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Entscheidungen

DatumFallKammerVerfahrensartAntragAusgangZusammenfassung
2026-02-13UPC_CFI_770/2024Milan LDInfringement ActionProzessualNur prozessualThe Milan Local Division issued a post-interim-conference order in Pirelli v. Sichuan Yuanxing Rubber, resolving preliminary objections (with SYR withdrawing a service objection) and addressing admissibility of photographs and product samples from the earlier seizure.
2026-01-28UPC_CFI_727/2024Milan LDInfringement ActionProzessualNur prozessualThe Milan Local Division issued a post-interim-conference order in Agathon AG v. Intercom s.r.l. and KNARR Vertriebs GmbH, setting out rulings on admissibility of technical drawings filed by the claimant and the handling of conditional auxiliary requests per R. 30.1 RoP.
2026-01-08UPC_CFI_377/2025Milan LDInfringement ActionProzessualNur prozessualThe Milan Local Division partially granted Primetals Technologies' application for an order to produce evidence under Art. 59 UPCA / R. 190 RoP, requiring Danieli to disclose documents relating to alleged infringement of EP 2 624 977 in steel coiling installations supplied to Hoa Phat Group in Vietnam.
2025-11-19UPC_CFI_802/2024Milan LDInfringement ActionVerletzung (Hauptsache)VerletztThe Milan Local Division issued a default judgment against the defendants (Gastroteam Abbe AB and Marciuliano Attrezzature) for infringement of Morello Forni's patent rights, ordering an injunction and information disclosure regarding the 'Pizza Former' machine, as defendants failed to participate in proceedings.
2025-11-07UPC_CFI_1041/2025Dusseldorf LDGeneric OrderProzessualNur prozessualThe Düsseldorf Local Division ruled on Micron's application to extend procedural deadlines (preliminary objections and statement of defence) in a large-scale YMTC v. Micron patent infringement campaign, partially granting extended deadlines.
2025-10-27UPC_CFI_178/2024Milan LDInfringement ActionVerletzung (Hauptsache)Nichtig erklärtThe Milan Local Division revoked EP 2 726 230 B1 (mesh production method and device) in its entirety following the defendants' counterclaim, dismissed the application to amend the patent, and dismissed the infringement action; claimant Progress Maschinen bore the majority of costs.
2025-10-27UPC_CFI_178/2024Milan LDInfringement ActionProzessualNur prozessualThe Milan Local Division issued a rectification order under R. 353 RoP correcting an inaccuracy in the header of its 27 October 2025 decision by adding the full list of defendants' legal representatives (Studio Legale Costa-Creta).
2025-10-07UPC_CFI_226/2025Milan LDApplication Rop 360ProzessualVergleichThe Milan Local Division closed the infringement proceedings between Hypertherm Inc. and Tec.Mo. s.r.l. under R. 360 RoP after the parties reached a settlement agreement, with costs compensated between the parties and partial court fee reimbursement ordered.
2025-10-02UPC_CFI_162/2024Mannheim LDInfringement ActionVerletzung (Hauptsache)Nicht verletztThe Mannheim Local Division dismissed Hurom Co. Ltd.'s infringement action against NUC Electronics Co. Ltd. (Korea) concerning EP 2 028 981 (juice extractor), finding no infringement of claim 1 in the separated part of the proceedings.
2025-10-02UPC_CFI_159/2024Mannheim LDInfringement ActionVerletzung (Hauptsache)VerletztThe Mannheim Local Division found that NUC Electronics Europe GmbH and WARMCOOK infringed claim 1 of Hurom Co. Ltd.'s EP 2 028 981 (juice extractor) in Poland, Spain and the United Kingdom, ordering damages to be assessed and full disclosure of infringing sales; costs awarded to Hurom.
2025-06-17ACT_20004/2024Milan LDInfringement ActionProzessualNur prozessualThe Milan Local Division issued a post-interim-conference order in infringement proceedings between Progress Maschinen & Automation AG and SCHNELL/AWM, deciding on the admissibility of a new auxiliary request, withdrawing certain evidence production requests, and setting the case for oral hearing.
