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Darren Smyth

@dsmyth.bsky.social

343 followers 864 following 283 posts

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

Posts Replies Media

Darren Smyth @dsmyth.bsky.social · 19/09/2026

I don’t even consider myself a proper trekkie, but I am sad that for three years now I have referred to one scenario in my Ethics lecture as the Kobayashi Maru, and so far not one person has understood the reference.

Reposted by Darren Smyth

Dr Alfredo Carpineti @drcarpineti.bsky.social · 13/09/2026

What a pleasure and privilege being at the @rigb.org last night with such bunch of talented scientist and artists to celebrate Star Trek 60th birthday!

The seven of us speakers doing the Vulcan salute

Me in the faraday lecture theatre presenting

Me presenting in the faraday lecture theatre

Me and Martin Quinn who plays Scottie in SNW

Reposted by Darren Smyth

Guido Noto La Diega @guidonld.bsky.social · 07/09/2026

1/ 📢 Big news: we're hosting BILETA 2027! The 41st Annual Conference of the British and Irish Law, Education and Technology Association comes to Strathclyde Law School, Glasgow — 7-9 April 2027, hybrid format. First time in Scotland in almost a decade! 🧵

Darren Smyth @dsmyth.bsky.social · 03/09/2026

Scene at conference today 3pm: Me - I need to attack the cake because I have not eaten today Kind person organising the conference - we have some of the salad from lunchtime left if you would like some [awkward pause] Me - I think I will be fine with the cake thank you

Reposted by Darren Smyth

Jocelyn Bosse @jocelynbos.se · 25/08/2026

While catching up on the news about the negotiations of the UK-EU SPS Agreement, I had several questions about the potential (re-)inclusion of the UK within unitary EU plant variety rights: ipkitten.blogspot.com/2026/08/uk-e...

ipkitten.blogspot.com

UK eyes unitary plant variety right with the EU

The IPKat blog reports on copyright, patent, trade mark, info-tech and confidentiality issues from a mainly UK and European perspective.

Darren Smyth @dsmyth.bsky.social · 20/08/2026

I have done a review of recent(ish) Orders to Produce Evidence under Rule 190 at the UPC. There were not many in the early phase of the court, but there has been a flurry recently. www.eip.com/uk/case-repo...

UPC Orders to Produce Evidence: Rule 190 Explained | EIP

Recent UPC decisions clarify when courts will order a party to produce evidence under Rule 190, from source code to fabric samples and construction drawings.

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Darren Smyth @dsmyth.bsky.social · 02/08/2026

A sock company is emailing me trying to sell me socks and as a result I have had my first encounter with the term “dopamine dressing” and what is wrong with people?

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Reposted by Darren Smyth

Jocelyn Bosse @jocelynbos.se · 15/07/2026

Hi everyone, I'm hiring a post-doc to work on my FLF project on plant IP. Please spread the word! Queries about the nature of the role and working at Queen's should please be directed to my colleague, Dr Ethan Shattock. hrwebapp.qub.ac.uk/tlive_webrec...

hrwebapp.qub.ac.uk

Reposted by Darren Smyth

Anthony Michael Kreis @anthonymkreis.bsky.social · 15/07/2026

"England’s Birthright Citizenship" Another must-read by @kabcommons.bsky.social in the London Review of Books! American law professors have bastardized history for contemporary purposes, making fundamental mistakes about English law and practice along the way. www.lrb.co.uk/the-paper/v4...

Reposted by Darren Smyth

James Greenwood-Reeves @jgreenwoodreeves.bsky.social · 10/07/2026

So: @drfoxpopuli.bsky.social and I are thinking of proposing a Law and Drag current topic for SLSA 2026 in Newcastle next year! The question is: who would be willing to join us...? Comment, DM, send to friends and foes, etc if interested or want to bounce ideas! @lawsadrag.bsky.social

Darren Smyth @dsmyth.bsky.social · 02/07/2026

It's definitely a time to reflect on how canonically accurate Tom Lehrer was in the Vatican Rag. Secular Jewish guy - 1; SSPX - 0.

