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Entscheidungen

DatumFallKammerVerfahrensartAntragAusgangZusammenfassung
2026-03-03UPC_CFI_43/2025The Hague LDInfringement ActionVerletzung (Hauptsache)Nichtig erklärtThe Hague Local Division revoked Advanced Brain Monitoring's EP 2 437 696 B2 (position therapy device for sleep disorders) as lacking inventive step over JP748 prior art. The counterclaim for revocation by Philips succeeded and the infringement action was dismissed.
2026-02-25UPC_CFI_619/2025The Hague LDInfringement ActionProzessualNur prozessualThe Hague Local Division addressed GSK's R.263 application to amend its claim and Moderna's R.9 application to dismiss late-filed submissions in a parallel mRNA vaccine infringement action.
2026-02-25UPC_CFI_620/2025The Hague LDInfringement ActionProzessualNur prozessualThe Hague Local Division issued a procedural order under Rule 9 RoP in GSK's infringement action against Pfizer/BioNTech entities concerning vaccine-related patents, addressing admissibility of submissions in GSK's Reply.
2026-02-18UPC_CFI_616/2025The Hague LDInfringement ActionProzessualNur prozessualThe Hague Local Division ruled on GSK's application to amend its claim under Rule 263 RoP and Moderna's application to dismiss late-filed submissions under Rule 9 RoP in patent infringement proceedings relating to mRNA vaccine technology.
2026-02-05UPC_CFI_666/2024The Hague LDApplication Rop 265ProzessualVergleichThe Hague Local Division declared the proceedings closed in both the infringement claim (Adeia v. Walt Disney) and the counterclaim for revocation, following the parties' mutual withdrawal of their actions under R.265.1 RoP after reaching a settlement. The court reimbursed 40% of the court fees paid, corresponding to the stage of proceedings at time of withdrawal (after interim procedure but before oral procedure). The settlement terms were not disclosed.
2026-01-16UPC_CFI_1048/2025The Hague LDInfringement ActionVerletzung (Hauptsache)VergleichThe Hague Local Division allowed BTL Medizintechnik GmbH's withdrawal of its infringement action against Lexter Microelectronic Engineering Systems S.L. following a settlement. The proceedings were declared closed with no cost decision required.
2026-01-15UPC_CFI_100/2024Dusseldorf LDInfringement ActionVerletzung (Hauptsache)Nicht verletztFinal decision on the merits in the infringement action by Ona Patents SL against Google Ireland Limited and others (EP 2 263 098 B1, Wi-Fi positioning patent). The court dismissed the infringement action, finding no direct infringement (the accused product did not possess every claimed component). The counterclaim for revocation was also dismissed (patent maintained as valid). Claimant to bear costs of the infringement action; 80% of counterclaim costs to defendants, 20% to claimant. Value in dispute: EUR 6,000,000 (infringement) and EUR 9,000,000 (counterclaim). Key headnotes: register governs proprietor standing; each component of a product must be present for direct infringement.
2025-12-10UPC_CFI_251/2025The Hague LDInfringement ActionProzessualNur prozessualThe Hague Local Division issued a case management order addressing Maxell's 44 conditional auxiliary requests in infringement proceedings against Samsung concerning EP 2 061 230, requesting clarification on the reasonable number of auxiliary requests per R. 30.1(c) RoP.
2025-12-09UPC_CFI_499/2024The Hague LDInfringement ActionProzessualNur prozessualThe Hague Local Division issued a procedural order addressing the defendant's attempt to set aside the default judgment, ruling that the defendant had been sufficiently warned of the default consequence and that the prior R. 275 and R. 320 orders preclude a fresh challenge under R. 356 RoP.
2025-11-28UPC_CFI_619/2025The Hague LDInfringement ActionProzessualNur prozessualThe Hague Local Division issued a procedural order under R. 302 RoP addressing a procedural step in proceedings before the court.
2025-11-18UPC_CFI_187/2024The Hague LDInfringement ActionVerletzung (Hauptsache)Nicht verletztThe Hague Local Division decided in proceedings on infringement and counterclaim for revocation concerning Advanced Cell Diagnostics' RNAscope technology patents (EP 1 910 572 and EP 2 500 439) against Molecular Instruments; the decision addressed novelty, inventive step, and infringement of in situ hybridisation method claims.