2025-06-17ACT_20004/2024Milan LDInfringement ActionProzessualNur prozessualThe Milan Local Division issued a post-interim-conference procedural order in the Progress Maschinen v. AWM/Schnell infringement action, setting the oral hearing schedule and deferring to the panel the admissibility of a new auxiliary patent amendment request.
2025-05-23ACT_17434/2024Paris LDInfringement ActionVerletzung (Hauptsache)Nichtig erklärtParis Local Division revoked the Dutch, French, German and Italian parts of claims 1-6 of EP 3 155 936 (Hurom slow juicer) as unconditionally amended in the Main Request, and claims 1-3 as amended in the Auxiliary Request, following NUC Electronics' counterclaim for revocation. The patent was found invalid under Art. 138(1) EPC. All of Hurom's infringement claims were dismissed. Hurom's claims for infringement in Poland were held admissible (BSH v Electrolux principle) but dismissed on the merits for lack of evidence. Hurom was ordered to bear all costs.
2025-05-09UPC_CFI_241/2023Milan LDGeneric OrderKostenNur KostenThe Milan Local Division issued a costs decision pursuant to Rule 156 RoP following a prior merits judgment (ORD_598484/2023) in favour of Oerlikon Textile against Bhagat Textile Engineers for infringement of EP 2 145 848. The court awarded Oerlikon EUR 80,000 in recoverable representation costs (EUR 65,000 for the main action and EUR 15,000 for the preservation of evidence proceedings), reduced from the claimed EUR 120,425.28, on the basis that the case was relatively straightforward with no validity or infringement dispute by the defendant.
2025-04-28UPC_CFI_319/2024Milan LDApplication RoP262ANur prozessualOrder from the Milan Local Division dated 28 April 2025 on R. 262A RoP applications filed by ASUSTek Computer Inc., Arvato Netherlands B.V. and Digital River Ireland Ltd. in infringement proceedings (and related counterclaim for revocation) brought by Telefonaktiebolaget LM Ericsson regarding EP 3 076 673. The court ruled on access restrictions for the 'Asustek Confidential Documents', limiting access to specified representatives, one licensing/valuation expert, and one designated company representative, subject to strict confidentiality obligations.
2025-04-28UPC_CFI_318/2024Milan LDApplication RoP262ANur prozessualThe Milan Local Division (Judge-Rapporteur) issued an order in the infringement action by Telefonaktiebolaget LM Ericsson against ASUSTek Computer, Arvato Netherlands and Digital River Ireland concerning EP 3 076 673. The defendants' applications under R. 262A and R. 262.2 RoP sought confidential treatment ('external eyes only') for certain Asustek documents in both the main action and the related counterclaim for revocation. The court ruled on the conditions for granting an 'external eyes only' regime, finding it available in cases of proven risk of conflict between the patent system and antitrust law.
2025-04-07UPC_APP_67917/2024Milan LDInfringement ActionProzessualNur prozessualThe Milan Local Division granted Dainese S.p.A. leave under R.263.3 RoP to limit its claims by excluding all arguments and requests relating to EP 3 498 117 (EP'117), following the EPO Board of Appeal limiting the scope of that patent shortly before the oral proceedings. The action continues in respect of EP 4 072 364 (EP'364) only. The Court rejected Dainese's request for partial reimbursement of court fees (EUR 12,000) as insufficiently reasoned. The defendants' request for a costs decision under R.265(2) RoP was deferred to the final decision. Key headnotes: R.263.3 RoP applies both to limitation of relief (petitum) and limitation of the cause of action (causa petendi); costs are not addressed immediately under R.263 as proceedings continue.
2025-03-11ACT_17336/2024Mannheim LDInfringement ActionProzessualNur prozessualThe Mannheim Local Division ordered a separation of proceedings under Rules 302.1, 303.2 and 340.2 RoP, splitting off claims related to Poland, Spain, Turkey, and the UK pending guidance from the ECJ (Case C-339/22) on international jurisdiction under the Brussels Ia Regulation.
