_out 🏳️🌈Blogs at https://t.co/UIunjHXkJC He/him eip.com/uk/people/darr… London Joined July 2011-
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Here is my report of the state of play at the Unified Patent Court after two years of operation. The new thing in the last six months - lots of cases now settling or otherwise being withdrawn. I estimate the rate about 18% as a lower bound. eip.com/uk/latest/arti…
The avalanche transceiver dispute at the UPC reaches its next stage, with the patentee now having prevailed in the action on the merits (after obtaining a provisional injunction).
The avalanche transceiver dispute at the UPC reaches its next stage, with the patentee now having prevailed in the action on the merits (after obtaining a provisional injunction).
The UPC doing their best to make patents enforceable despite difficulties in service in China. Two interesting decisions by default relating to provisional injunctions.
The UPC doing their best to make patents enforceable despite difficulties in service in China. Two interesting decisions by default relating to provisional injunctions.
The UPC has considered infringement by equivalents a few times. Here, it declined to opine on a specific test, noting that any test requires functional equivalence as a prerequisite, which was lacking in the case.
The UPC has considered infringement by equivalents a few times. Here, it declined to opine on a specific test, noting that any test requires functional equivalence as a prerequisite, which was lacking in the case.
Attempts to set aside a decision by default failed. The original failure to meet the defence deadline is confirmed as fatal by the court (although still subject to appeal).
Attempts to set aside a decision by default failed. The original failure to meet the defence deadline is confirmed as fatal by the court (although still subject to appeal).
I argue that the UPC ruling that is has jurisdiction over the UK part of a European patent to consider infringement is a conventional reading of the Brussels Ibis Regulation - German court has jurisdiction over German defendants is a less controversial reading of the case.
I argue that the UPC ruling that is has jurisdiction over the UK part of a European patent to consider infringement is a conventional reading of the Brussels Ibis Regulation - German court has jurisdiction over German defendants is a less controversial reading of the case.
Here, the UPC elects to extend a period for one of the defendants, rather than order a stay, in view of upcoming EPO appeal hearing.
Here, the UPC elects to extend a period for one of the defendants, rather than order a stay, in view of upcoming EPO appeal hearing.
For at least the second time, the UPC Court of Appeal has reversed a first instance decision that I thought was clearly correct. I had better stop predicting.
For at least the second time, the UPC Court of Appeal has reversed a first instance decision that I thought was clearly correct. I had better stop predicting.
Provisional injunction on hand held vacuum cleaners overturned on appeal as CoA was not convinced the accused products worked as the patent claim requires.
Provisional injunction on hand held vacuum cleaners overturned on appeal as CoA was not convinced the accused products worked as the patent claim requires.
Having prevailed at the central division with the patent maintained in amended form, Edwards is also successful at the Munich local division in asserting its patent on prosthetic heart valves against Meril. Monika Rai reports - eip.com/uk/latest/arti…
This is the second DexCom case at the Paris Local Division to be decided purely on the issue of the validity of the patent. (The first case was one of the very first UPC decisions on the merits).
This is the second DexCom case at the Paris Local Division to be decided purely on the issue of the validity of the patent. (The first case was one of the very first UPC decisions on the merits).
The UPC has confirmed that breach of a standstill agreement between the parties does not deprive the Court of jurisdiction, nor does it render an action inadmissible. It can only give rise to liability for breach of contract. @EIP_Knowledge reports - eip.com/uk/latest/arti…
This is an interesting little judgment clarifying what a patentee must do after securing a provisional injunction by the mandatory deadline in order for the injunction not to be revoked.
This is an interesting little judgment clarifying what a patentee must do after securing a provisional injunction by the mandatory deadline in order for the injunction not to be revoked.
This is a really interesting decision from the UPC finding infringement by equivalent means, and suggesting a 4 stage test by which equivalents should be assessed. We shall see if it is adopted more widely.
This is a really interesting decision from the UPC finding infringement by equivalent means, and suggesting a 4 stage test by which equivalents should be assessed. We shall see if it is adopted more widely.
