UPC Analytics
DEEN

Entscheidungen

DatumFallKammerVerfahrensartAntragAusgangZusammenfassung
2026-01-13UPC_CFI_1624/2025Munich LDApplication For CostsKostenNur prozessualThe Munich Local Division (in German) granted the claimant re-establishment of rights under R. 320 RoP for missing the deadline to initiate cost proceedings following a cost ratio decision, finding an excusable misunderstanding of the legal situation despite legal representation; a dissenting opinion was appended.
2026-01-13UPC_CFI_1624/2025Munich LDApplication For CostsKostenNur prozessualThe Munich Local Division (English version) granted the claimant re-establishment of rights under R. 320 RoP for missing the deadline to initiate cost proceedings, with a dissenting opinion holding the application should be inadmissible for lack of legal interest.
2025-12-17UPC_CFI_1262/2025The Hague LDApplication RoP262.1 (b)ProzessualAbgewiesenThe Hague Local Division refused an anonymous applicant's request to access the case file of UPC_CFI_830/2025 (an application for provisional measures by Abbott Diabetes Care against MicroTech Medical and others relating to EP 3 960 072, a diabetes monitoring device). The applicant claimed to represent a competitor conducting a freedom-to-operate analysis for a CGM product. The Court found the applicant's specific interest insufficiently established: the identity of the unnamed 'client' could not be verified, and the urgency of access before the proceedings concluded was not justified, particularly given the proceedings were expected to conclude within weeks.
2025-09-17UPC_APP_36817/2025The Hague LDNotice of intention to enforce (RoP118.8)VollstreckungNur prozessualThe Hague Local Division issued a final procedural order authorising enforcement of a prior provisional measures order in favour of Washtower IP B.V. against multiple defendants concerning EP3522755, including injunctions, information disclosure, penalty payments, and costs, following receipt of the required security deposits.
2025-09-11UPC_APP_36707/2025The Hague LDHearingProzessualPI erteiltThe Hague Local Division granted Washtower's application for provisional measures against defendants 2–5 (IBBH, BEGA Consult, BEGA BBK and NEG Novex), handing down injunctions against the making, offering and marketing of Laundreezy and Respekta Clara washing machine cabinets that infringe EP 3 522 755 B1, together with information and recall orders and an interim costs award of €56,000; the application against defendant 1 (Wasombouw) was withdrawn after settlement.
2025-08-21UPC_APP_26908/2025The Hague LDGeneric applicationBeweisNur prozessualThe Hague Local Division dismissed Black Sheep Retail Products B.V.'s application to deposit three physical objects as late exhibits in the infringement and counterclaim for revocation proceedings against HL Display AB (UPC_CFI_386/2024, EP 2 432 351). The Court rejected the application because no explanation was given as to why the physical objects could not have been filed together with the rejoinder of 20 February 2025.
2025-08-13UPC_APP_11672/2025The Hague LDProcedural OrderProzessualNicht verletztThe Hague Local Division dismissed Winnow Solutions' infringement action against Orbisk B.V. (food waste monitoring system, EP 3 198 245), finding no infringement. The patent was partially revoked and Winnow was ordered to pay EUR 112,000 in legal costs.
2025-04-29UPC_APP_12962/2025The Hague LDApplication Rop 265ProzessualVergleichThe Hague Local Division order granting withdrawal of both the infringement action (filed by Hand Held Products Inc.) and the counterclaim for revocation (filed by Scandit AG and Scandit Inc.) concerning EP 4 163 816, following a settlement between the parties. Both parties consented to withdrawal; no cost decisions were requested. The court also ordered 60% reimbursement of court fees to each party (written procedure not concluded in either action) and set the value of each action at EUR 3,000,000. The register was instructed to record the closure of both actions.
2025-04-01UPC_APP_10764/2025The Hague LDGeneric applicationProzessualNur prozessualThe Hague Local Division ruled on a re-establishment of rights application (R. 320 RoP) filed by the Polish defendant (Szymon Spyra) in an infringement action brought by Amycel LLC concerning EP 1 993 350. Following the grant of provisional measures, service of the statement of claim had been effected by alternative means under R. 275 RoP after personal service attempts failed. The order addressed the defendant's re-establishment request in the context of a deadline for filing a defence.
2025-03-26UPC_APP_5154/2025Mannheim LDApplication RoP262.1 (b)ProzessualNur prozessualThe Mannheim Local Division issued an order on a third-party law firm's (AMPERSAND) application for access to case files under Rule 262.1 RoP in the Panasonic v. OPPO infringement proceedings, addressing the scope of public access to submissions and evidence.
