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Entscheidungen

DatumFallKammerVerfahrensartAntragAusgangZusammenfassung
—UPC_CFI_254/2025———Nur prozessualProcedural order granting confidentiality request (Rule 262A RoP) filed by Defendant MediaTek Germany GmbH in respect of information in its Statement of Defence (Non-Technical Part), including exclusion of the public from hearings and redaction of the decision for publication. Claimant Huawei confirmed the underlying non-disclosure agreement and did not oppose the request.
2026-01-26UPC_CFI_1064/2025Munich LDInfringement ActionProzessualNur prozessualOrder of the President of the Court of First Instance granting Nordmeccanica's application under R.323 RoP to change the language of proceedings from German to English. The court held that when the balance of interests is equal, the defendant's position is decisive, and that Nordmeccanica (an Italian company) would be disadvantaged by proceedings in German. The language was changed to English.
2026-01-20UPC_CFI_1506/2025Munich LDInfringement ActionProzessualNur prozessualOrder of the President of the Court of First Instance granting Pinterest's application under R.323 RoP to change the language of proceedings from German to English. The court held that although Pinterest Germany is based in Germany, the working language of the entire Pinterest group is English, and the need for coordinated internal communication outweighed the claimant's interest in German proceedings.
2025-12-19UPC_CFI_681/2024Munich LDCounterclaim for revocationNichtigkeit (Hauptsache)Nicht verletztThe Munich Local Division dismissed both the infringement action (UPC_CFI_437/2024) brought by GXD-Bio Corporation and the counterclaim for revocation (UPC_CFI_681/2024) brought by the Myriad defendants, concerning EP 3 346 403 (a patent on data processing/gene expression analysis for identifying endogenous reference genes). The Court found no infringement because the accused products (Myriad test kits) did not use the claimed three-step normalization method — the products used a single-step average normalization that differed from the patented calculation method. The counterclaim for revocation was also dismissed, so the patent was maintained. Each party bears its own costs, with costs capped at EUR 600,000 total.
2025-10-28UPC_CFI_729/2025Munich LDInfringement ActionProzessualNur prozessualThe Munich Local Division ordered Claimant 2 (ParTec AG) to provide security for costs of EUR 85,000 in favour of the defendants, finding insufficient evidence of ParTec's financial capacity; the application against Claimant 1 (BFexaQC AG) was rejected for lack of any financial information.
2025-10-20UPC_CFI_559/2025Munich LDInfringement ActionVerletzung (Hauptsache)VergleichThe Munich Local Division approved the withdrawal of the solar panel infringement action following a comprehensive settlement between the claimant (Shangrao Xinyuan) and defendants 1-4 (LONGi group), and agreement by defendant 5, with no costs order and partial reimbursement of court fees at 60%.
2025-10-16UPC_CFI_564/2024Munich LDCounterclaim for revocationNichtigkeit (Hauptsache)ZurückgenommenThe Munich Local Division permitted the withdrawal of the defendants' counterclaim for revocation of EP 2 387 547 under R. 265.1 RoP, after the main infringement/revocation proceedings had already been decided on 22 August 2025 and within the appeal period, with no costs order by agreement of the parties.
2025-08-26UPC_APP_33511/2025Munich LDApplication RoP262.1 (b)ProzessualNur prozessualThe Munich Local Division ruled on Taylor Wessing LLP's application for access to written pleadings and evidence under Rule 262.1(b) RoP in NEC Corporation's infringement action against TCL entities concerning EP 2 645 714.
2025-08-26UPC_CFI_559/2025Munich LDGeneric applicationProzessualNur prozessualProcedural order from Munich Local Division dated 26 August 2025 staying the proceedings in an infringement action brought by Shangrao Xinyuan Yuedong Technology Development Co. against LONGi Solar and related entities regarding EP 3 297 043 B1, following a joint request by the claimant and defendants 1–4 due to ongoing settlement negotiations. Proceedings against defendant 5 (Thomas Seifert) were also stayed under R. 295(m) RoP pending possible inclusion in the settlement.
2025-08-22UPC_CFI_248/2024Munich LDInfringement Action—Patent geändertMunich Local Division found infringement of EP 2 387 547 (water filter cartridge patent) in an amended form and issued a permanent injunction against the defendants (AQUASHIELD entities). The patent was maintained in an amended form pursuant to auxiliary requests. The Court also ordered disclosure of information and declared defendants liable for damages from 23 May 2019. The infringement claim was partly dismissed and costs split 50/50.
2025-07-30UPC_CFI_208/2024Munich LDApplication RoP262.1 (b)—Nur prozessualProcedural order (in German) granting Renault SAS (a third party allegedly threatened with infringement of EP 1 770 912 B1 by Avago Technologies) access to the case file and register under Rule 262.1(b) RoP for the completed proceedings, which were terminated by withdrawal of both the infringement action and counterclaim for revocation. The court confirmed that third-party access may be granted to closed proceedings.