2025-11-13UPC_CFI_321/2025The Hague LDInfringement ActionVerletzung (Hauptsache)ZurückgenommenThe Hague Local Division recorded the withdrawal of AdvanSix Resins & Chemicals LLC's infringement action against Troy Chemical and Azelis entities concerning EP 3 286 270, with 60% of court fees reimbursed (€96,600) and certain documents declared confidential pursuant to R. 262.2 RoP.
2025-11-13UPC_CFI_321/2025The Hague LDInfringement ActionVerletzung (Hauptsache)ZurückgenommenDuplicate of the Hague Local Division decision recording AdvanSix's withdrawal of the infringement action against Troy Chemical and Azelis entities (EP 3 286 270), with 60% court fee reimbursement and confidentiality order.
2025-11-11UPC_CFI_771/2025Munich LDInfringement ActionProzessualNur prozessualThe Munich Local Division reviewed a confidentiality order (R. 333 RoP) and upheld admission of Solvay's employee to the confidentiality club in the fluoropolymer infringement proceedings, finding that employment within the claimant's economic unit was sufficient grounds for admission.
2025-11-03UPC_CFI_666/2024The Hague LDInfringement ActionProzessualNur prozessualThe Hague Local Division issued a post-interim-conference order in Adeia Guides v. Walt Disney entities (EP 1 969 839, electronic programme guide patent), setting out decisions on scheduling and procedural steps following the interim conference.
2025-10-21UPC_CFI_499/2024The Hague LDInfringement ActionVerletzung (Hauptsache)VerletztThe Hague Local Division issued a default judgment against the absent defendant finding infringement of Amycel's mushroom strain patent EP 1 993 350 (brown Agaricus bisporus), confirming the preliminary injunction, granting a permanent injunction, information orders, and an interim award of damages of EUR 50,000.
2025-10-14UPC_CFI_135/2024Dusseldorf LDGeneric OrderProzessualNur prozessualThe Düsseldorf Local Division issued an order cancelling the scheduled oral hearing in the Dolby v Beko/Arçelik infringement proceedings concerning EP 3 605 534 B1 (audio coding), due to the unavailability of one of the lead counsel for personal reasons.
2025-10-14UPC_CFI_100/2024Dusseldorf LDGeneric OrderProzessualNur prozessualThe Düsseldorf Local Division issued a further procedural order under R. 35 and 36 RoP in the Ona Patents v Google infringement proceedings (EP 2 263 098), addressing procedural steps in the case.
2025-10-13UPC_CFI_100/2024Dusseldorf LDApplication Rop 333ProzessualNur prozessualThe Düsseldorf Local Division issued a R. 333 RoP review order in the Ona Patents v Google infringement proceedings concerning EP 2 263 098 B1 (Wi-Fi positioning), addressing procedural aspects of the case management.
2025-10-10UPC_CFI_386/2024The Hague LDInfringement ActionVerletzung (Hauptsache)VerletztThe Hague Local Division found HL Display's European Patent EP 2 432 351 B1 (shelf divider system) valid and infringed (including indirect infringement) by Black Sheep Retail Products. The Court granted an injunction, ordered BSRP to cease infringing activities across all territories where the patent is in force. A counterclaim for declaration of non-infringement regarding a revised product was declared inadmissible. Long-arm jurisdiction was established for sales outside the Netherlands.
2025-09-17UPC_CFI_99/2024Dusseldorf LDGeneric applicationNur KostenOrder from the Düsseldorf Local Division dated 17 September 2025 concerning reimbursement of court fees under R. 370.9 and R. 370.11 RoP. The infringement action (filed March 2024 by Ona Patents SL against Apple entities) and subsequently a counterclaim for revocation (filed August 2025 by Apple) were pending when the order was issued. The order deals specifically with court fee reimbursement procedural matters; no substantive ruling on infringement or validity was made.