Insulet fails in two actions for provisional injunctions against EOFLOW and Menarini, respectively. Menarini in turn had failed to get the actions joined, or to intervene in the other case.
Insulet fails in two actions for provisional injunctions against EOFLOW and Menarini, respectively. Menarini in turn had failed to get the actions joined, or to intervene in the other case.
This is an interesting pair of cases where ex parte injunctions were sought but refused; however the UPC agreed to order seizure of products (at an exhibition), for which the threshold is lower.
This is an interesting pair of cases where ex parte injunctions were sought but refused; however the UPC agreed to order seizure of products (at an exhibition), for which the threshold is lower.
Another case in which the UPC declines a provisional injunction where the balance of harm clearly favours the defendant.
Another case in which the UPC declines a provisional injunction where the balance of harm clearly favours the defendant.
UPC rules that a claimant who has been required to deposit a security for costs (in a revocation action) does not in general get the money back after winning at first instance only - they need to wait until any appeal is concluded.
UPC rules that a claimant who has been required to deposit a security for costs (in a revocation action) does not in general get the money back after winning at first instance only - they need to wait until any appeal is concluded.
I don't think I am the only person that thought the first instance decision was correct here.
The Milan local division gives us a rare ex parte provisional injunction.

David K Smith @professor_dave
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310 Followers 935 Following Editor and copywriter poking his nose into intellectual property. Reach me at [email protected] (editor WIPR/LSIPR); [email protected] (copywriting)Prof Dinusha Mendis @LawTechGadget
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Samuel Samiái Andrew... @samiai
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3K Followers 2K Following Professor @UCTLaw, SARChI Research Chair @IPChairUCT, Co-Editor SA IPLJ. MASSAf. SAWISA 24 Distinguished Woman Researcher (HSS).
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ندى الطنطاو... @Chemist2060
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16K Followers 3K Following Digital chemist | "Aggressively sciency'' | Buchwald-Hartwig = best reaction | Making lab science faster and better | She/her
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875 Followers 783 Following KC (King's Counsel) barrister, intellectual property law. Views my own. RT/like/follow = of interest.
Intellectual Property... @The_IPO
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Masa🌻 @hizaga
4K Followers 3K Following I am American from Los Angeles. Hapa living in Tokyo. 昭和44=1969 This is my personal area. It is discrete from anything else.
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712 Followers 119 Following Prof. at @stanford.edu & Core Investigator at @arcinstitute.org | Uncovering drug targets and therapeutics in innate immunity and for cancer and autoimmunity
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1K Followers 2K Following Bridging microED and MS with automation and data science. Staff Scientist @TheNelsonLab @CaltechCCE | #CASFutureLeaders’2025
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7K Followers 484 Following Apokatastasis is but the gospel of Christ’s absolute and unconditional love sung in an eschatological key.
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197 Followers 264 Following University of Technology Sydney IP and Human Rights Lawyer
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1K Followers 694 Following Lecturer (Assistant Prof) in Intellectual Property Law @UCLLaws and Co-Director of @UCL_IBIL Co-Managing Editor of #KluwerCopyrightBlog
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1K Followers 2K Following Intellectual Property law | Copyright | Law & Tech | Senior Lecturer @Macquarie_Uni
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310 Followers 935 Following Editor and copywriter poking his nose into intellectual property. Reach me at [email protected] (editor WIPR/LSIPR); [email protected] (copywriting)Prof Dinusha Mendis @LawTechGadget
2K Followers 917 Following Academic. Professor of Intellectual Property (IP) Law; Tweets about #IP ⚖️ #copyright ©️ and new #tech 🤖 AI, blockchain, NFTs, metaverse, 3D printing @cippm
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534 Followers 383 Following The Queer Judgments Project seeks to re-imagine and re-write cases relating to sexual orientation, gender identity and expression, and sex characteristics.
Vicki Huang @DrV_Huang
117 Followers 269 Following
NOVA IPSI @nova_ipsi
856 Followers 2K Following Inactive account. Follow us on: https://t.co/efPsnmxzls https://t.co/P68V9wzFo7 https://t.co/e7qYadoGi2