| — | UPC_CFI_755/2024 | — | — | — | PI erteilt | The Munich Local Division granted Avago Technologies an anti-suit/anti-enforcement injunction preventing Realtek Semiconductor from pursuing an anti-enforcement injunction in US proceedings that would block Avago from enforcing EP 1 770 912 before UPC courts, holding the UPC has jurisdiction for such provisional measures under Art. 32(1)(a)(c) UPCA. |
| 2026-02-19 | UPC_CFI_26/2025 | Vienna LD | Infringement Action | Verletzung (Hauptsache) | Nicht verletzt | The Vienna Local Division dismissed both Messerle GmbH's infringement action and Sabert Corporation Europe's counterclaim for revocation concerning EP 3 705 415 B1 (a packaging-related patent). The infringement action was dismissed because the accused 'Tray2Go' product did not directly or equivalently infringe the patent claims — the Court found no technical-functional equivalence of the substitute means used in the accused product. The counterclaim for revocation was also dismissed, so the patent was maintained as granted. Each party bears its own costs (maximum EUR 600,000 total, split evenly between action and counterclaim). |
| 2025-11-17 | UPC_CFI_885/2025 | Dusseldorf LD | Application for an Order for inspection pursuant to RoP199 | Beweis | Nur prozessual | The Düsseldorf Local Division ordered the release of an expert report obtained during an earlier trade fair inspection (EMO Hannover) to OTEC Präzisionsfinish GmbH, ruling on the redaction of trade secrets (prices, quantities, customer bank details) while allowing disclosure of technical measurements relevant to infringement. |
| 2025-10-15 | UPC_CFI_115/2025 | Dusseldorf LD | Generic Order | Nichtigkeit (Hauptsache) | Teilweise nichtig | The Düsseldorf Local Division found that the infringement action failed (patent not infringed) while partially upholding the defendants' counterclaim for revocation: the patent EP 2 755 901 B1 (egg packaging) was revoked in part, with the counterclaim otherwise dismissed. Priority, inventive step, and equivalence were the key issues. |
| 2025-09-22 | UPC_CFI_885/2025 | Dusseldorf LD | Application for an Order for inspection pursuant to RoP199 | Beweis | Nur prozessual | The Düsseldorf Local Division granted OTEC Präzisionsfinish GmbH an ex parte inspection and evidence preservation order against STEROS GPA INNOVATIVE S.L. at the Hannover Messe trade fair, concerning EP 2 983 864 B1 (surface finishing technology). |
| 2025-07-30 | UPC_CFI_208/2024 | Munich LD | Application RoP262.1 (b) | — | Nur prozessual | Procedural 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. |
| 2025-07-28 | UPC_CFI_492/2025 | Munich LD | Generic application | — | Nur prozessual | The Munich Local Division issued a procedural order granting Roborock Germany GmbH (and co-defendants Beijing Roborock Technology Co., Ltd. and Roborock International B.V.) an extension of time for filing their preliminary objection, Statement of Defence and counterclaim for revocation in the infringement action brought by Papst Licensing GmbH & Co. KG concerning EP 3 030 943. The extension was agreed by the claimant and was justified by case complexity and the need to align deadlines across all defendants. |
| 2025-07-22 | UPC_APP_23201/2025 | Munich LD | Generic application | Beweis | Nur prozessual | Munich Local Division full panel order (Zigann/Pichlmaier/Schober) in inspection/evidence preservation proceedings (Beweissicherungsverfahren) between Nanoval GmbH & Co. KG (applicant) and ALD Vacuum Technologies GmbH (respondent) concerning EP 3 083 107. The court dismissed ALD's application to revoke the inspection order of 3 February 2025 under R. 198.1 VerfO, finding that Nanoval had filed the main action (on 3 May 2025) within the prescribed time limit. The court clarified (headnotes) that: (1) the court has no discretion over the length of the R. 198.1 period but does have discretion over its start date; (2) the rapporteur may change the start date if the expert report is delivered late; (3) such a procedural order is subject to panel review under R. 333 VerfO within 15 days. |
| 2025-06-06 | UPC_CFI_471/2023 | Mannheim LD | Infringement Action | — | Nicht verletzt | The Mannheim Local Division ruled on the infringement action and revocation counterclaim regarding EP 2 479 680 (adaptive bitrate HTTP streaming). The infringement claim was dismissed as the defendants' systems did not literally or equivalently infringe the patent. The revocation counterclaim was dismissed; the patent was maintained in amended form under Auxiliary Request 12. Infringement costs were borne by the claimants; revocation counterclaim costs were borne by the defendants. Each party bore its own representation costs. The dispute value was set at EUR 20,000,000. |
