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Entscheidungen

DatumFallKammerVerfahrensartAntragAusgangZusammenfassung
2026-01-30UPC_CFI_365/2023Mannheim LDInfringement ActionVerletzung (Hauptsache)outcomeName.otherThe Mannheim Local Division confirmed the earlier imposition of penalties order of 20 January 2026 against Kodak GmbH and related entities for non-compliance with a final judgment requiring provision of financial and technical information to FUJIFILM Corporation (EP 3 511 174). The Court rejected Kodak's challenge and upheld the maximum daily penalty as justified given the extent and seriousness of the non-compliance. Leave to appeal was granted to develop UPC case law on enforcement measures.
2026-01-26UPC_CFI_2045/2025Mannheim LDInfringement ActionProzessualNur prozessualOrder of the President of the Court of First Instance granting Amazon's application under R.323 RoP to change the language of proceedings from German to English (the language in which the patent was granted). The court found that none of the defendants is based in Germany, that they all require English for internal coordination, and that the circumstances of the case and fairness under Art.49(5) UPCA justified the change.
2025-12-19UPC_CFI_494/2025Hamburg LDInfringement ActionProzessualNur prozessualHamburg Local Division procedural order on HMD Global's request for production of licence agreements (R. 190 RoP) in Fraunhofer's SEP infringement action. The Court granted partial disclosure: HMD's request regarding the AAC Patent License Agreement with a named third party (whose identity is redacted) was granted subject to a confidentiality declaration, as Fraunhofer had consented. The request regarding a second bilateral agreement was not yet ripe for determination.
2025-12-19UPC_CFI_494/2025Hamburg LDProcedural OrderProzessualNur prozessualDuplicate of the Hamburg Local Division order (19 December 2025) on HMD Global's request for production of licence agreements under R. 190 RoP in Fraunhofer's MPEG-4/AAC SEP infringement proceedings against HMD Global.
2025-12-12UPC_CFI_766/2025Milan LDInfringement ActionProzessualNur prozessualThe Milan Local Division ordered alternative service on Shenzhen Asmax Infinite Technology Co. under the Hague Service Convention after two failed service attempts (rejected by Chinese authorities due to incorrect reference to Hong Kong), applying Art. 15(2) of the Convention.
2025-12-09UPC_CFI_432/2025Dusseldorf LDApplication Rop 265ProzessualZurückgenommenThe Düsseldorf Local Division permitted Headwater Research's withdrawal of its patent infringement action against Apple entities and the corresponding withdrawal of Apple's counterclaim for revocation of EP 3 107 243, with no costs order by agreement of the parties.
2025-10-10UPC_CFI_303/2024Munich LDInfringement ActionVerletzung (Hauptsache)Nichtig erklärtThe Munich Local Division revoked Motorola Mobility LLC's EP 3 972 309 (telecommunications patent) in full after finding added matter beyond the parent application, and dismissed the infringement action against ASUSTek, ASUS Computer GmbH and ASUSTEK (UK); costs borne by claimant Motorola.
2025-09-26UPC_CFI_26/2024Dusseldorf LDWithdrawal (RoP265)RücknahmeZurückgenommenThe Düsseldorf Local Division recorded the withdrawal by Headwater Research LLC of its infringement action (EP 3 110 069) against Samsung Electronics entities after the court had issued a decision on 30 July 2025 dismissing the infringement action and revoking the patent; both parties to bear own costs.
2025-07-23UPC_CFI_365/2023Mannheim LDGeneric applicationProzessualNur prozessualMannheim Local Division issued an enforcement order imposing penalty payments on Kodak entities for non-compliance with the obligation to destroy infringing embodiments under a prior decision. The Court granted Fujifilm's application for imposition of penalties for each week of non-compliance, while rejecting other enforcement requests. Defendants bear the costs.
2025-07-15UPC_CFI_302/2024Munich LDHearingNur prozessualProcedural order scheduling an additional interim hearing on the topic of FRAND licensing on 21 July 2025, to be held in person in English, in camera (non-public), in the parallel case UPC_CFI_302/2024 and UPC_CFI_667/2024 (Lenovo v. ASUSTek).