2025-09-05UPC_CFI_99/2024Dusseldorf LDApplication Rop 265ZurückgenommenThe Düsseldorf Local Division granted Ona Patents SL leave to withdraw its patent infringement action against Apple entities concerning EP 2 263 098 B1. Simultaneously, the defendants withdrew their counterclaim for revocation. The parties agreed that each side bears its own costs, and no cost decision was issued. The proceedings were declared closed.
2025-08-21UPC_CFI_386/2024The Hague LDGeneric applicationProzessualNur prozessualThe Hague Local Division dismissed Black Sheep Retail Products B.V.'s application to submit two physical objects (its old product and a new product) as exhibits in support of its rejoinder in infringement proceedings brought by HL Display AB concerning EP 2 432 351. The court found no explanation had been provided for why the objects could not have been filed earlier, notably with the Statement of Defence.
2025-08-14UPC_CFI_135/2024Dusseldorf LDGeneric applicationProzessualNur prozessualProcedural order granting Dolby's application to file an additional written submission pursuant to Rule 36 RoP in the infringement action against Beko/Arçelik, as Dolby made the request before the judge-rapporteur intended to close the written procedure.
2025-08-13ACT_36388/2024The Hague LDInfringement ActionVerletzung (Hauptsache)Teilweise nichtigThe Hague Local Division dismissed Winnow Solutions' infringement claims (EP 3 198 245, food waste monitoring system) and partially revoked the patent as granted, maintaining it only in the form of Conditional Request 3 (an amended version). The patent was found not infringed by Orbisk B.V. in the form maintained by the court. Winnow was ordered to pay 85% of Orbisk's costs (EUR 112,000 legal costs, EUR 15,000 court fee, EUR 5,500 expert costs = EUR 112,625 total). Orbisk's R.190 document production application was dismissed.
2025-08-01UPC_CFI_100/2024Dusseldorf LDGeneric OrderProzessualNur prozessualProcedural order requiring further written submissions from the parties in the infringement action concerning patent ownership and the presentation of exhibits. The court noted inconsistencies in the claimant's statements on patent ownership and directed supplementary presentations.
2025-06-06UPC_CFI_324/2024Munich LDInfringement ActionPatent geändertInfringement action by Tiroler Rohre GmbH (Austria) against SSAB Swedish Steel GmbH and SSAB Europe Oy concerning a driving pile tip device (Rammspitze) and EP 2 839 083 B9. The court found infringement of the patent as amended. It ordered: injunction, recall and destruction of infringing pile tips and moulds, disclosure of information, publication of decision in four trade journals. The invalidity counterclaim against the patent as originally granted was upheld in part (patent amended). Key headnotes: burden of proof for impossibility of infringement lies with defendant; infringement exists even if patented function only occasionally achieved.
2025-06-02UPC_CFI_504/2023Dusseldorf LDApplication Rop 365VergleichThe court confirmed a partial settlement between the claimants (Roche) and defendants 1 and 2 (Tandem Diabetes Care Inc. and Tandem Diabetes Care Europe B.V.) pursuant to Rule 365.1 RoP. The details of the settlement are confidential. Proceedings against defendants 3 to 6 continue. Each settling party bears its own costs.
2025-05-23UPC_CFI_191/2025The Hague LDPreliminary objectionNur prozessualProcedural order from The Hague Local Division dated 23 May 2025 ruling on a preliminary objection raised by Moderna defendants. The court dismissed Moderna's jurisdictional objections concerning Moderna Spain, Moderna Poland, and Moderna Norway, finding that the UPC has international jurisdiction under Art. 8(1) Brussels I Recast (commercial relationship within the same group) and that the LD The Hague has local competence under Art. 33(1)(b) UPCA because Moderna Netherlands B.V. is domiciled in the Netherlands. An opt-out validity issue was also addressed. The decision allows the infringement proceedings to proceed on the merits.
2025-04-04UPC_CFI_501/2023Munich LDInfringement ActionVerletztInfringement action by Edwards Lifesciences Corporation against Meril GmbH, Meril Life Sciences Pvt Ltd, and Meril Italy S.r.l. concerning transcatheter heart valve (Myval THV) and EP 3 669 828. The court found infringement, dismissed the invalidity counterclaim (patent valid), and ordered: injunction, recall, seizure and destruction, disclosure of sales data, provisional damages of EUR 663,000, publication of decision in five media outlets. Decision immediately and directly enforceable from date of service. Key headnotes: jurisdiction for multiple defendants with commercial relationship; problem-solution approach for inventive step; cease-and-desist without penalty clause insufficient.