| 2025-05-28 | ORD_25482/2025 | Munich LD | Generic Order | Beweis | Nur prozessual | Order of the Munich Local Division on a review (Rule 197.3 RoP) requested by ALD Vacuum Technologies GmbH of an ex-parte evidence preservation and inspection order made on 3 February 2025 in favour of Nanoval GmbH & Co. KG concerning EP 3 083 107. After an oral hearing, the panel reviewed whether the evidence preservation order should be upheld or annulled. |
| 2025-04-23 | UPC_CFI_471/2023 | Mannheim LD | Infringement Action | — | Nur prozessual | Pre-trial procedural order from the Mannheim Local Division in an infringement action concerning EP 2 479 680 (adaptive bitrate streaming), confirming the oral hearing date and identifying key contested issues, including claim construction of the HTTP streaming method claims, direct and equivalent infringement, and the defendant's invalidity counterclaim. The order is preparatory and contains no substantive ruling. |
| 2025-04-14 | UPC_APP_15498/2025 | Munich LD | Amend Document | Prozessual | Nur prozessual | Munich Local Division order on Syngenta's application (R. 263 RoP) for leave to amend its claim in infringement proceedings concerning a pesticide patent to extend the territorial scope of its claim to Poland, Czech Republic and the United Kingdom. Sumi Agro opposed the amendment. The order addresses the conditions for late amendment of claim and territorial expansion under R. 263 RoP. |
| 2025-03-11 | UPC_CFI_201/2024 | Munich LD | Generic application | — | Nur prozessual | Order from Munich Local Division dated 11 March 2025 on procedural matters arising from a preliminary injunction dispute between Syngenta and Sumi Agro. The panel upheld the judge-rapporteur's earlier order dismissing Sumi Agro's application to revoke provisional measures (which had been granted on 27 August 2024). The panel held that Syngenta had filed and paid court fees for the main proceedings in time to satisfy R. 213(1) and R. 15(2) RoP, confirming that payment does not require receipt by the court before the deadline, only that the fee was paid. Syngenta's application for re-establishment of rights was also dismissed as unfounded. Leave to appeal was granted given the fundamental interpretive issues involved. |
| 2025-02-19 | UPC_CFI_322/2024 | Munich LD | Application Rop 265 | — | Vergleich | The Munich Local Division declared both the infringement action (by Dyson Technology Limited against SharkNinja Europe Limited and SharkNinja Germany GmbH concerning EP 2 043 492) and the defendants' counterclaim for revocation closed, following an out-of-court settlement. Dyson withdrew the infringement claim and SharkNinja withdrew the revocation counterclaim, both waiving their respective claims. Each party was ordered to receive 60% reimbursement of the relevant court fees. |
| 2025-01-16 | UPC_CFI_33/2024 | Vienna LD | Infringement Action | Verletzung (Hauptsache) | Verletzt | Vienna Local Division found that Strabag Infrastructure & Safety Solutions GmbH infringed SWARCO FUTURIT's European Patent EP 2 643 717. The Court granted an injunction, recall of infringing products from distribution channels, provision of information and destruction of infringing products. Damages were referred to a separate assessment procedure. A validity defence was not considered as no counterclaim for revocation was filed. SWARCO's request to publish the judgment was rejected; Strabag and the intervener were ordered to bear costs. |
| 2025-01-14 | ACT_2379/2024 | Dusseldorf LD | Infringement Action | Verletzung (Hauptsache) | Verletzt | Final decision in infringement action (with counterclaim for revocation) concerning an avalanche transceiver patent. The Düsseldorf Local Division found direct and indirect infringement by the Mammut defendants, granted an injunction, ordered recall and removal from distribution channels, ordered provision of accounts, and declared liability for damages (with EUR 3,000 preliminary damages awarded). The counterclaim for revocation was dismissed. Costs were split: claimant to bear 80%, each defendant 10% of infringement action costs; defendants to bear costs of revocation counterclaim. |
