Darren Smyth
@dsmyth.bsky.social
Patent attorney and Head of Knowledge at EIP, intellectual property law lecturer (Honorary Professor at Queen Mary), chemist
Legal commentary and LGBTQ+ inclusion
Based in London
Legal commentary and LGBTQ+ inclusion
Based in London
That would be Columbia.
Columbus is a flower of the genus Aquilegia.
Columbus is a flower of the genus Aquilegia.
That's a column
Columbus is the red head who loves Eddie in Rocky Horror
Columbus is the red head who loves Eddie in Rocky Horror
That's Columba.
Columbus is a narrow vertical structure supporting floors or the roof of a building
Columbus is a narrow vertical structure supporting floors or the roof of a building
October 13, 2025 at 7:10 PM
That would be Columbia.
Columbus is a flower of the genus Aquilegia.
Columbus is a flower of the genus Aquilegia.
@mattfatmarrow.bsky.social Hi Matt - lovely to find you here. How are you doing?
September 6, 2025 at 10:12 AM
@mattfatmarrow.bsky.social Hi Matt - lovely to find you here. How are you doing?
A provisional injunction ordered by the UPC where the defendant declined to attend the hearing.
The defendant was responsible for the CE marking of the product, and this was sufficient for intermediary liability under EU law (even if they were not committing infringing acts)
eip.com/uk/latest/ar...
The defendant was responsible for the CE marking of the product, and this was sufficient for intermediary liability under EU law (even if they were not committing infringing acts)
eip.com/uk/latest/ar...
UPC grants provisional injunction and clarifies intermediary liability
Aesculap AG v Shanghai International Holding Corporation GmbH (Europe) (UPC_CFI_213/2025 relating to EP2892442B1) Order of 10 July 2025 (ORD_32728/2025 [1]) This Decision from the Düsseldorf ...
eip.com
August 6, 2025 at 3:27 PM
A provisional injunction ordered by the UPC where the defendant declined to attend the hearing.
The defendant was responsible for the CE marking of the product, and this was sufficient for intermediary liability under EU law (even if they were not committing infringing acts)
eip.com/uk/latest/ar...
The defendant was responsible for the CE marking of the product, and this was sufficient for intermediary liability under EU law (even if they were not committing infringing acts)
eip.com/uk/latest/ar...
Reposted by Darren Smyth
What's the worst that can happen if you ignore notifications for a while?
After the 'Melrose' potato PVR was cancelled, the CJEU yesterday explored how plant variety rights owners can prove "force majeure," and the lawfulness of electronic communications:
ipkitten.blogspot.com/2025/08/you-...
After the 'Melrose' potato PVR was cancelled, the CJEU yesterday explored how plant variety rights owners can prove "force majeure," and the lawfulness of electronic communications:
ipkitten.blogspot.com/2025/08/you-...
You snooze, you lose: CJEU upholds cancellation of plant variety rights for failure to pay fees on time
The IPKat blog reports on copyright, patent, trade mark, info-tech and confidentiality issues from a mainly UK and European perspective.
ipkitten.blogspot.com
August 2, 2025 at 10:19 AM
What's the worst that can happen if you ignore notifications for a while?
After the 'Melrose' potato PVR was cancelled, the CJEU yesterday explored how plant variety rights owners can prove "force majeure," and the lawfulness of electronic communications:
ipkitten.blogspot.com/2025/08/you-...
After the 'Melrose' potato PVR was cancelled, the CJEU yesterday explored how plant variety rights owners can prove "force majeure," and the lawfulness of electronic communications:
ipkitten.blogspot.com/2025/08/you-...
OK, I am finally succumbing.
I am a priest (Church of England or Roman Catholic) celebrating Mass in a Church. I am wearing the stole on top of the chasuble.
When not celebrating Mass, I am mostly moving hymnbooks around.
I am a priest (Church of England or Roman Catholic) celebrating Mass in a Church. I am wearing the stole on top of the chasuble.
When not celebrating Mass, I am mostly moving hymnbooks around.
Hello, I'm a chemist in a film. I have multiple PhDs yet apparently also have an elaborate beauty regime while only being 22 years old. Also I can identify any molecule by putting it into a machine and typing some random keys. Or possibly just by looking at it.
