UPC Analytics
DEEN

Entscheidungen

DatumFallKammerVerfahrensartAntragAusgangZusammenfassung
2025-09-23UPC_APP_33679/2025Court of AppealApplication Rop313ProzessualNur prozessualCourt of Appeal admitted Apple Inc.'s applications to intervene in the appeal proceedings (Ericsson v. ASUS) concerning confidentiality orders relating to licensing agreements between Ericsson and Apple. The CoA held that Apple has a direct and present legal interest in the result of the proceedings under R.313.1 RoP, as the confidential information at issue concerns Apple–Ericsson agreements. Apple was granted 15 days to file a Statement in intervention and will be permitted to participate in the oral hearing.
2025-08-25UPC_APP_34972/2025Court of AppealApplication Rop 223ProzessualNur prozessualThe Court of Appeal rejected Sun Patent Trust's application for suspensive effect of its appeal against a Paris Local Division order, finding that granting VIVO employees access to highly confidential information pending the appeal did not irreversibly undermine the appeal's purpose.
2025-08-25UPC_APP_34971/2025Court of AppealApplication Rop 223ProzessualNur prozessualThe Court of Appeal received Sun Patent Trust's application for suspensive effect under Rule 223 RoP against an order of the Paris Local Division of 31 July 2025 granting certain Vivo employees access to highly confidential information in infringement proceedings. Sun Patent argued that the highly confidential licence information should be subject to an 'External Eyes Only' regime excluding Vivo employees.
2025-08-21ORD_35283/2025Court of AppealGeneric OrderProzessualNur prozessualOrder from the Court of Appeal (UPC_CoA_363/2025) dismissing Microsoft's request for rectification of a Court of Appeal decision by default against Suinno Mobile & AI Technologies under R. 353 RoP. Microsoft sought to add a R. 356.3 RoP notice (that a further default decision would be final) to the decision. The Court held that such a notice must be requested in the proceedings concerning the default decision itself, and could not be added retrospectively by way of rectification.
2025-08-21UPC_APP_33358/2025Court of AppealApplication Rop313ProzessualZurückgenommenThe UPC Court of Appeal granted the withdrawal of an intervention application filed by LIFE 365 S.R.L. and LIFE 365 ITALY S.P.A. in an appeal (LAMA v Hewlett-Packard) concerning patents EP2089230 and EP1737669, as the underlying appeal had already been closed before the intervention request was filed.
2025-08-21UPC_APP_33358/2025Court of AppealApplication Rop313ProzessualZurückgenommenCourt of Appeal granted the application by Life 365 S.r.l. and Life 365 Italy S.p.A. to withdraw their application to intervene (R. 313 RoP), following a settlement between LAMA and HPDC in the underlying appeal proceedings. The parties in the main appeal had already withdrawn all their claims by decision of 24 July 2025.
2025-07-24ORD_33660/2025Court of AppealGeneric OrderProzessualZurückgenommenThe UPC Court of Appeal granted Hanshow Germany GmbH's request to withdraw its appeal against a cost decision in a revocation action concerning EP3883277, and ordered 60% reimbursement of court fees under R.370.9(b)(i) RoP as the withdrawal occurred before closure of the written procedure. Each party bears its own costs.
2025-07-24UPC_APP_33129/2025Court of AppealGeneric applicationmotionName.appeal_decisionNur prozessualCourt of Appeal (judge-rapporteur Emmanuel Gougé) granted OTEC Präzisionsfinish GmbH's application for leave to file a further written pleading under R. 36 RoP in the appeal proceedings concerning a preliminary injunction granted by the Hamburg Local Division (16 June 2025) to STEROS GPA Innovative S.L. for infringement of EP 4 249 647. STEROS had introduced new experimental evidence in its Statement of Response; OTEC was granted two weeks to respond specifically to the experiments (Exhibits GRU 15–17) and related paragraphs of the Response. The Court found the exceptional circumstances required by R. 36 RoP were met given the new evidence.
