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Dual Use Technologies in Biotech and their Regulation in the EU and Germany
Preliminary injunctions in the UPC – lessons learnt
Two years in, the UPC has become a key forum for patent enforcement, offering swift preliminary injunctions across many EU states. Courts assess both infringement and patent validity rigorously, requiring applicants to act quickly and prepare thoroughly.
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UPC litigation in life sciences: seven early takeaways for the pharma, biotech and medical devices sectors
The Unified Patent Court (UPC) has become a crucial forum for life sciences patent litigation. Early rulings show strict claim interpretation, careful review of European Patent Office oppositions, and limits on the Bolar exemption. The UPC has clarified infringement tests for second medical use claims and considers patient interests in injunctions. These developments emphasise precise patent strategy, regulatory alignment, and proactive risk management for pharma, biotech, and medical device sectors.
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Revocation of life sciences patents in the UPC
The Unified Patent Court (UPC), active since June 2023, is seeing strong uptake in pharma and biotech. Revocation decisions show a balanced 50:50 win rate for patentees and challengers. Key legal standards on novelty, obviousness, and inventive step are emerging, though some aspects remain unclear. Strategic use of the UPC offers broad enforcement, but revocation risks are higher for single-patent portfolios. Legal uncertainties, like the Bolar exemption, still need clarification.
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The UPC going beyond its borders: how your company can profit from the latest case law
The UPC now allows life sciences companies to enforce European patents more efficiently across multiple countries through its long-arm jurisdiction. This lets patent holders sue distributors based in UPC member states in a single action, even if products are sold or made in non-UPC countries. Following key rulings the UPC can issue cross-border injunctions covering several national patent parts, while respecting jurisdiction limits on patent validity challenges.
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Word on the street at the J.P. Morgan Healthcare Conference 2025
What will 2025 bring for pharma & biotech patents?
5 Things to watch out for life sciences practitioners.
Life sciences M&A roundup: October 2024
Reporting clinical trial results to the market