Darren Smyth @dsmyth.bsky.social · 02/07/2026

So, the Lefevrist group has been excommunicated again, following rogue episcopal ordinations yesterday. I recently went down a rabbit hole of a weirder trad group, the Palmarian Catholic Church: en.wikipedia.org/wiki/Palmari... They canonised Franco...

en.wikipedia.org

Palmarian Catholic Church - Wikipedia

Darren Smyth @dsmyth.bsky.social · 11/06/2026

The UPC has been generally sceptical about the value of prosecution history in claim interpretation. The Milan Local Division has considered that the statements made during prosecution confirmed their interpretation derived from the patent description. eip.com/uk/case-repo...

Prosecution History Carries Little Weight at the UPC | EIP | EIP

At the UPC, prosecution history is not binding when interpreting claims; in Agathon v Intercom the Milan Local Division gave it only low evidential weight.

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Darren Smyth @dsmyth.bsky.social · 09/06/2026

Not posted any UPC content for ages, so trying to make up for it. The Court of Appeal has issued a groundbreaking judgment, clarifying the scope of the UPC to decide infringement for non-UPC countries such as the UK, at least if defendants are based in UPC territory: eip.com/uk/case-repo...

UPC Court of Appeal Reverses Fujifilm v Kodak Infringement | EIP

The UPC Court of Appeal reverses Mannheim's Fujifilm v Kodak infringement findings for Germany and the UK, upholds patent validity, and clarifies non-EU jurisdiction.

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Reposted by Darren Smyth

Dr Jamie Gallagher @jamiebgall.co.uk · 02/06/2026

It’s Pride 🏳️‍🌈 Spare one repost for a small creator? 🥺 My science and sci fi pins raise money for homeless LGBTQ+ people. Just sent another £800 to @aktcharity.bsky.social bringing total to £47,521 New for Pride 2026: 🌈Scientist🌈 🏳️‍🌈🐥🦜🦅🏳️‍🌈 🌈pronouns🌈 www.jamiebgall.co.uk/shop

Pin badge “scientist” in rainbow motif

Two bird pins. A series if birds sitting on a branch. Each bird is the colour of a stripe on the rainbow flag.

Pronoun pins with rainbow motif:
She her
He him
She they
He they
They them

An array of pride themed science and sci fi pins.

Reposted by Darren Smyth

LGBTQ+ STEM @lgbtqstem.bsky.social · 28/05/2026

While this heat wave is cooling down, we are just heating up. STEMinar incoming! sites.google.com/view/lgbtqst... What fields you want to see represented at the STEMinar? Encourage those advancing their frontiers to come to the STEMinar and/or contribute a talk.

sites.google.com

LGBTQ+ STEMinar 2026

After a hiatus, we are ecstatic to bring back the LGBTQ+ STEMinar this 6th of November 2026 to be held in person at Queen Mary University of London.

Darren Smyth @dsmyth.bsky.social · 15/05/2026

I think I got this one - but relates to UK only: Patent Trademark Design Copyright Semiconductor topography Peter Pan

Darren Smyth @dsmyth.bsky.social · 31/03/2026

I was surprised and hugely touched to be awarded the Moot Champion honour at the end of this year’s Oxford International IP Law Moot. For quietly judging the rounds over more than a decade. It was very generous of the organisers to think of me.

Certificate that relevantly says: Presented in recognition of long term support for the moot.

Darren Smyth @dsmyth.bsky.social · 21/03/2026

I may have insufficient reach to be asking this here, but anyone going to the Oxford International Intellectual Property Law Moot next week? I will be judging and looking forward to seeing everyone there.

Reposted by Darren Smyth

Sarah Rajec @sarahrajec.bsky.social · 08/02/2026

Our recently-published article in the Yale Journal of Law & Technology is here: yjolt.org/patenting-ta...

Patenting the Taboo: Sex, Drugs, and Abortion | Yale Journal of Law & Technology

Darren Smyth @dsmyth.bsky.social · 13/10/2025

That would be Columbia. Columbus is a flower of the genus Aquilegia.

Darren Smyth @dsmyth.bsky.social · 06/09/2025

@mattfatmarrow.bsky.social Hi Matt - lovely to find you here. How are you doing?

Darren Smyth @dsmyth.bsky.social · 06/08/2025

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...

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 ...

Reposted by Darren Smyth

Jocelyn Bosse @jocelynbos.se · 02/08/2025

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-...

ipkitten.blogspot.com

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.

Darren Smyth @dsmyth.bsky.social · 29/07/2025

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.

Darren Smyth @dsmyth.bsky.social · 25/07/2025

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...

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...

Darren Smyth @dsmyth.bsky.social · 23/07/2025

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...

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...