2025-07-10UPC_APP_30685/2025Court of AppealApplication Rop 223ProzessualPI erteiltProcedural order by the Court of Appeal (UPC_CoA_581/2025, 10 July 2025) dismissing OTEC's application for suspensive effect of its appeal against a preliminary injunction granted by Hamburg Local Division on 16 June 2025 for EP 4 249 647. The Hamburg LD found infringement more likely than not and ordered OTEC to cease and desist across 18 UPC member states. The CoA held OTEC failed to demonstrate the exceptional circumstances or manifest errors required to suspend the injunction pending appeal.
2025-07-03UPC_APP_25615/2025Court of AppealApplication Rop 265ProzessualZurückgenommenThe Court of Appeal permitted the withdrawal by Advanced Bionics AG of both its revocation action and the counterclaim for revocation against MED-EL, with both parties' consent, declared the proceedings closed, and ordered 60% reimbursement of court fees to each side.
2025-07-03UPC_APP_23563/2025Court of AppealApplication Rop 265ProzessualZurückgenommenThe Court of Appeal allowed the withdrawal of an appeal by the anonymous appellant against the Brussels Local Division's decision dismissing infringement claims against OrthoApnea S.L. and Vivisol B BV concerning EP 2 331 036, ordered the appellant to bear OrthoApnea's appeal costs, and referred the quantum of costs to a separate costs procedure.
2025-06-23UPC_APP_22747/2025Court of AppealApplication Rop 365ProzessualVergleichThe Court of Appeal confirmed the settlement agreement between Plant-e Knowledge B.V./Plant-e B.V. and Arkyne Technologies S.L. in both the infringement appeal and the counterclaim for revocation appeal, declared the proceedings closed, and ordered reimbursement of 60% of court fees to Arkyne.
2025-06-19UPC_APP_25965/2025Court of AppealApplication Rop 360ProzessualVergleichProcedural order by the Court of Appeal (UPC_CoA_170/2025, 18 June 2025) closing the appeal proceedings following an out-of-court settlement between ILME and PHOENIX CONTACT. The parties had settled before the CoA issued a substantive decision on ILME's appeal against dismissal of its preliminary objection. The main infringement action at first instance had already been withdrawn. No costs were claimed by either party.
2025-06-06UPC_APP_23407/2025Court of AppealApplication Rop 223ProzessualNur prozessualProcedural order from the Court of Appeal (UPC_CoA_434/2025) denying NUC Electronics' application for suspensive effect of its appeal against the Mannheim Local Division's infringement judgment (UPC_CFI_162/2024) concerning EP 2 028 981 in favour of Hurom. NUC was required to disclose information about its customers and distribution channels; it argued for suspension pending appeal. The Court held that information disclosure orders should only be suspended in exceptional circumstances, and NUC had not shown its appeal would become devoid of purpose without suspensive effect.
2025-05-28UPC_APP_22758/2025Court of AppealApplication Rop 265ProzessualZurückgenommenThe Court of Appeal permitted NanoString Technologies Europe Limited's withdrawal of the revocation action (UPC_CoA_808/2024 / ACT_551180/2023 / UPC_CFI_252/2023) against Harvard's EP 2 794 928, following NanoString's application filed on 14 May 2025. Harvard agreed to the withdrawal and did not oppose. The withdrawal was permitted as Harvard had no legitimate interest in the action being decided. No costs order was issued. The proceedings were declared closed.
2025-05-28UPC_APP_24663/2025Court of AppealGeneric applicationKostenNur KostenThe Court of Appeal issued an order granting Harvard's application for reimbursement of 60% of the court fees paid for the appeal (UPC_CoA_808/2024) following NanoString's withdrawal of the revocation action. Harvard had paid the appeal court fees as appellant; NanoString had withdrawn the underlying action on 14 May 2025 before closure of the written procedure. The Court ordered reimbursement of 60% of Harvard's appeal court fees under R. 370.9(b)(i) RoP.
2025-05-20UPC_APP_23094/2025Court of AppealGeneric applicationmotionName.appeal_decisionNur prozessualCourt of Appeal order on CHINT's application for suspensive effect of a first-instance order and expedition of appeal proceedings. JingAo had obtained an order from Munich Local Division requiring CHINT (and five other defendants) to provide security for costs of EUR 200,000. CHINT appealed and sought suspension of the security obligation and expedited review. The order addresses the conditions for granting suspensive effect and expedited proceedings on appeal.