| 2025-01-14 | CC_17292/2024 | Dusseldorf LD | Counterclaim for revocation | Nichtigkeit (Hauptsache) | Endgültige Untersagung | The Düsseldorf Local Division found that Mammut Sports Group AG and GmbH infringed EP 3 466 498 B1 (owned by Ortovox Sportartikel GmbH, relating to a transceiver device for avalanche rescue) and dismissed the counterclaim for revocation, maintaining the patent. The Court granted an injunction, ordered product recall and removal from distribution channels, ordered disclosure of information and accounting, and awarded EUR 3,000 in provisional damages. Indirect infringement was found because Mammut induced end-users to activate the infringing feature. The Court rejected the request for publication of the decision as Ortovox's interests were sufficiently protected by the injunction. 80% of infringement action costs borne by claimant (Ortovox) and 10% each by defendants; counterclaim costs borne equally by defendants. |
| 2025-01-13 | UPC_APP_223/2025 | Unknown | — | Einstweilige Verfügung | Zurückgenommen | The Munich Local Division allowed Avago Technologies' withdrawal of its application for provisional measures against Realtek Semiconductor. The ex parte order had not yet been served, and the proceedings were declared closed. |
| 2025-01-07 | UPC_APP_66720/2024 | Munich LD | Application Rop 265 | Prozessual | Zurückgenommen | The Munich Local Division granted Tesla's application to withdraw its counterclaim for revocation in the infringement proceedings brought by Avago Technologies, as both parties consented and no cost decision was requested; the revocation proceedings are formally terminated. |
| 2025-01-07 | UPC_APP_66758/2024 | Munich LD | Application Rop 265 | Prozessual | Zurückgenommen | The Munich Local Division allowed Avago Technologies International Sales' withdrawal of its infringement action against Tesla Germany GmbH and Tesla Manufacturing Brandenburg SE. Each party bears its own costs. |
| 2024-12-09 | UPC_CFI_755/2024 | Munich LD | Application for provisional measures | Prozessual | Nur prozessual | The Munich Local Division issued a rectification order (R. 353 RoP) correcting a factual error in the anti-suit/anti-enforcement injunction order of 9 December 2024 against Realtek Semiconductor, clarifying language about the prior license agreement between Avago's predecessor and Realtek. |
| 2024-10-20 | UPC_CFI_471/2023 | Mannheim LD | Generic application | — | Nur prozessual | Procedural order on a request for disclosure of information about the configuration and coding scheme of video files (Rule 191 RoP). The court declined to order disclosure at this stage due to the uncertain validity of the patent, finding it would be disproportionate to require defendants to provide the requested technical information before validity is established. |
| 2024-08-27 | ACT_23636/2024 | Munich LD | Application for provisional measures | Einstweilige Verfügung | PI erteilt | Munich Local Division granted a preliminary injunction (inter partes) against respondents ordering them to cease and desist from manufacturing, offering, placing on the market, using, exporting or possessing a herbicide composition (Kagura) infringing a patent with claims directed to a composition, across multiple UPC contracting states. The court held that for a product composition claim the applicant need only allege and prove the composition had all features of the claim; it is not required to explain why the composition had those features. Distributing infringing products outside contracting states while advertising under the same name inside creates a risk of first infringement. An actus contrarius is insufficient to eliminate such risk; a cease-and-desist declaration with penalty clause is required. Respondents may revoke the injunction if applicant does not commence main proceedings within 31 calendar days. |
| 2024-08-26 | UPC_CFI_54/2023 | Hamburg LD | Infringement Action | Verletzung (Hauptsache) | Nicht verletzt | The Hamburg Local Division dismissed Avago's infringement claim against Tesla for EP 1 612 910 B1 (power management system) as no infringement of any claim could be established, and on Tesla's counterclaim partially revoked the patent, maintaining only claim 1 in the form of auxiliary request 1 with claim 3 deleted. |
| 2024-08-12 | UPC_APP_36807/2024 | Vienna LD | Application RoP262.1 (b) | Prozessual | Nur prozessual | Order on a public-access application (R. 262.1(b) RoP) filed by DMV industrijski kontrolni sistemi d.o.o. seeking access to pleadings and evidence in an ongoing infringement case (SWARCO Futurit v. STRABAG, Vienna Local Division) involving EP 2 643 717. The court held that, for pending proceedings, a third-party applicant must show a legally qualified interest (beyond mere informational or economic interest) to outweigh the interest in protecting the integrity of ongoing proceedings. The application was denied as the proceedings were still pending. |