Darren Smyth @dsmyth.bsky.social · 17/06/2025

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...

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...

Darren Smyth @dsmyth.bsky.social · 10/06/2025

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...

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...

Reposted by Darren Smyth

Jocelyn Bosse @jocelynbos.se · 30/04/2025

Really important and excellent post, given some of the misleading reporting over the last week or so!

Darren Smyth @dsmyth.bsky.social · 07/02/2025

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...

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...

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Darren Smyth @dsmyth.bsky.social · 05/02/2025

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...

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...

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Darren Smyth @dsmyth.bsky.social · 04/02/2025

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...

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...

Darren Smyth @dsmyth.bsky.social · 04/02/2025

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...

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 ...

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Darren Smyth @dsmyth.bsky.social · 31/01/2025

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...

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...

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Darren Smyth @dsmyth.bsky.social · 30/01/2025

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...

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/...

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Darren Smyth @dsmyth.bsky.social · 29/01/2025

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...

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...

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Darren Smyth @dsmyth.bsky.social · 27/01/2025

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...

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 ...

Darren Smyth @dsmyth.bsky.social · 24/01/2025

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...

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...

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Darren Smyth @dsmyth.bsky.social · 24/01/2025

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...

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...

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Darren Smyth @dsmyth.bsky.social · 22/01/2025

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...

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...

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Darren Smyth @dsmyth.bsky.social · 22/01/2025

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...

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...

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Darren Smyth @dsmyth.bsky.social · 21/01/2025

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...

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...

Darren Smyth @dsmyth.bsky.social · 21/01/2025

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...

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...

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Darren Smyth @dsmyth.bsky.social · 21/01/2025

This is an interesting pair of cases where ex parte injunctions were sought but refused; however the UPC agreed to order seizure of products (at an exhibition), for which the threshold is lower. eip.com/uk/latest/ar...

UPC grants two orders to seize suspected infringing motorcycle tyres

Pirelli Tyre S.P.A. v Tianjin Kingtyre Group Co., Ltd. and Kingtyre Deutschland Gmbh. (UPC_CFI _650/2024 relating to EP2519412B1) Pirelli Tyre S.P.A. v Sichuan Yuanxing Rubber Co., Ltd. and China Co...

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Darren Smyth @dsmyth.bsky.social · 17/01/2025

UPC declines to order a provisional injunction where the balance of harm clearly favours the defendant. The defendant had a small market share and had been on the market for a considerable time. eip.com/uk/latest/ar...

UPC denies provisional injunction on tool for adjusting the height of cabinet legs

Häfele SE & Co KG v Kunststoff KG Nehl & Co (UPC_CFI_443/2024 relating to EP3767151) Order of 25 November 2024 (ORD_62433/2024 [1]) This Decision from the Court of First Instance of t...

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Darren Smyth @dsmyth.bsky.social · 17/01/2025

UPC rules that a claimant who has been required to deposit a security for costs (in a revocation action) does not in general get the money back after winning at first instance only - they need to wait until any appeal is concluded. eip.com/uk/latest/ar...

Security not released after revocation at first instance

NanoString Technologies Europe Limited v. President and Fellows of Harvard College (UPC_CFI_252/2023) Decision of 17 December 2024 (Order no. ORD_56957/2024 relating to EP 2 794 928 B1) Introducti...

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Darren Smyth @dsmyth.bsky.social · 17/01/2025

I don't think I am the only person that thought the first instance decision was correct here. However, CoA has overturned and ruled that that a national action commenced before the UPC begun does not preclude withdrawal of an opt out. eip.com/uk/latest/ar...

UPC Court of Appeal Overturns Helsinki on Opt Out Withdrawal

AIM Sport v Supponor UPC_CoA_489/2023 and UPC_CoA_500/2023 Decision of 12 November 2024 (ORD_598488/2023 & ORD_598489/2023) AIM Sport had brought both provisional injunction and infringement p...

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Darren Smyth @dsmyth.bsky.social · 17/01/2025

The Milan local division gives us a rare ex parte provisional injunction. eip.com/uk/latest/ar...

UPC grants provisional injunction ex parte on motorbike helmet intercoms system

Cardo Systems, Ltd. v Shenzhen Asmax Infinite Technology Co., Ltd. and Hong Kong Yiheng International Technology Co. Limited (UPC_CFI_643/2024 relating to EP4240194) Order of 5 November 2024 (ORD_59...

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