2025-06-15UPC_CFI_26/2024Dusseldorf LDInfringement ActionProzessualNur prozessualDüsseldorf Local Division dismissed Samsung's application for security for costs against Headwater Research LLC under R. 158 RoP. The Court found that while enforcing a cost order against a US-domiciled entity might be more burdensome, the evidence showed Headwater generates recurring revenues from licensing, making the concern about non-recovery insufficiently justified.
2025-04-02UPC_CFI_365/2023Mannheim LDGeneric OrderVerletzung (Hauptsache)VerletztThe Mannheim Local Division found that Kodak GmbH, Kodak Graphic Communications GmbH, and Kodak Holding GmbH infringed EP 3 511 174 (relating to printing plate technology) owned by FUJIFILM. The defendants were ordered to cease infringement, provide information, destroy infringing products, recall products from commerce, and pay FUJIFILM EUR 300,000 as an interim award on legal costs. The counterclaim for revocation was dismissed. The value of the dispute was set at EUR 15,000,000.
2025-04-02UPC_CFI_365/2023Mannheim LDGeneric OrderProzessualNur prozessualMannheim Local Division separated and ordered independent proceedings for claims and counterclaims relating to the UK national part of European patent EP 3 511 174, following the ECJ's judgment in C-339/22 (BSH Hausgeräte) regarding UPC's jurisdiction under Brussels Ia Regulation. The Court acted after awaiting the ECJ decision which was delivered after the oral hearing.
2025-01-30UPC_CFI_359/2023Mannheim LDInfringement ActionNur prozessualPre-trial order of Mannheim Local Division in FUJIFILM v Kodak (EP 3 476 616) setting out preliminary views and questions from the judge-rapporteur in advance of the oral hearing. The order identifies key issues on claim construction, novelty and inventive step (prior art: WO 379, US 952, EP 452, JP 021, EP 408) and directs the parties' attention to specific technical questions requiring focused argument at the hearing.
2025-01-27UPC_CFI_302/2024Munich LDInfringement ActionNur prozessualProcedural order from the Munich Local Division dated 27 January 2025 issued by the judge-rapporteur setting the timetable for infringement proceedings brought by Lenovo (Singapore) against ASUSTek Computer Inc. and related entities regarding EP 3 682 587. The order schedules an interim conference via videoconference on 25 September 2025 and an oral hearing in person in Munich on 19 November 2025.
2025-01-22UPC_CFI_365/2023Mannheim LDInfringement ActionProzessualNur prozessualThe Mannheim Local Division issued a preparatory procedural order ahead of the oral hearing in a patent infringement action brought by Fujifilm against Kodak entities concerning EP 3 511 174. The order set out preliminary views and questions on contested legal and technical points, including cross-border relief for the UK, interpretation of main vs. subsidiary requests, and claim construction, without making any final substantive ruling.
2025-01-15UPC_CFI_402/2023Munich LDApplication Rop 265ZurückgenommenInfringement 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.
2023-12-19UPC_CFI_201/2023Dusseldorf LDInfringement ActionProzessualNur prozessualThe Düsseldorf Local Division clarified that the deadline for Nutricia's defence to the counterclaim for revocation and patent amendment application is 20 December 2023, per Rule 29.1 RoP (duplicate version of the same order).
2023-12-19UPC_CFI_201/2023Dusseldorf LDInfringement ActionProzessualNur prozessualThe Düsseldorf Local Division issued a procedural order pursuant to Art. 33(3)(a) UPCA and Rule 37.2 RoP, deciding to proceed jointly with both the infringement action brought by Nutricia and the counterclaim for revocation filed by Nestlé Health Science, rather than bifurcating the proceedings.
2023-12-14UPC_CFI_201/2023Dusseldorf LDInfringement ActionProzessualNur prozessualThe Düsseldorf Local Division clarified, at Nutricia's request, that the deadline for filing a defence to the counterclaim for revocation and any application to amend the patent is 20 December 2023 (two months after service of the defence with counterclaim on 20 October 2023), per Rule 29.1 RoP.