Hello, I'm a DJ in a film. I do not own any clothing with brand logos and every close up shows me using the pitch fader to turn up the volume when I perform -- on a CD-J deck with no wires connected to it.
July 29, 2025 at 4:34 PM
OK, I am finally succumbing.
I am a priest (Church of England or Roman Catholic) celebrating Mass in a Church. I am wearing the stole on top of the chasuble.
When not celebrating Mass, I am mostly moving hymnbooks around.
I am a priest (Church of England or Roman Catholic) celebrating Mass in a Church. I am wearing the stole on top of the chasuble.
When not celebrating Mass, I am mostly moving hymnbooks around.
There is asymmetry to the criteria for a decision by default at the UPC under Rule 355. If a defendant defaults, the court must examine the merits to determine whether the relief sought is warranted. But if a claimant defaults, the court can simply dismiss the action.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
Court of Appeal Clarifies UPC rules on decisions by default
Suinno Mobile & AI Technologies Licensing Oy v Microsoft Corporation UPC_CoA_363/2025 Decision of 12 July 2025 ORD_32844/2025[1] The UPC Court of Appeal has corrected a lower court’s mis...
eip.com
July 25, 2025 at 9:55 AM
There is asymmetry to the criteria for a decision by default at the UPC under Rule 355. If a defendant defaults, the court must examine the merits to determine whether the relief sought is warranted. But if a claimant defaults, the court can simply dismiss the action.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
So, it turns out that no, you can't sue someone at the UPC and then demand security for your legal costs for them to have the privilege of defending themselves. Only a defendant can seek security for costs. The UPC Court of Appeal ends some first instance madness.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
UPC Court of Appeal Clarifies Limits on Security for Costs in Emboline v. AorticLab
In a significant ruling before the Unified Patent Court (UPC)[1], the Court of Appeal has clarified that a claimant in an infringement action cannot request security for costs from a defendant who fil...
eip.com
July 23, 2025 at 4:01 PM
So, it turns out that no, you can't sue someone at the UPC and then demand security for your legal costs for them to have the privilege of defending themselves. Only a defendant can seek security for costs. The UPC Court of Appeal ends some first instance madness.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
We have had second medical use claims for decades, but it's not fully clear what has to be done to infringe them. This is the UPC's first judgment on the question, and contains a reasonable approach combining objective and subjective elements as to the defendant's knowledge.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
UPC Opines on Second Medical Use Claims
Sanofi Biotechnology SAS, Regeneron Pharmaceuticals Inc.,v Amgen Inc. and others UPC_CFI_505/2024 Decision of 13 May 2025 ORD_598583/2023 This decision from the Düsseldorf Local Division set...
eip.com
June 17, 2025 at 1:17 PM
We have had second medical use claims for decades, but it's not fully clear what has to be done to infringe them. This is the UPC's first judgment on the question, and contains a reasonable approach combining objective and subjective elements as to the defendant's knowledge.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
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/ar...
eip.com/uk/latest/ar...
The UPC two years on: Withdrawals of actions becoming prominent
The Unified Patent Court has now been running for two years. To mark the occasion, we have looked at the cases and the decisions over the past two years, and share our thoughts on the current state of...
eip.com
June 10, 2025 at 11:05 AM
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/ar...
eip.com/uk/latest/ar...
Reposted by Darren Smyth
Really important and excellent post, given some of the misleading reporting over the last week or so!
Me, @colinmurray.bsky.social , @anuragdeb.bsky.social & @sylviademars.me on the FWS judgment and the limits of its reach in Northern Ireland
administrativecourtblog.wordpress.com/2025/04/30/l...
administrativecourtblog.wordpress.com/2025/04/30/l...
Limits to the UK Supreme Court’s Reach: Northern Ireland, the Windsor Framework and Trans Rights
Introduction The judgment in For Women Scotland (FWS) Ltd v The Scottish Ministers [2025] UKSC 16 (‘FWS’) has sent a great many sectors across the UK scrambling to find out what, exactly, they are …
administrativecourtblog.wordpress.com
April 30, 2025 at 6:32 PM
Really important and excellent post, given some of the misleading reporting over the last week or so!