2025-03-18UPC_CFI_554/2024The Hague LDApplication for preserving evidence pursuant to RoP192BeweisNur prozessualA standing judge at The Hague Local Division granted Data Detection Technologies an ex-parte order to preserve evidence at the Seeds meets Technology 2024 fair in the Netherlands, authorising inspection, photography and seizure of documents relating to Doytec's seed counting machine allegedly infringing EP 2 569 713.
2025-02-26UPC_APP_2369/2025Munich LDApplication Rop 362ProzessualNur prozessualThe Munich Local Division issued a corrective order amending the operative part of a prior decision to reflect the substitution of the party in the revocation counterclaim proceedings, and deferred ruling on an application to bar proceedings under Rule 362 RoP until the main hearing.
2025-02-26ORD_9486/2025Munich LDGeneric OrderProzessualNur prozessualProcedural order of the Munich Local Division in infringement and revocation counterclaim proceedings concerning a metal sintering preparation patent. The order addresses: (1) correction of a prior order of 2 December 2024 by adding an operative clause ordering the substitution of the counter-claimant in the revocation proceedings from Heraeus Precious Metals to Heraeus Electronics; (2) request for review by the panel under R. 333 RoP; and (3) a claimant application regarding the counterclaim under R. 362 RoP concerning the German designation of the patent.
2025-02-19UPC_CFI_16/2025The Hague LDApplication for preserving evidence pursuant to RoP192BeweisNur prozessualThe Hague Local Division issued a procedural order concerning access to an expert's written report from evidence preservation proceedings, regulating a confidentiality regime for the report initially limiting access to defendants' representatives and later extending it to the applicant.
2025-01-29UPC_APP_68468/2024The Hague LDApplication Rop 265ProzessualZurückgenommenOrder of The Hague Local Division permitting withdrawal of the infringement action by Abbott Diabetes Care Inc. against Dexcom Inc. and Dexcom International Limited, and withdrawal of the counterclaims for revocation by both defendants. All parties mutually consented. The Court also allowed claimant's request for 20% reimbursement of court fees under Rule 370.9 RoP.
2025-01-29UPC_APP_68465/2024The Hague LDApplication Rop 265ProzessualZurückgenommenOrder from the Hague Local Division (UPC_CFI_424/2023) declaring infringement and revocation counterclaim proceedings closed following withdrawal of all claims by all parties. Both parties jointly requested withdrawal; the court found no final decision existed and no party had a legitimate interest in a court ruling. No cost decision was requested.
2025-01-29UPC_APP_68474/2024The Hague LDGeneric applicationProzessualZurückgenommenThe Hague Local Division order allowing withdrawal of all claims and counterclaims in infringement proceedings between Abbott Diabetes Care Inc. and Dexcom Inc. concerning EP 4 070 727. All parties requested withdrawal; the court allowed the withdrawals and ordered reimbursement of 20% of court fees to the defendant/counterclaimant Dexcom per R. 370.9. The proceedings are closed.
2025-01-22ACT_1474/2025The Hague LDApplication for preserving evidence pursuant to RoP192BeweisNur prozessualThe Hague Local Division granted Mammoet Holding B.V.'s application for preserving evidence against PTS Machinery B.V., ordering an expert inspection of the defendant's premises without prior hearing to gather evidence of alleged infringement of EP 4 171 996. Security of EUR 20,000 was required.
2025-01-02ORD_48265/2024Munich LDGeneric OrderProzessualNur prozessualThe Munich Local Division ordered that the infringement action and the counterclaim for revocation (CC_20512/2024) be heard together before the Munich Local Division, and set dates for an interim conference and oral hearing.
2024-11-14UPC_APP_43938/2024Munich LDApplication RoP262AProzessualNur prozessualProcedural order from the Munich Local Division (UPC_CFI_114/2024 and UPC_CFI_448/2024) on Vibrantz's application for confidentiality protection under R. 262A RoP in infringement proceedings by Heraeus Electronics concerning EP 3 215 288. The full panel (including technically qualified judge) addressed the composition of the confidential club, the scope of protected information, and clarifications on which paragraphs of the statement of defence were subject to the confidentiality regime.
2024-10-14UPC_APP_52022/2024The Hague LDGeneric applicationBeweisNur prozessualThe Hague Local Division (judge-rapporteur Brinkman) partially granted Winnow Solutions Limited's request under R. 190 RoP to order Orbisk B.V. to produce evidence (specific documents relating to its food waste monitoring product 'Orbi') in infringement proceedings concerning EP 3 198 245. The court found a prima facie case of infringement and that Winnow had presented reasonably available evidence; however, the request was too broad and was limited. Arguments on non-infringement and invalidity were reserved for full panel assessment. Orbisk's requests for a stay of the R.190 decision and for access restrictions were addressed in the order.