2025-04-22UPC_APP_16448/2025Court of AppealApplication Rop 265ProzessualNur prozessualCourt of Appeal (Panel 1a) order on Amazon's appeal against a Munich Local Division order refusing Amazon's R. 190 RoP request for production of unredacted Nokia documents in infringement proceedings concerning EP 2 661 892. The appeal became moot (Erledigung der Hauptsache, R. 360 RoP) following a development in the main proceedings, and the Court issued a procedural order addressing costs in the now-resolved appeal.
2025-04-22UPC_APP_16448/2025Court of AppealApplication Rop 265ProzessualAbgewiesenCourt of Appeal dismissed Amazon's appeal against the Munich Local Division's refusal to disclose unredacted documents held by Nokia under Art.59 UPCA and R.190 RoP (evidence production). The appeal became devoid of purpose after the underlying infringement proceedings (UPC_CFI_399/2023) were declared closed following Nokia's withdrawal of the infringement action. The appeal was disposed of under R.360 RoP.
2025-04-18UPC_APP_9095/2025Court of AppealApplication Rop 223ProzessualNur prozessualThe Court of Appeal refused Meril's application for suspensive effect of their appeal against the Munich Local Division's infringement decision in favour of Edwards Lifesciences, meaning the first-instance judgment remained enforceable pending appeal.
2025-04-18UPC_APP_13022/2025Court of AppealGeneric applicationKostenNur KostenOrder from the Court of Appeal (UPC_CoA_520/2024) on Scandit's application for 20% reimbursement of court fees under R. 370.11 RoP following the withdrawal of Hand Held Products' appeal against a preliminary injunction. The CoA had previously granted a PI at first instance against Scandit for indirect infringement of EP 3 866 051; Hand Held Products later withdrew its application for provisional measures and the appeal proceedings were declared closed. The Court decided on whether the withdrawal before closure of oral proceedings qualified for fee reimbursement.
2025-04-18UPC_APP_13022/2025Court of AppealGeneric applicationKostenNur KostenApplication by Scandit AG for 20% reimbursement of court fees following withdrawal of Hand Held Products' provisional measures application was dismissed. The CoA held that the withdrawal of the provisional measures application occurred after the closure of oral proceedings (the oral hearing had already taken place), so the 20% reimbursement threshold under R.370.9(b)(iii) RoP was not met. The provisional measures proceedings had been declared closed after Hand Held withdrew the application.
2025-03-31UPC_APP_15086/2025Court of AppealGeneric applicationmotionName.appeal_decisionNur prozessualThe Court of Appeal issued a procedural order on ILME's application under Rule 21.2 RoP for permission to add new evidence or arguments in the appeal against the Munich Local Division's order rejecting ILME's jurisdictional objection in the Phoenix Contact v. ILME infringement proceedings.
2025-03-31UPC_APP_12551/2025Court of AppealApplication Rop 265ProzessualZurückgenommenThe Court of Appeal allowed Hand Held Products to withdraw its application for provisional measures (pending appeal) after Scandit consented, terminated the appeal proceedings accordingly, and ordered each party to bear its own costs as no costs request was made by either side.
2025-03-24UPC_APP_13834/2025Court of AppealGeneric applicationProzessualNur prozessualCourt of Appeal refused Amazon's application for leave to file additional written submissions in the appeal proceedings. The Court confirmed that the written procedure in appeal is limited to the Statement of Grounds of Appeal and the Statement of Response; additional grounds outside the prescribed time limit are inadmissible under R. 233.3 RoP.
2025-03-24UPC_APP_13834/2025Court of AppealGeneric applicationProzessualNur prozessualGerman-language signed version of the Court of Appeal procedural order (24 March 2025) refusing Amazon's application for additional written submissions in the Nokia v. Amazon appeal proceedings concerning EP 2 661 892.
