UPC Analytics
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Entscheidungen

DatumFallKammerVerfahrensartAntragAusgangZusammenfassung
2025-09-11UPC_APP_35855/2025Dusseldorf LDGeneric applicationProzessualNur KostenOrder of the Düsseldorf Local Division (full panel) on Ona Patents SL's applications for reimbursement of court fees and release of security for costs following withdrawal of the infringement action against Apple Inc. and related entities. The parties agreed to cover their own costs. The court ordered reimbursement of 40% of court fees (EUR 20,000) under Rule 370.9(b)(ii) RoP, treating the case as equivalent to withdrawal in the interim procedure given the depth of the judge-rapporteur's involvement (an August 2025 order requesting extensive documentation comparable to a Rule 103 order). The security provided by Ona Patents was released under Rule 352.2 RoP.
2025-07-30ACT_3932/2024Dusseldorf LDInfringement ActionVerletzung (Hauptsache)Nichtig erklärtThe Düsseldorf Local Division dismissed Headwater Research LLC's infringement action against Samsung and revoked European patent EP 3 110 069 B1 to the extent of claim 1, on the basis of a successful counterclaim for revocation; all costs were borne by the claimant. The court also rejected a new argument on added matter as inadmissible under R. 9.2 RoP.
2025-07-30UPC_APP_6997/2024Dusseldorf LDGeneric applicationKostenVergleichThe Düsseldorf Local Division declared the infringement proceedings between N.V. Nutricia and Nestlé Health Science (Deutschland) GmbH concerning EP2359858 closed following the claimant's withdrawal after an out-of-court settlement, and set the value of the infringement action at EUR 250,000 and the counterclaim for revocation at EUR 500,000 with 60% court fee reimbursement.
2025-06-02UPC_APP_24791/2025Dusseldorf LDApplication Rop 265ProzessualVergleichThe Düsseldorf Local Division permitted Versah LLC's partial withdrawal of its patent infringement action against Adin Dental Implant Systems GmbH (Defendant 2) concerning EP3402420 following an out-of-court settlement, with each party bearing its own costs for the withdrawn part.
2025-05-13ACT_597355/2023Dusseldorf LDInfringement ActionVerletzung (Hauptsache)Nicht verletztThe Düsseldorf Local Division dismissed Sanofi and Regeneron's infringement action and Amgen's counterclaim for revocation concerning EP3536712 (a second medical use patent for evolocumab in paediatric patients), finding no infringement of the second medical use claim and that the counterclaim for revocation was also unfounded, with each side bearing the costs of the proceedings they lost.
2025-04-23ORD_19201/2025Milan CDGeneric OrderProzessualNur prozessualThe Düsseldorf Local Division referred the counterclaim for revocation to the Milan Central Division while retaining jurisdiction over the infringement action pursuant to Art. 33(3)(b) UPCA. The application to amend the patent was referred together with the counterclaim for revocation.
2025-04-14ORD_9090/2025Dusseldorf LDGeneric OrderProzessualNur prozessualThe Düsseldorf Local Division exercised its discretion under Art.33(3)(a) UPCA to hear both the infringement action and the counterclaim for revocation jointly in the Ona Patents v Google case concerning EP2263098, finding that a joint hearing was appropriate for reasons of efficiency and enabling simultaneous decision on validity and infringement.
2025-04-14ORD_9091/2025Dusseldorf LDGeneric OrderProzessualNur prozessualDüsseldorf Local Division decided, with the consent of the parties, to hear both the infringement action by Ona Patents SL against Apple Inc. (and affiliates) and Apple's counterclaim for revocation jointly, rather than bifurcating under Art. 33(3) UPCA. The court exercised its discretion under Art. 33(3)(a) UPCA in favour of joint hearing for reasons of efficiency and to ensure consistent interpretation of the patent by a single panel.
2025-02-17UPC_APP_6774/2025Dusseldorf LDApplication Rop 265ProzessualZurückgenommenThe Düsseldorf Local Division allowed the claimant's withdrawal of the infringement action and the defendants' withdrawal of the counterclaim for revocation, both with mutual consent, declared the proceedings closed, and directed 60% reimbursement of court fees to each side.
2025-02-10UPC_APP_67764/2024Dusseldorf LDApplication Rop 265ProzessualZurückgenommenThe Düsseldorf Local Division accepted the withdrawal of Dolby International AB's infringement action and declared the revocation counterclaim moot, following a settlement between the parties. Each party bears its own costs; partial court fee refunds were ordered.
2025-02-10UPC_APP_68380/2024Dusseldorf LDApplication Rop 265ProzessualVergleichDüsseldorf Local Division allowed withdrawal of Dolby International AB's infringement action (EP 3 490 258 B1) and ASUS's counterclaim for revocation, following an out-of-court settlement. The court confirmed both withdrawals and terminated all proceedings, ordered each party to bear its own legal costs (no cross-reimbursement), directed reimbursement of 60% of court fees to claimant (EUR 22,200) and 60% to the counterclaiming defendants (EUR 12,000 total), and set the value in dispute at EUR 3,500,000 for both the infringement action and the counterclaim.
2024-11-25UPC_APP_61143/2024Dusseldorf LDApplication Rop 333ProzessualNur prozessualThe Düsseldorf Local Division full panel dismissed FUJIFILM's application for review of a judge-rapporteur's order that had denied FUJIFILM's application to submit an additional written pleading in response to new factual allegations in the defendants' rejoinder regarding a prior use defence.
2024-10-31ACT_580849/2023Dusseldorf LDInfringement ActionVerletzung (Hauptsache)Endgültige UntersagungThe Düsseldorf Local Division found that SodaStream's patent EP 1 793 917 was infringed by Aarke AB and issued an injunction along with ancillary relief. The defendant was ordered to bear the full costs of the litigation; the value in dispute was set at EUR 3,000,000.
2024-10-29UPC_APP_58951/2024Dusseldorf LDGeneric applicationProzessualNur prozessualThe Düsseldorf Local Division issued a procedural order in the infringement action (Dolby vs HP entities) addressing applications related to the main action, counterclaim for revocation, and a procedural application.
2024-09-26ORD_53245/2024Dusseldorf LDGeneric OrderProzessualVergleichThe Düsseldorf Local Division accepted the withdrawal of Dolby International AB's infringement action against Optoma entities following an out-of-court settlement. Each party bears its own costs; Dolby received a 60% refund of its court fees.