| 2024-12-17 | ACT_549550/2023 | Milan LD | Infringement Action | Prozessual | Nur prozessual | The 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. |
| 2024-12-17 | UPC_CFI_240/2023 | Milan LD | Infringement Action | Prozessual | Nur prozessual | Procedural 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. |
| 2024-12-09 | UPC_CFI_509/2023 | Munich LD | Generic application | — | Nur prozessual | Munich Local Division held that steps already taken to bring a request for preliminary injunction to defendant's attention constituted good service under R.275.2 RoP, after service via Chinese authorities had failed or been seriously delayed for more than six months. The order established service rules when Hague Convention service fails. |
| 2024-11-27 | UPC_APP_62687/2024 | Milan LD | Generic application | Prozessual | Nur prozessual | The Milan Local Division issued a short procedural order rescheduling the interim conference in Oerlikon Textile GmbH & Co. KG v Himson Engineering Private Limited (UPC_CFI_240/2023, EP 2 145 848) from 10:30 to 14:30 on 6 December 2024, to be held by videoconference rather than in person, following a request from Himson's representatives citing prior professional commitments. |
| 2024-11-25 | ORD_62633/2024 | Milan LD | Generic Order | Prozessual | Nur prozessual | The Milan Local Division issued a case management order ahead of the oral hearing, addressing agenda items including settlement prospects, translation errors in the Italian validation of the patent, the counterclaim for revocation, auxiliary requests, and infringement evidence. |
| 2024-11-22 | ACT_40442/2024 | Milan LD | Application for provisional measures | Einstweilige Verfügung | PI abgelehnt | The Milan Local Division dismissed Insulet Corporation's application for provisional measures against A. Menarini Diagnostics S.r.l. concerning EP4201327 (insulin pump technology), finding the application inadmissible as the auxiliary requests to amend the patent are not permissible in provisional measures proceedings, and also dismissing Menarini's request for security for costs. |
| 2024-11-05 | UPC_CFI_643/2024 | Milan LD | Application for provisional measures | Einstweilige Verfügung | PI erteilt | Milan Local Division granted Cardo Systems' application for provisional measures (preliminary injunction and seizure) against Shenzhen Asmax Infinite Technology Co. and Hong Kong Yiheng International Technology Co. without hearing the respondents (ex parte). The court ordered: (1) service by bailiff at EICMA 2024 trade fair in Milan; (2) seizure and description of infringing products; (3) institution of merits proceedings within 31 days on pain of revocation. Costs to be settled in the merits proceedings. |
| 2024-11-05 | UPC_CFI_649/2024 | Milan LD | Application for provisional measures | Einstweilige Verfügung | PI erteilt | The Milan Local Division granted Pirelli an ex-parte order for seizure of motorcycle tyres allegedly infringing EP 3 519 207 B1 exhibited by Sichuan Yuanxing Rubber Co. and China Council for the Promotion of International Trade (CCPIT) at the EICMA 2024 trade fair in Milan. |
| 2024-11-05 | UPC_CFI_649/2024 | Milan LD | Application for provisional measures | Einstweilige Verfügung | PI erteilt | Milan Local Division (5 November 2024) granted an ex parte preliminary seizure order against Sichuan Yuanxing Rubber Co. Ltd at the EICMA 2024 tyre exhibition in Milan. The order authorised seizure of infringing tyres at the defendants' exhibition stand and was immediately enforceable. Defendants were required to cancel orders for the infringing products. Main proceedings must be initiated within 31 calendar days or 20 working days. |
| 2024-11-04 | UPC_CFI_241/2023 | Milan LD | Infringement Action | Verletzung (Hauptsache) | Endgültige Untersagung | Decision 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). |
| 2024-11-04 | UPC_CFI_241/2023 | Milan LD | Infringement Action | Verletzung (Hauptsache) | Verletzt | Milan 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. |
| 2024-10-07 | ORD_55063/2024 | Nordic-Baltic RD | Generic Order | Prozessual | Nur prozessual | Nordic-Baltic Regional Division (judge-rapporteur Kai Härmand) preliminary/case management order in Abbott Diabetes Care Inc.'s infringement action against Dexcom Inc. and Dexcom International Limited concerning EP 3 977 921 (a continuous glucose monitoring patent). The order addresses multiple pending applications including Abbott's R. 190 application to communicate information (partially dismissed following Paris LD precedent), Abbott's R. 191 application (found admissible but not justified), Abbott's application to change the statement of claim, Dexcom's request for security for legal costs, and sets procedural deadlines and oral hearing preparation steps. |