2025-03-11UPC_APP_6818/2025Court of AppealGeneric applicationKostenNur KostenThe Court of Appeal ruled on multiple applications for refund of court fees related to three separate appeal proceedings between 10x Genomics/Harvard and Vizgen, determining the applicable court fee refund rules following the conclusion of those appeal proceedings.
2025-03-11UPC_APP_6815/2025Court of AppealGeneric applicationKostenNur prozessualThe Court of Appeal issued an order granting 10x Genomics's applications for partial refund of court fees following withdrawal of three appeals (APL_59634/2024, APL_61301/2024, APL_26/2025) against Hamburg Local Division orders concerning EP 4 108 782 (10x v. Vizgen). Court fees were refunded at 60% (for the appeal withdrawn before close of written procedure) and 20% (for appeals withdrawn before close of oral procedure) pursuant to R. 370.9(b) RoP.
2025-03-11UPC_APP_6812/2025Court of AppealGeneric applicationKostenNur prozessualCourt of Appeal order granting reimbursement of court fees to 10x Genomics and Harvard following withdrawal of three appeals against orders in the Hamburg Local Division proceedings against Vizgen (EP 4 108 782). 60% reimbursement granted for the appeal withdrawn before closure of written proceedings; 20% for each of the two appeals withdrawn before closure of oral proceedings.
2025-03-05UPC_APP_6378/2025Court of AppealApplication Rop 265ProzessualZurückgenommenThe Court of Appeal granted 10x Genomics and Harvard College's requests to withdraw three pending appeals against discovery/document production orders issued by the Hamburg Local Division in the infringement proceedings against Vizgen Inc., with no costs order by agreement of both parties.
2025-03-05UPC_APP_6377/2025Court of AppealApplication Rop 265ProzessualZurückgenommenOrder of the Court of Appeal permitting the withdrawal of three appeals (APL_59634/2024, APL_61301/2024, APL_26/2025) filed by 10x Genomics, Inc. and President and Fellows of Harvard College against orders of the Hamburg Local Division concerning security for costs in infringement proceedings against Vizgen, Inc. Both parties consented and waived costs decisions. The appeal proceedings were declared closed.
2025-03-05UPC_APP_6376/2025Court of AppealApplication Rop 265ProzessualZurückgenommenOrder of the Court of Appeal (Panel 1a) granting three applications by 10x Genomics and President and Fellows of Harvard College for withdrawal of three pending appeals (UPC_CoA_654/2024, UPC_CoA_700/2024, and UPC_CoA_1/2025) against Hamburg Local Division orders in the infringement proceedings against Vizgen Inc. The three appeals had been filed in connection with various case management orders made by the Hamburg Local Division in the main UPC_CFI_22/2023 proceedings. All three appeals were permitted to be withdrawn.
2025-01-20ORD_3182/2025Court of AppealGeneric OrderProzessualNur prozessualThe Court of Appeal issued a procedural order in the Amazon v Nokia proceedings (UPC_CoA_835/2024) on Amazon's application under R. 262.2 RoP for confidential treatment of parts of its appeal pleadings. The appeal relates to Amazon's challenge to an order of the Munich Local Division that denied disclosure of unredacted documents and information. The order governs which information in the appeal and statement of grounds may be designated confidential and restricted from public access.
2025-01-20ORD_3182/2025Court of AppealGeneric OrderProzessualNur prozessualCourt of Appeal procedural order on Amazon's application under R. 262.2 RoP, ordering confidentiality classification of information (including licence agreement contents, RAND negotiation details, and business model information) contained in Amazon's appeal in the Nokia v. Amazon proceedings concerning EP 2 661 892.
2025-01-20UPC_APP_68644/2024Court of AppealApplication RoP262AProzessualNur prozessualCourt of Appeal granted Amazon's application under R. 262A RoP, ordering restricted access to confidential information (identity of licensees and content of Nokia's licence agreements) contained in Amazon's appeal and Statement of Grounds of Appeal in the Nokia v. Amazon proceedings concerning EP 2 661 892.