2025-03-11UPC_CFI_159/2024Mannheim LDGeneric OrderVerletzung (Hauptsache)VerletztHurom's patent EP 2 028 981 (slow juicer) was found infringed by NUC Electronics Europe GmbH and WARMCOOK. An injunction was granted covering France, Germany, Italy, the Netherlands, Denmark and Romania. Defendants were ordered to pay damages (amount to be determined), provide information, destroy/recall infringing products, and pay EUR 56,000 in interim legal costs. The court also addressed the intertemporal application of UPCA substantive law to acts committed before and after 1 June 2023. Partial dismissal of remaining requests. Value in dispute set at EUR 675,000.
2025-01-20UPC_CFI_430/2023Nordic-Baltic RDApplication Rop 265ZurückgenommenThe Nordic-Baltic Regional Division declared proceedings closed following the mutual withdrawal of Abbott Diabetes Care Inc.'s infringement action and Dexcom's counterclaim for revocation concerning EP 3 977 921. Both parties consented to each other's withdrawal and agreed that no cost decision would be issued.
2024-12-17ACT_549550/2023Milan LDInfringement ActionProzessualNur prozessualThe Milan Local Division issued a pre-trial conference order in Oerlikon v Himson's infringement and revocation proceedings for EP 2 145 848 B1, addressing pending issues including infringement evidence, damages, the Rule 119 penalty request, and setting the case value at EUR 2,000,000 for cost ceiling purposes.
2024-12-17UPC_CFI_240/2023Milan LDInfringement ActionProzessualNur prozessualProcedural order (interim conference summary) of Milan Local Division in Oerlikon Textile v Himson Engineering (EP 2 145 848). The order summarises the procedural history (evidence preservation order, infringement and revocation counterclaim), the issues discussed at the interim conference (settlement proposals, claim construction, auxiliary requests) and confirms procedural arrangements for the oral hearing. Seven auxiliary requests remain before the court.
2024-11-04UPC_CFI_241/2023Milan LDInfringement ActionVerletzung (Hauptsache)Endgültige UntersagungDecision on the merits by the Milan Local Division (full panel) in an infringement action by Oerlikon Textile GmbH & Co KG against Bhagat Textile Engineers (India) concerning a texturing/structuring machine exhibited at ITMA 2023. The defendant did not contest infringement or validity. The court refused to stay proceedings pending parallel revocation proceedings against the same patent by a different defendant. The court granted a permanent injunction prohibiting sale and promotion of the infringing machine in Italy and Germany, imposed a penalty of EUR 12,000 per breach payable to the court, awarded provisional damages of EUR 15,000, set the case value at EUR 750,000, and ordered Bhagat to bear 80% of costs (with 20% offset for Oerlikon's behavior during settlement negotiations).
2024-11-04UPC_CFI_241/2023Milan LDInfringement ActionVerletzung (Hauptsache)VerletztMilan Local Division found that Bhagat Textile Engineers infringed EP 2 145 848 by exhibiting its texturing machine at ITMA fair in June 2023. The Court issued a permanent injunction against sales in Italy and Germany, imposed a penalty of EUR 12,000 per violation, and ordered provisional damages of EUR 15,000. Costs were 80% charged to Bhagat, 20% compensated between parties.
2024-09-17UPC_CFI_240/2023Milan LDInfringement ActionProzessualNur prozessualThe Milan Local Division refused Oerlikon's request to admit an eighth auxiliary request to amend EP 2 145 848 B1, finding that AR8 did not constitute an effective response to the new prior art relied upon and that it introduced an inadmissible intermediate generalisation contrary to Art. 84 EPC.
2024-09-17UPC_CFI_240/2023Milan LDInfringement ActionProzessualNur prozessualThe Milan Local Division refused Oerlikon's request to admit an eighth auxiliary request to amend EP 2 145 848 B1, finding that AR8 did not constitute an effective response to the new prior art relied upon and that it introduced an inadmissible intermediate generalisation contrary to Art. 84 EPC.
