You, me & the UPC

Hosted by Bristows LLP

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Episodes

113

Latest episode

Nov 2026

Language

EN-GB

About the show

Bristows' patent litigation experts unpack key UPC decisions, explore their implications, and share practical strategies to help your business navigate the UPC with confidence. Note: All information was correct at the time of recording.

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60 recent

November 13, 2026Episode 1042 min

Case by case | Court of Appeal clarifies public prior use test in partial revocation of Agfa patent

On 21 October 2026, the Court of Appeal (CoA) partially overturned a decision of the Hamburg Local Division (LD) concerning Agfa’s patent for methods of decorating natural leather. The LD had dismissed both Agfa’s infringement action against Gucci and Gucci’s counterclaims for revocation. Listen to Alex Mocanu's update today. Check out our UPC case tracker which outlines the most noteworthy decisions issued by the Unified Patent Court (UPC) since its inception. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us on LinkedIn .

November 13, 2026Episode 1035 min

Case by case | The Munich LD considers whether damages can extend beyond the infringing product

Cassie Blackburn provides an update on the ongoing dispute between Edwards Lifesciences and Meril. The Munich LD has given its first ruling applying the “ lay open books ” procedure under r. 141 RoP. Following a finding on infringement, Edwards applied for determination of damages and an order under r. 141. Check out our UPC case tracker which outlines the most noteworthy decisions issued by the Unified Patent Court (UPC) since its inception. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us on LinkedIn .

November 6, 2026Episode 1022 min

Case by Case | Court of Appeal rules there is no right to appeal decisions on re-establishment of rights

On 13 October 2026, the Court of Appeal (CoA) dismissed Rematec GmbH & Co KG’s application for leave to appeal against a Mannheim Local Division (LD) order concerning two unsuccessful applications for cost decisions. Following decisions on the merits in both LD and CoA infringement/revocation proceedings against Europe Forestry, Rematec had missed the deadlines for applications for both cost decisions. Listen to Ben Reeves ' overview of the decision in this episode. Check out our UPC case tracker which outlines the most noteworthy decisions issued by the Unified Patent Court (UPC) since its inception. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us on LinkedIn .

October 30, 2026Episode 1012 min

Case by Case | Paris Local Division finds Align’s clear-aligner patent valid and infringed

Melissa Dix talks you through a Paris LD decision from 16 October 2026. The Paris LD held that Align’s patent relating to orthodontic clear aligners was valid and infringed by Angelalign. The Court granted an injunction covering 17 UPC Member States, together with recall, removal, destruction, information and damages. However, it dismissed Align’s arguments relating to allegedly infringing acts in the UK, holding that Align had failed to substantiate the applicable UK law and, in any event, had not established that the relevant defendants had committed infringing acts in the UK. Check out our UPC case tracker which outlines the most noteworthy decisions issued by the Unified Patent Court (UPC) since its inception. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us on LinkedIn .

October 30, 2026Episode 1003 min

Case by Case | Court of Appeal provides guidance on electronic signatures and language of proceedings in Esko dispute

The Court of Appeal (CoA) has confirmed the limited circumstances in which it will interfere with First Instance determinations concerning language and has also provided clarity on formalities relating to electronic signatures on filed pleadings. Tune in to hear Florence Plisner overview of the decision. Check out our UPC case tracker which outlines the most noteworthy decisions issued by the Unified Patent Court (UPC) since its inception. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us on LinkedIn .

October 23, 2026Episode 992 min

Case by Case | Düsseldorf LD clarifies limits of r.171(2) RoP.

Milly Wickson discussed the Inficon v Elitech decision from the Düsseldorf LD today. On 6 October 2026, the Düsseldorf LD clarified the limits of r.171(2) RoP when assessing technical evidence of infringement in Inficon v Elitech. Check out our UPC case tracker which outlines the most noteworthy decisions issued by the Unified Patent Court (UPC) since its inception. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us on LinkedIn .

October 16, 2026Episode 982 min

Case by Case | Court of Appeal (CoA) grants NVIDIA reinstatement following earlier CoA clarification on conditional revocation appeals

Sam Harvey unpacks a Court of Appeal (CoA) decision today. BF exaCQ AG and ParTec AG, the claimants in these proceedings, had brought patent infringement proceedings against the defendant, NVIDIA in front of the Munich Local Division (LD). In response, the defendant filed a conditional counterclaim for revocation of the patent in-suit, agreeing that a decision on validity would only be required if the patent was found to be infringed. Check out our UPC case tracker which outlines the most noteworthy decisions issued by the Unified Patent Court (UPC) since its inception. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us on LinkedIn .

October 16, 2026Episode 972 min

Case by Case | Brussels Local Division rejects disclosure requests and confirms entitlement may be raised as a defence

The Brussels LD has refused the defendants’ requests for disclosure in 2seventy bio v Johnson & Johnson and in doing so, provided important guidance on entitlement challenges and the procedural status of patent proprietors in UPC proceedings. Luke Norton explains more in this episode. Listen today. Check out our UPC case tracker which outlines the most noteworthy decisions issued by the Unified Patent Court (UPC) since its inception. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us on LinkedIn .

October 9, 2026Episode 965 min

Case by Case | Oxford Nanopore secures provisional measures for nanopore sequencing technology

On 15 September 2026, the Munich Local Division (LD) granted Oxford Nanopore Technologies (Oxford) interim relief against MGI, in relation to two patents concerning nanopore sequencing technology and MGI’s Cyclone sequencing platform. The relief awarded extends beyond the UPC contracting member states to the United Kingdom, Ireland, Switzerland and Liechtenstein. Kate O'Sullivan dives into the detail of this decision today. Listen now. For more UPC developments, explore our UPC case tracker . Check out our UPC case tracker which outlines the most noteworthy decisions issued by the Unified Patent Court (UPC) since its inception. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us on LinkedIn .

October 8, 2026Episode 956 min

Case by Case | Court of Appeal clarifies res judicata, prior use rights and rule 171.2 challenges

Nischay Mall speaks on the Court of Appeal decision in Heraeus Electronics v Vibrantz today. The decision addresses a number of important procedural and substantive issues, including the effect of national validity judgments before the UPC, the scope of r. 362 RoP, the evidential consequences of a pleading made " on the grounds of lack of knowledge " under r. 171.2 RoP, the relationship between Art. 28 UPCA and national prior user rights, and the circumstances in which infringing conduct in one Contracting Member State can support relief in others. For more UPC developments, explore our UPC case tracker . Check out our UPC case tracker which outlines the most noteworthy decisions issued by the Unified Patent Court (UPC) since its inception. If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com . Find all the episodes as we release them here . Follow us on LinkedIn .