News & Knowledge

UPC-Update

Dr. Michael Rüberg, Attorney at Law at BOEHMERT & BOEHMERT

BSH as a Gateway to Cross-Border Patent Enforcement: The Regeneron/Bayer vs Formycon and Onesta vs BMW Cases

IP-Update
The CJEU ruling in BSH v. Electrolux (C-339/22) changes the rules of the game. National courts emerge as pivotal nodes in transnational disputes and can rule on patent infringements even if the patent is valid in several countries. Initial practical cases demonstrate the scope of this ruling. With its…
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Effective preser­vation of evi­dence at the UPC: Guide­lines from Brussels, Mann­heim, and Düssel­dorf

UPC-Update
With its latest decisions, the Unified Patent Court has clarified the instruments of evidence preservation and inspection orders under Article 60 UPCA and Rules 192 et seq. RoP. It is becoming apparent that evidence preservation measures before the UPC are a strategically effective tool. In recent months,…
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Changes to the infringing product in ongoing UPC-proceedings

UPC-Update
How to get a statement from the UPC that my once infringing product is no longer infringing Last week we looked at the decision in the case UPC_CFI_386/2024 between HL Display AB and Black Sheep Retail Products B.V. of 10 October 2025 by the Local Division (LD) of The Hague with regards to its implications…
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The Unified Patent Court’s “Black Sheep”: Long-Arm Jurisdiction

UPC-Update
Far-reaching jurisdiction of the UPC: balancing efficiency and respect for national courts On 10 October 2025, the Local Division (LD) of The Hague of the Unified Patent Court (UPC) delivered a decision in the case UPC_CFI_386/2024 between HL Display AB and Black Sheep Retail Products B.V. The ruling,…
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First Substantive Decisions of the UPC Court of Appeal: Seoul Viosys and Philips v. Belkin

UPC-Update
The decisions provide initial legal certainty on issues of disclosure, interpretation, infringement, and directors’ liability. 1. Context and Significance In October 2025, the Court of Appeal of the Unified Patent Court (UPC) issued its long-awaited first substantive decisions: (i) the decision…
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The UPC and its hardline stance on late filing

UPC-Update
All reasonably available evidence and arguments should be submitted as early as possible. Submitting prior art and arguments based on it at a later stage risks their rejection. Early investment is essential; the respective initial pleadings in the proceedings should be as airtight as possible. In a…
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All Along the Wash­tower: Local Division The Hague Digs in its Heels on Equiva­lence in Washtower v. Defendants

UPC-Update
In the second decision on the doctrine of equivalence before the Local Division The Hague (Washtower v. Defendants, Order delivered on 11. September 2025, UPC_CFI_479/2025) the chamber reiterated the standard it had developed – or rather transplanted – and applied in Plant-e v. Bioo (UPC_CFI_239/2023). By…
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Protection of confidential information before the UPC

UPC-Update
Current developments regarding Rule 262A of the Rules of Procedure – protection of confidential information – before the Unified Patent Court Under Rule 262A of the Rules of Procedure, a party may request the Unified Patent Court (UPC) to grant special protection to certain confidential information…
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Cross-Border Injunctions before the UPC – Dyson v. Dreame

UPC-Update
Cross-Border Injunctions before the Unified Patent Court: Lessons from the Dyson v. Dreame Decision The Unified Patent Court (UPC) continues to shape the European patent litigation landscape, and its recent decision in Dyson v. Dreame (Final Order, 14th of August 2025, UPC_CFI_387/2025, ACT_20368/2025)…
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