2024-09-17UPC_APP_44664/2024The Hague LDAmend DocumentProzessualNur prozessualThe Hague Local Division issued a procedural order on Dexcom's request to amend its counterclaim for revocation against Abbott Diabetes Care concerning EP4070727, to add a declaration of non-infringement for the Dexcom G7-System used with a G7-Receiver following Abbott's partial withdrawal of its infringement claim concerning that product.
2024-09-17UPC_APP_44663/2024The Hague LDAmend DocumentProzessualNur prozessualThe Hague Local Division considered Dexcom's application to amend its counterclaim for revocation to add a declaration of non-infringement claim regarding the G7-System used with the G7-Receiver, following Abbott's partial withdrawal of its infringement claim (i.e. Abbott maintained infringement only for the G7-System with the G7-App, not the G7-Receiver).
2024-09-10UPC_APP_45837/2024Mannheim LDApplication Rop 333ProzessualNur prozessualThe Mannheim Local Division issued an order on panel review under Rule 333 RoP of a time extension granted by the judge-rapporteur in the Panasonic v. Xiaomi parallel infringement proceedings concerning EP 2 568 724 and EP 2 207 270.
2024-07-29UPC_APP_39789/2024The Hague LDApplication RoP262.1 (b)ProzessualNur prozessualProcedural order granting Powell Gilbert LLP's application for public access to the register (R. 262.1 RoP) in the Abbott Diabetes Care v Sibio Technology preliminary injunction proceedings. The court applied the criteria from Ocado v AutoStore and granted access despite objections from both Abbott and Sibio that proceedings were still ongoing on appeal.
2024-07-29UPC_APP_39761/2024The Hague LDApplication RoP262.1 (b)ProzessualNur prozessualThe Hague Local Division granted law firm Powell Gilbert LLP's application for public access to the written pleadings and evidence in the provisional measures proceedings between Abbott Diabetes Care Inc. and Sibio Technology Limited / Umedwings Netherlands B.V. concerning EP 2 713 879 (a continuous glucose monitoring patent), following the conclusion of those proceedings by a final order. The court applied the Ocado v AutoStore criteria and held that Powell Gilbert had a legitimate interest in understanding the decision, and that the protection-of-integrity interest no longer applied once proceedings had ended at first instance (even if an appeal was pending, per CoA precedent). Annex E1 (confidential) was subject to further consideration.
2024-06-21UPC_APP_35134/2024The Hague LDGeneric applicationProzessualNur prozessualThe Hague Local Division rejected a request for simultaneous interpretation facilities between English and Polish at the oral hearing in the Amycel v. Spyra preliminary injunction proceedings, but granted a different request for interpretation under Rule 109.4 RoP after applying the double appropriateness test.
2024-05-08UPC_APP_22295/2024Munich LDGeneric applicationBeweisNur prozessualThe Munich Local Division issued an order requiring Huawei to disclose a recently concluded licence agreement with Amazon under confidentiality restrictions (Rule 262A RoP) for use in the FRAND/SEP infringement proceedings.
2024-04-24UPC_APP_9728/2024Munich LDProcedural OrderProzessualNur prozessualProcedural order of the Munich Local Division in infringement proceedings concerning a Wi-Fi 6 standard-essential patent. The order granted the defendants' R. 190 RoP request for production of a Qualcomm patent licence agreement (claimed relevant to an exhaustion defence), subject to confidentiality protection measures (R. 262A RoP). The court ordered the agreement to be produced in full and unredacted, designated a named person (Anna Lam) to receive the confidential document on the defendants' behalf, and ordered associated protective measures.
2024-02-22ORD_7587/2024Mannheim LDGeneric OrderProzessualNur prozessualThe Mannheim Local Division decided, under R. 37.2 and Art. 33(3) UPCA, to hear Panasonic Holdings Corporation's infringement action and OPPO's counterclaims for revocation and FRAND licence together before the same panel, finding joint adjudication efficient and consistent with uniform claim interpretation.
2024-02-13UPC_APP_586761/2023The Hague LDGeneric applicationKostenNur prozessualThe Hague Local Division rejected Arkyne Technologies' (Bioo) application under Rule 158 RoP requiring Plant-e to provide security for legal costs, finding that the financial strain a cautio would impose on the claimant (a competing SME with limited finances) would be a serious impediment to access to justice, and also noting that Dutch national law does not permit security for costs against EU-domiciled claimants.