2025-04-09UPC_CFI_846/2024Munich LDGeneric application—Nur prozessualProcedural order on applications by BioNTech and Pfizer defendants for security for costs of EUR 5,000,000 each (total EUR 10,000,000) against Claimant Promosome LLC under Rule 158 RoP. The court considered whether Promosome's financial position gave legitimate and real concern that a costs order would not be recoverable.
2025-04-03UPC_CFI_846/2024Munich LDProcedural Order—Nur prozessualProcedural order on defendants' application (Rule 190 RoP) for production of detailed experimental materials and raw data underlying an expert report submitted by the claimant. The court ordered disclosure of additional supporting data and methodology to enable the defendants to assess the accuracy and reliability of the claimant's test results.
2025-03-19UPC_CFI_696/2024Munich LDApplication For Costs—Nur KostenCosts assessment decision (Kostenfestsetzungsverfahren) by Munich Local Division in MSG Maschinenbau v EJP Maschinen (EP 3 225 320). The court determined the recoverable costs for both the infringement action and the revocation counterclaim. Costs must be both 'reasonable' (necessary from an ex ante perspective) and 'proportionate' (amount not disproportionate to the dispute value, complexity and prospects). Costs for preparing the costs application itself are recoverable. The costs of a third law firm (Hausanwalt) beyond the two official UPC representatives were not reimbursable due to lack of demonstrated necessity.
2025-03-19UPC_CFI_696/2024Munich LDApplication For Costs—Nur KostenCosts assessment decision in proceedings between MSG Maschinenbau GmbH (defendant in the underlying infringement action, now claimant in costs proceedings) and EJP Maschinen GmbH. MSG was ordered to pay EJP a total of EUR 33,224.50 in recoverable costs within 21 days. The remainder of EJP's costs claims were rejected. No interest on costs awarded.
2025-01-28UPC_CFI_421/2024Munich LDApplication Rop 265—VergleichDecision from Munich Local Division dated 28 January 2025 permitting withdrawal of the patent infringement action filed by Qualcomm against Shenzhen Transsion Holdings and related entities. The withdrawal followed a settlement between Qualcomm and Defendant 1 (Transsion). The court allowed 60% reimbursement of court fees pursuant to R. 370.9(b)(i) RoP, as the withdrawal occurred before closure of the written procedure. Defendants 1–4 consented to withdrawal; Defendant 6 did not comment. No cost order was required.
2025-01-17UPC_CFI_487/2023Munich LDApplication Rop 265—VergleichThe Munich Local Division confirmed the withdrawal of NEC Corporation's patent infringement action against TCL entities concerning EP 2 645 714. The parties had reached a contractual agreement before closure of the written procedure. The court granted the withdrawal and ordered 60% reimbursement of court fees to the claimant. Each party bears its own costs; no cost decision was issued.
2025-01-16UPC_CFI_627/2024Munich LDGeneric application—AbgewiesenPresident of the UPC Court of First Instance dismissed NVIDIA's application to change the language of proceedings from German to English under Art. 49(5) UPCA and R.323 RoP. The President found that NVIDIA had not demonstrated significant impairment in organising its defence due to the German language chosen by the claimants, who are domiciled in German-speaking countries.
2025-01-15UPC_CFI_402/2023Munich LDApplication Rop 265—ZurückgenommenInfringement action, related patent amendment application, and counterclaims for revocation all withdrawn by mutual agreement pursuant to Rule 265 RoP. Each party bears its own costs. No costs order between parties.
2024-12-20UPC_APP_56734/2024Munich LDApplication RoP262.1 (b)ProzessualNur prozessualProcedural order by Munich Local Division in Phoenix Contact v ILME (EP 3 602 692) on an application by HARTING Electric (opponent in parallel EPO opposition proceedings) for public access to the file under R. 262.1(b) RoP. The court held that a pending EPO opponent has a legal interest in access to the UPC file during the proceedings and granted the application.
2024-10-11UPC_CFI_193/2024Munich LDGeneric Order—VerletztDefault judgment granted against ARCORA International GmbH for infringement of EP 3 760 094 B1 (floor cleaning device patent). ARCORA was ordered to cease and desist from offering and placing the infringing product on the market, and to provide accounting information. Partial withdrawal of claims permitted. ARCORA bears 90% of costs, i-mop 10%.
2024-10-02UPC_CFI_498/2023Munich LDGeneric Order—Nur prozessualProcedural order in NEC v TCL infringement action, granting an application for intervention by a third party. The court set out procedural arrangements for the intervener to participate via the claimant's representatives in the case management system.
2024-05-27UPC_CFI_498/2023Munich LDGeneric application—Nur prozessualProcedural order setting the deadline for Defendants 1, 3, 4, and 6 (TCL entities) to file their Statement of Defence. The court declined to shorten the deadline as requested by Claimant NEC Corporation and set a joint deadline of 8 July 2024 for all defendants.