2025-04-01UPC_CFI_499/2024The Hague LDInfringement ActionProzessualNur prozessualThe Hague Local Division rejected the defendant's application for re-establishment of rights under R. 320 RoP after missing the deadline for filing a statement of defence, finding the representative had not exercised due care given the specific circumstances of the case.
2025-01-17UPC_CFI_376/2023Brussels LDInfringement ActionNicht verletztDecision on the merits by the Brussels Local Division (full panel) in an infringement action concerning a patent on a medical device (sleep apnea treatment). The court dismissed both the literal infringement claim and the infringement-by-equivalence claim against OrthoApnea S.L. and Vivisol B BV. On literal infringement, the court interpreted the patent claims in light of the claim as a whole and found the accused products did not meet all claim features. On equivalence, the court found no functional equivalence regardless of which equivalence test was applied. The court also lifted the earlier evidence-preservation order (seizure) and ordered the claimant (unnamed, anonymized) to pay the defendants' costs. A key procedural holding addressed the temporal conditions for bringing main proceedings following evidence preservation.
2024-11-22UPC_CFI_239/2023The Hague LDCounterclaim for revocationNichtigkeit (Hauptsache)VerletztThe Hague Local Division held that the patent is valid and infringed by equivalence. The Court ordered Arkyne Technologies (Bioo) to cease and desist from infringing EP 2 137 782 by applying the patented method or supplying Bioo Panels, Bioo Benches, or Bioo products in Benelux, France, Germany, and Italy. The Court rejected the counterclaim for revocation. The Court also ordered a customer notification letter/website publication.
2024-10-14UPC_CFI_327/2024The Hague LDProcedural OrderNur prozessualOrder from The Hague Local Division dated 14 October 2024 partially granting Winnow Solutions Limited's request to produce evidence under R. 190 RoP in its infringement action against Orbisk B.V. The court found a prima facie case of infringement of EP 3 198 245 B1 and ordered Orbisk to produce certain documents, but limited the scope as the original request was too broad. Non-infringement and invalidity arguments were reserved for full panel evaluation. Orbisk was granted a period to file a R. 262A motion and access to the produced documents was restricted to Winnow's legal representatives.
2024-09-17ACT_581538/2023Brussels LDInfringement ActionProzessualNur prozessualThe Brussels Local Division issued a procedural order following an interim conference under R. 105.5 RoP, setting the schedule and framework for the oral hearing in this infringement action concerning EP 2 331 036.
2024-08-30UPC_CFI_99/2024Dusseldorf LDApplication RoP262ANur prozessualProcedural order from the Düsseldorf Local Division dated 30 August 2024 on confidentiality protection (R. 262A RoP) in infringement proceedings brought by Ona Patents SL against Apple entities. The order addresses the protection of trade secrets, specifically ruling that negative facts (the statement that products do not support certain functionalities) can also be subject to confidentiality. The names of employees involved in the relevant technical matters were also included within the confidentiality order.
2024-08-12UPC_CFI_281/2024Dusseldorf LDGeneric applicationVergleichDecision from Düsseldorf Local Division dated 6 August 2024 permitting Seoul Semiconductor Co., Ltd. to withdraw its patent infringement action against Amazon Services Europe S.à r.l. regarding EP 3 339 920 B1. The withdrawal was agreed following an out-of-court settlement. Each party bears its own costs and Seoul Semiconductor bears the court fees. The claimant was ordered reimbursement of 60% of court fees (EUR 6,600) pursuant to R. 370.9(b)(i) RoP.
2024-08-06UPC_CFI_327/2024The Hague LDGeneric applicationNur prozessualThe Hague Local Division issued a procedural order granting defendant Orbisk B.V. an extension to respond to Winnow Solutions Limited's evidence production request (R. 190 RoP) until 6 September 2024 (one week beyond the three-week period previously granted and the four-week extension Winnow agreed to), rather than allowing Orbisk to defer its response until its Statement of Defence on 27 September 2024. The extension was granted solely on account of the summer holiday period.