2025-01-16UPC_APP_1182/2025Court of AppealApplication Rop 223ProzessualNur prozessualThe Court of Appeal (judge-rapporteur Emmanuel Gougé) rejected Bhagat Textile Engineers' application for suspensive effect (R. 223 RoP) of the Milan Local Division's infringement judgment of 4 November 2024 concerning EP 2 145 848. The Milan LD had found Bhagat liable for infringement, issued an injunction for Italy and Germany, imposed a penalty payment of EUR 12,000, and ordered provisional damages of EUR 15,000. Bhagat failed to demonstrate exceptional circumstances justifying suspensive effect, having only vaguely claimed parallel invalidity proceedings and 'considerable doubts' about validity without substantiation.
2025-01-16UPC_APP_1182/2025Court of AppealApplication Rop 223ProzessualNur prozessualItalian-language version of the Court of Appeal order (judge-rapporteur Emmanuel Gougé) rejecting Bhagat Textile Engineers' application for suspensive effect of the Milan Local Division's infringement judgment of 4 November 2024 (EP 2 145 848). Identical substance to the English version: Bhagat failed to demonstrate exceptional circumstances justifying suspensive effect.
2025-01-15UPC_APP_68614/2024Court of AppealGeneric applicationProzessualZurückgenommenThe Court of Appeal allowed Avago's withdrawal of its infringement appeal and Tesla's withdrawal of the counterclaims for revocation following a settlement, ordered 60% reimbursement of court fees, and declared all three appeal proceedings closed.
2025-01-15UPC_APP_66724/2024Court of AppealApplication Rop 265ProzessualZurückgenommenDecision of the Court of Appeal (Panel 1) permitting withdrawal of Avago's appeal and counterclaim for revocation against a Hamburg Local Division decision in which the infringement action had been dismissed and the patent partially revoked. The Court of Appeal granted leave for withdrawal under Rule 265 RoP in appeal proceedings, holding that withdrawal is possible until the final decision becomes legally binding. As a consequence of the withdrawal of the revocation counterclaim, the pending requests to amend the patent became moot. The court also addressed reimbursement of court fees following the withdrawal.
2024-12-11UPC_APP_64946/2024Court of AppealGeneric applicationProzessualNur prozessualThe Court of Appeal denied Hand Held Products Inc.'s application for court-ordered simultaneous interpretation (German to English) of the oral hearing in the appeal proceedings against Scandit AG, because the application was filed late (less than one month before the hearing) and the conditions of R. 109.1 RoP were not met; the party was free to arrange interpretation at its own cost under R. 109.4 RoP.
2024-11-01UPC_APP_57474/2024Court of AppealGeneric applicationProzessualNur prozessualCourt of Appeal (Judge-Rapporteur) refused Scandit's request for leave to file a reply to Hand Held Products' response to appeal pursuant to R. 36 RoP. The Court held that no further written exchange is provided for under the RoP unless a cross-appeal has been filed, and that the alleged new matter raised in the response to appeal did not justify an exception.
2024-11-01UPC_APP_57474/2024Court of AppealGeneric applicationProzessualNur prozessualGerman-language version of the same Court of Appeal procedural order (1 November 2024) refusing Scandit's request for leave to file a reply to Hand Held Products' response to appeal pursuant to R. 36 RoP in the preliminary injunction appeal proceedings.
2024-10-15CoA_PC 01/2024Court of AppealAppeal RoP220.2AbgewiesenCourt of Appeal declared Photon Wave's appeal inadmissible. The CoA held that leave to appeal under R.220.2 RoP (other than together with an appeal against the final decision) must be expressly granted by the Court of First Instance and cannot be presumed. As no express leave to appeal was granted by the Paris Local Division, the appeal was inadmissible.
2024-10-15CoA_PC 01/2024Court of AppealAppeal RoP220.2AbgewiesenCourt of Appeal declared Photon Wave's appeal inadmissible. The Court held that leave to appeal under R. 220.2 RoP must be expressly granted by the Court of First Instance and cannot be presumed. Since the Paris Local Division had not expressly granted leave to appeal the procedural order of 24 July 2024, the appeal was inadmissible.