Reposted by Darren Smyth
Firms are offering fake inventorship credit on "UK design patents" and then obtaining UK registered designs. See our new preprint for more: doi.org/10.5281/zeno...
‘Patent mills’ sell scientists inventorship of bizarre medical devices
Thousands of U.K. “design registrations” sold to Indian academics in past 2 years, new research finds
www.science.org
February 20, 2025 at 9:59 PM
Firms are offering fake inventorship credit on "UK design patents" and then obtaining UK registered designs. See our new preprint for more: doi.org/10.5281/zeno...
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).
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
Ortovox vs Mammut
Local Division Düsseldorf Order dated 14th January 2025 UPC_CFI_16/2024, ACT_2379/2024, ORD_63035/2024[1] Infringement Action and Counterclaim for Revocation Background There is a proce...
eip.com
February 7, 2025 at 1:00 PM
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).
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
The UPC doing their best to make patents enforceable despite difficulties in service in China. Two interesting decisions by default granting provisional injunctions.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
Decisions by Default granting Provisional Injunctions
air up group GmbH v Guangzhou Aiyun Yanwu Technology Co., Ltd. UPC_CFI_508/2023 and UPC_CFI_509/2023 Decisions by default of 9 January 2025 (ORD_1359/2025[1] and ORD_1378/2025[2]) The claimant bro...
eip.com
February 5, 2025 at 11:45 AM
The UPC doing their best to make patents enforceable despite difficulties in service in China. Two interesting decisions by default granting provisional injunctions.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
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.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
Infringement action after evidence preservation order fails equivalents test
Jozef Frans Nelissen v OrthoApnea S.L., Vivisol B BV (UPC_CFI_376/2023) Decision of 17 January 2025[1] (ORD_598478/2023) One of the early evidence preservation orders from the UPC was granted by t...
eip.com
February 4, 2025 at 3:03 PM
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.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
The UPC confirms that having been refused an extension for filing a defence leading to a decision by default, a party cannot set aside the decision by default unless it can show justifiable reasons for missing the deadline.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
UPC Confirms Decision By Default
Bayerische Motoren Werke Aktiengesellschaft v ITCiCo Spain S.L. UPC_CFI_412/2023 Order of 9 January 2025[1] (ORD_58414/2024) BMW sought revocation of EP 2796333 belonging to ITCiCo. ITCiCo sought ...
eip.com
February 4, 2025 at 1:36 PM
The UPC confirms that having been refused an extension for filing a defence leading to a decision by default, a party cannot set aside the decision by default unless it can show justifiable reasons for missing the deadline.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
I argue that the UPC ruling that it 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.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
UPC weighs in on extraterritorial jurisdiction
FUJIFILM Corporation v Kodak Holding GmbH, Kodak GmbH, Kodak Graphic Communications GmbH UPC_CFI_355/2023 Decision of 28 January 2025[1] (ORD_598539/2023) Fujifilm brought an infringement action a...
eip.com
January 31, 2025 at 11:13 AM
I argue that the UPC ruling that it 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.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
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.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
Extension of time period for filing defence in view of parallel EPO appeal proceedings
Dainese S.p.A. v. Alpinestars S.p.A., Alpinestars Research S.p.A., Omnia Retail S.r.l., Horizon Moto 95 – Maxxess Cergy, Zund.Stoff Augsburg/Ulrich Herpich E.K., Motocard Bike S.I. (UPC_CFI_472/...
eip.com
January 30, 2025 at 12:36 PM
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.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
For at least the second time, the UPC Court of Appeal has reversed a first instance decision that I thought clearly correct. It has ruled that the UPC has jurisdiction to determine damages after a decision from a national court on infringement. I had better stop predicting.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
UPC Court of Appeal rules that UPC can determine damages following a national infringement decision
Fives ECL, SAS v. REEL GmbH UPC_CoA_30/2024 Order of 16 January 2025[1] (APL_4000/2024) Fives applied to the UPC Local Division in Hamburg for a determination of damages following a prior adjudica...