2024-07-29UPC_CFI_501/2023Munich LDInfringement ActionNur prozessualMunich Local Division issued a case management order fixing dates for the interim conference and oral hearing in this infringement action concerning heart valve technology, balancing the claimant's right to a hearing within one year of service with defendants' representative availability constraints.
2024-05-01UPC_CFI_379/2023The Hague LDGeneric applicationZurückgenommenThe Hague Local Division (full panel) declared the infringement action by Keestrack N.V. against Geha Laverman B.V. concerning EP 3 713 672 closed following withdrawal of the action with the consent of the defendant. Each party bears its own costs. A 60% reimbursement of the fixed court fee was ordered pursuant to R. 370.11 RoP as the withdrawal occurred before the end of the written procedure.
2024-03-04UPC_CFI_239/2023The Hague LDInfringement ActionProzessualNur prozessualThe Hague Local Division granted Plant-e's application for a confidentiality order under R.262A RoP protecting financial information submitted with their reply to a R.158 application, with access limited to counsel only with the consent of the parties.
2024-03-04UPC_CFI_239/2023The Hague LDApplication RoP262AProzessualNur prozessualThe Hague Local Division granted Plant-e's application for a confidentiality order under R.262A RoP protecting financial information submitted with their reply to a R.158 application, with access limited to counsel only with the consent of the parties.
2024-02-15UPC_CFI_239/2023The Hague LDGeneric OrderProzessualNur prozessualThe Hague Local Division decided to hear both the infringement action and the counterclaim for revocation jointly (Art. 33(3)(a) UPCA), as both parties agreed and joint hearing was considered expedient for uniform interpretation.
2024-02-09UPC_CFI_424/2023The Hague LDInfringement ActionProzessualNur prozessualThe Hague Local Division issued a procedural order in Abbott v. Dexcom, granting Abbott's request to align the statement of defence deadlines for both Dexcom defendants so that both run from the later service date on Dexcom International Limited (20 December 2023), ensuring synchronised pleading schedules.
2024-01-17UPC_CFI_239/2023The Hague LDProcedural OrderProzessualNur prozessualThe Hague Local Division issued a procedural order clarifying the deadline for Plant-e to file its defence to the counterclaim for revocation and setting provisional dates for the interim conference and oral hearing, while also inviting parties to comment on the application of Art. 33(3) UPCA regarding bifurcation.
2023-12-22UPC_CFI_424/2023The Hague LDInfringement ActionProzessualNur prozessualThe Hague Local Division issued a final procedural order confirming that effective service of the statement of claim on Dexcom International Limited had been effected on 20 December 2023 via an Irish process server, thereby setting the deadline for Dexcom International's statement of defence at three months from that date.
2023-10-27UPC_CFI_22/2023Hamburg LDInfringement ActionProzessualNur prozessualThe Hamburg Local Division granted an extension of the deadline for Vizgen, Inc. to file its defence in an infringement action by 10x Genomics and Harvard College, citing delayed upload of statement of claim annexes by the claimants and a delayed CMS access for the defendant's representatives.
2023-10-18UPC_CFI_239/2023The Hague LDInfringement ActionProzessualNur prozessualThe President of the Court of First Instance issued an order pursuant to Rule 323 RoP on the language of proceedings, in an infringement action by Plant-e Knowledge B.V. and Plant-e B.V. against Arkyne Technologies S.L., concerning EP 2 137 782 relating to a device for converting light energy into electrical energy.
2023-09-29UPC_CFI_15/2023Munich LDInfringement ActionProzessualNur prozessualThe Munich Local Division issued a procedural order setting out requirements for using official CMS forms and workflows, and clarifying that a security for costs application under Rule 158.1 RoP requires demonstration that the opposing party's financial circumstances give reason to fear a cost order cannot be enforced.
2023-08-23UPC_CFI_15/2023Munich LDInfringement ActionProzessualNur prozessualThe Munich Local Division addressed Meril GmbH's request to align deadline for filing the preliminary objection with the deadline running for co-defendant Meril Life Sciences, granting a moderate extension while noting that alignment can also be achieved by shortening later deadlines.
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