Darren Smyth (@eip_knowledge) 's Twitter Profile
Darren Smyth

@eip_knowledge

Head of Knowledge at EIP, chemistry specialist patent attorney. Committee Member @ip_out 🏳️‍🌈Blogs at ipalchemist.com He/him

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linkhttps://www.eip.com/uk/people/darren-smyth calendar_today08-07-2011 14:53:30

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It was clear that the UPC was going to have to do something drastic to sort out the CMS, which has let down party representatives, judges, and court staff alike. As a patent attorney, I am quite pleased that they have turned to the European Patent Office for help!

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Cold chain monitoring is not a technology we often see in our courts, so this revocation action from the UPC was interesting. Patent was maintained with slight amendment.

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This is a really interesting provisional injunction decision on a patent relating to a mushroom strain. Genetic sequencing was needed to prove infringement. And we are reminded that mushrooms are not plants (or animals).

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It's quite creative of the UPC to deal with this appeal issue on ne ultra petita grounds, thereby dodging (for now at least) the question of under what circumstances the UPC can grant a provisional injunction extending outside the participating countries.

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The UPC Court of Appeal has unsurprisingly confirmed a rejection of a jurisdictional challenge by the Mannheim local division. A reasonable nexus of damage occurring within the jurisdiction is all that is required.

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Association football is not really my thing, but this provisional injunction decision is interesting, particularly on the issue of delay in starting the action. Although this was not determinative because the court doubted infringement as well.

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Reflecting on this decision, I am unsure whether arguing for direct infringement was advantageous to the patentee, because the scope of an injunction against indirect infringement is arguably broader. Anyway, a good outcome for them.

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Nice to see a herbicide case at the UPC. This decision has interesting analysis of when there is sufficient risk of infringement within UPC territory to warrant a provisional injunction.