eip.com
January 29, 2025 at 3:12 PM
For at least the second time, the UPC Court of Appeal has reversed a first instance decision that I thought clearly correct. It has ruled that the UPC has jurisdiction to determine damages after a decision from a national court on infringement. I had better stop predicting.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
Provisional injunction on hand held vacuum cleaners overturned on appeal as CoA was not convinced the accused products worked as the patent claim requires.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
UPC sets aside provisional injunction on hand-held vacuum cleaners
SharkNinja Germany GmbH, SharkNinja Europe Limited v. Dyson Technology Limited (UPC_CFI_443/2023 and UPC_CoA_297/2024) Decisions of 5 May 2024 (Order no. ORD_598328/2023) and 3 December 2024 (Order ...
eip.com
January 27, 2025 at 2:45 PM
Provisional injunction on hand held vacuum cleaners overturned on appeal as CoA was not convinced the accused products worked as the patent claim requires.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
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.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
Edwards Lifesciences Corporation v. Meril Gmbh & Meril Life Sciences Pvt Ltd.
(Infringement action UPC_CFI_15/2023) Decision of 15 November 2024 (ORD_598479/2023[1]) The Munich Local Division (MLD) decided in favour of patentee Edwards Lifesciences Corporation (Edwards) wit...
eip.com
January 24, 2025 at 3:37 PM
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.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
The Paris Local Division has revoked a further DexCom patent on the ground of lack of inventive step. As in an earlier decision by the same division and similar parties relating to a different patent, in view of the finding of invalidity, infringement was not considered.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
Paris Local Division Revokes another DexCom Patent
DexCom, Inc. v Abbott Laboratories and 13 other Abbott entities UPC_CFI_395/2023 Decision of 11 December (ORD_63909/2024[1]) The second decision on the merits from the UPC came from the Paris Loca...
eip.com
January 24, 2025 at 3:34 PM
The Paris Local Division has revoked a further DexCom patent on the ground of lack of inventive step. As in an earlier decision by the same division and similar parties relating to a different patent, in view of the finding of invalidity, infringement was not considered.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
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.com/uk/latest/ar...
eip.com/uk/latest/ar...
Breach of a standstill agreement does not affect jurisdiction or admissibility
Tandem Diabetes Care, Inc., Tandem Diabetes Care Europe B.V. v Roche Diabetes Care GmbH UPC_CFI_454/2023 Decision of 18 December 2024 (ORD_598508/2023[1]) The claimants sought revocation of EP 219...
eip.com
January 22, 2025 at 5:01 PM
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.com/uk/latest/ar...
eip.com/uk/latest/ar...
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. An action on the merits must be filed, but the fee does not have to be received by the court.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
Infringement action following provisional injunction
Syngenta Limited v Sumi Agro Limited and Sumi Agro Europe Limited (UPC_CFI_201/2024) Order of 12 December 2024 (ORD_65555/2024[1]) As we reported,[2] Syngenta obtained a provisional injunction aga...
eip.com
January 22, 2025 at 11:46 AM
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. An action on the merits must be filed, but the fee does not have to be received by the court.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
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.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
UPC Finds Patent Infringed by Equivalence
Plant-e v Arkyne UPC_CFI_239/2023 Decision of 22 November 2024 (ORD_598516/2023 [infringement] ORD_598513/2023 [counterclaim for revocation]) The first claimant Plant-e Knowledge B.V. is proprieto...
eip.com
January 21, 2025 at 2:27 PM
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.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
Insulet fails in two provisional injunction applications against EOFLOW and Menarini respectively, mainly due to doubts about the validity of the patent. Menarini in turn had failed to get the actions joined, or to intervene in the other case.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...
UPC denies provisional injunction on insulin pump
Insulet Corporation v. EOFLOW Co., Ltd. (UPC_CFI_380/2024 relating to EP4201327) Order of 22 November 2024 (ORD_56716/2024 [1]) This Decision from the Court of First Instance of the Unified Patent...
eip.com
January 21, 2025 at 2:24 PM
Insulet fails in two provisional injunction applications against EOFLOW and Menarini respectively, mainly due to doubts about the validity of the patent. Menarini in turn had failed to get the actions joined, or to intervene in the other case.
eip.com/uk/latest/ar...
eip.com/uk/latest/ar...