| 2024-06-16 | UPC_CFI_201/2024 | Munich LD | Generic Order | — | Nur prozessual | The Munich Local Division granted a confidentiality protection order under Rule 262A RoP for documents in provisional measures proceedings, covering information in Confidential Exhibits SA-1 and SA-9 submitted by the defendants (Sumi Agro). The claimant (Syngenta) did not formally object. The order was issued in a new workflow due to a CMS malfunction in the original application. |
| 2024-06-12 | UPC_APP_34029/2024 | Munich LD | Generic application | Prozessual | Nur prozessual | The Local Division Munich, in preliminary measures proceedings, granted a postponement of the oral hearing from 11 July to 12 July 2024 at the request of defendants whose counsel had a prior conflicting hearing, as the claimant ultimately agreed to the rescheduling. |
| 2024-01-25 | UPC_CFI_452/2023 | Dusseldorf LD | Application for provisional measures | Prozessual | Nur prozessual | The Düsseldorf Local Division panel issued a procedural order in the Ortovox v. Mammut provisional measures case, setting out the criteria for reviewing a unilateral (ex parte) provisional measures order under Rule 212.3 / 197.3-4 RoP, and noting that the patent's validity must be sufficiently established before granting provisional measures. |
| 2024-01-24 | UPC_CFI_452/2023 | Dusseldorf LD | Application for provisional measures | Prozessual | Nur prozessual | The Düsseldorf Local Division issued a procedural order in the Ortovox v. Mammut provisional measures proceedings, directing the respondents (Mammut) to re-upload their inspection requests in the dedicated CMS workflow for Rule 212.3 RoP applications within a set deadline. |
| 2023-12-11 | UPC_CFI_452/2023 | Dusseldorf LD | Application for provisional measures | Einstweilige Verfügung | PI erteilt | The Düsseldorf Local Division granted an ex parte order for provisional measures (Rule 212.1 RoP) in favour of Ortovox Sportartikel GmbH against Mammut Sports Group AG and Mammut Sports Group GmbH, in relation to EP 3 466 498 B1 covering an avalanche transceiver (Lawinen-Verschütteten-Suchgerät). |
| 2023-12-05 | UPC_CFI_54/2023 | Hamburg LD | Infringement Action | Prozessual | Nur prozessual | The Hamburg Local Division issued a further procedural order setting deadlines for Avago Technologies to file its reply and response to the invalidity counterclaim, after additional submissions regarding the start date of the reply deadline, in the infringement action against Tesla Germany GmbH and Tesla Manufacturing Brandenburg SE. |
| 2023-11-28 | UPC_CFI_54/2023 | Hamburg LD | Infringement Action | Prozessual | Nur prozessual | The Hamburg Local Division issued a procedural order setting the deadline for Avago Technologies to file its reply to the statement of defence and its response to the invalidity counterclaim, taking into account the delayed receipt of the confidential defence version and aligning the two deadlines. |
| 2023-11-03 | UPC_CFI_54/2023 | Hamburg LD | Infringement Action | Prozessual | Nur prozessual | The Hamburg Local Division issued a final confidentiality order under Rule 262A RoP in Avago v. Tesla, defining the scope of protection for trade secrets and the category of persons permitted to access confidential information. |
| 2023-10-04 | UPC_CFI_54/2023 | Hamburg LD | Infringement Action | Prozessual | Nur prozessual | The Hamburg Local Division issued a provisional order restricting access to confidential information under Rule 262A RoP to the parties' legal representatives only, pending a final decision on the confidentiality application, in an infringement action by Avago Technologies against Tesla entities concerning EP 1 612 910. |
| 2023-09-13 | UPC_CFI_182/2023 | Vienna LD | Application for provisional measures | Einstweilige Verfügung | PI abgelehnt | The Vienna Local Division denied CUP&CINO's application for provisional measures against ALPINA COFFEE SYSTEMS GmbH (EP 3 398 487 B1 — milk foam device), finding no patent infringement because the attacked product did not implement the claimed pipe section feature, and ordering CUP&CINO to pay EUR 25,600 in final costs. |
| 2023-08-22 | UPC_CFI_54/2023 | Hamburg LD | Infringement Action | Prozessual | Nur prozessual | The Hamburg Local Division addressed Tesla's request for a deadline extension to file its defence in Avago Technologies' infringement action, in circumstances where key personnel were on holiday and supplier coordination was required. |