2024-07-23UPC_CFI_240/2023Milan LDGeneric OrderProzessualNur prozessualProcedural order of the Milan Local Division (in Italian) in Oerlikon Textile v Himson Engineering (EP 2 145 848) granting Oerlikon's application for a confidentiality order under R. 262A RoP over financial information provided in reply to a R. 158 RoP request. The court constituted a confidentiality club comprising only legal representatives of Himson (not the party itself), consistent with the financial sensitivity of the documents.
2024-06-06ACT_549585/2023Milan LDInfringement ActionProzessualNur prozessualProcedural order in infringement proceedings by Oerlikon Textile GmbH & Co. KG against Bhagat Textile Engineers (Milan Local Division). The judge-rapporteur set the provisional value of the case at EUR 750,000 for purposes of recoverable costs ceiling. Access to expert report obtained via preservation-of-evidence order was granted to both parties. Deadlines were set for submission of additional documents and a case summary ahead of the oral hearing scheduled for 27 September 2024.
2024-05-14UPC_CFI_241/2023Milan LDGeneric OrderProzessualNur prozessualProcedural order (in Italian) requiring parties to submit a summary of issues to be addressed at the forthcoming Interim Conference and to notify the court of attendees' names and capacities. The order also addressed the balance between the transparency principle and the right to protect confidential information, particularly regarding costs information in a case where a settlement may have been under discussion.
2024-05-08UPC_CFI_513/2023Munich LDPreliminary objectionNur prozessualOrder partially rejecting Network System Technologies' preliminary objection against Texas Instruments in an infringement action. The court also rejected Texas Instruments' request to declare the action manifestly bound to fail (Rule 361 RoP). Leave to appeal granted for both parts.
2024-05-08UPC_CFI_513/2023Munich LDGeneric applicationNur prozessualOrder partially rejecting a preliminary objection and rejecting request to declare action manifestly bound to fail (Rule 361 RoP) in Network System Technologies v. Texas Instruments infringement action. Leave to appeal granted. (Related companion order to FCEF24C01B7B5A6ED33BAD356F867213_en.pdf.)
2024-04-23UPC_CFI_515/2023Munich LDGeneric applicationAbgewiesenMunich Local Division dismissed the applications by Volkswagen AG, Audi AG, Texas Instruments Inc., and Texas Instruments Deutschland GmbH requesting the Court to order Network System Technologies LLC (NST) to provide security for legal costs under Art. 69.4 UPCA and R.158 RoP. The Court found that the applications did not meet the legal standards for ordering such security.
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.
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.
2023-09-27UPC_CFI_240/2023Milan LDInfringement ActionProzessualNur prozessualThe Milan Local Division rejected a Rule 262.1(b) request for case file access filed by a lawyer claiming to represent Himson Engineering, holding that a lawyer who is party-affiliated (even without formal appearance) is not a 'third party' within the meaning of Rule 262.1(b) and cannot access the file before service is complete.
2023-07-21UPC_CFI_241/2023Milan LDInfringement ActionProzessualNur prozessualThe Milan Local Division ordered service of the Statement of Claim on defendants without transmitting the approximately 2,000 pages of exhibits, with the claimant's consent.
2023-07-21UPC_CFI_240/2023Milan LDInfringement ActionProzessualNur prozessualThe Milan Local Division ordered that the Statement of Claim be served on the defendants without transmitting copies of the approximately 2,000 pages of attached exhibits, with the claimant's prior consent.
2023-06-26UPC_CFI_57/2023Milan LDInfringement ActionProzessualNur prozessualThe Milan Local Division ordered that service of the Statement of Claim on Autostore defendants be effected without attaching copies of the approximately 2,000 pages of exhibits, with the claimant's consent, in the interest of efficiency.
2023-06-26UPC_CFI_57/2023Milan LDInfringement ActionProzessualNur prozessualThe Milan Local Division panel issued a procedural order setting out next steps in Ocado Innovation's infringement action against Autostore, following the initial service phase.