| 2024-10-01 | UPC_APP_40442/2024 | Milan LD | Procedural Order | Prozessual | Nur prozessual | The Milan Local Division denied EOFLOW CO LTD's application to intervene as a third party in Insulet's provisional measures proceedings against Menarini under R.313 RoP, holding that efficiency of the proceedings and other balancing considerations weighed against admitting the intervention. |
| 2024-10-01 | UPC_CFI_400/2024 | Milan LD | Application for provisional measures | Prozessual | Nur prozessual | The Milan Local Division denied EOFLOW CO LTD's application to intervene as a third party in Insulet's provisional measures proceedings against Menarini under R.313 RoP, holding that efficiency of the proceedings and other balancing considerations weighed against admitting the intervention. |
| 2024-09-17 | UPC_CFI_240/2023 | Milan LD | Infringement Action | Prozessual | Nur prozessual | The 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. |
| 2024-09-17 | UPC_CFI_240/2023 | Milan LD | Infringement Action | Prozessual | Nur prozessual | The 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. |
| 2024-09-11 | UPC_APP_36483/2024 | Milan LD | Application for preserving evidence pursuant to RoP192 | Beweis | Nur prozessual | The Milan Local Division granted Primetals Technologies Austria's ex-parte application for an order to preserve evidence at Danieli's premises concerning steel strip coiler driver technology allegedly infringing EP 2 624 977, ordering inspection, photography, document access and computer forensics assistance. |
| 2024-09-04 | UPC_APP_40442/2024 | Milan LD | Procedural Order | Prozessual | Nur prozessual | The Milan Local Division issued a confidentiality order determining the composition of the confidentiality club in Insulet's provisional measures proceedings against Menarini, granting access to a US attorney from Goodwin Procter to allow coordination of parallel litigation strategies across jurisdictions. |
| 2024-08-13 | UPC_APP_39047/2024 | Munich LD | Generic application | Prozessual | Vergleich | The Munich Local Division permitted Network System Technologies LLC's partial withdrawal of its infringement action against Texas Instruments Incorporated and Texas Instruments Deutschland GmbH following a settlement, while the action against Volkswagen AG and AUDI AG continued, applying R.265 RoP to a partial subjective withdrawal. |
| 2024-08-06 | UPC_APP_25259/2024 | Munich LD | Amend Document | Prozessual | Nur prozessual | Procedural order from Munich Local Division (full panel) in SEP/FRAND infringement proceedings concerning EP 3 780 758. Motorola Mobility LLC (claimant) applied for leave to amend its claim to add a request for an injunction. The order addresses whether Motorola could have made the amendment earlier with reasonable diligence. Application denied: the panel found no justification for the late amendment, as the relevant circumstances had been known to Motorola since at least December 2023. No ruling on patent infringement or validity. |
| 2024-07-23 | ORD_40568/2024 | Milan LD | Generic Order | Beweis | Nur prozessual | The Milan Local Division granted a confidentiality order for a license agreement document in Oerlikon's infringement proceedings against Himson, limiting access to a confidentiality club that includes one technical consultant for the defendant and counsel for both parties. |
| 2024-07-23 | UPC_APP_28655/2024 | Milan LD | Application RoP262A | Prozessual | Nur prozessual | Procedural order from the Milan Local Division (UPC_CFI_240/2023) on Oerlikon's application under R. 262A RoP for confidentiality protection of financial information disclosed in its rejoinder in proceedings concerning EP 2 145 848. The Court ordered creation of a confidential club including at least one natural person from Himson and technical consultants, ruling that excluding natural persons from the respondent would breach the right to adversarial proceedings. |
| 2024-07-23 | UPC_CFI_240/2023 | Milan LD | Generic Order | Prozessual | Nur prozessual | Procedural 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. |
| 2024-06-06 | ACT_549585/2023 | Milan LD | Infringement Action | Prozessual | Nur prozessual | Procedural 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. |
| 2024-05-14 | UPC_CFI_241/2023 | Milan LD | Generic Order | Prozessual | Nur prozessual | Procedural 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. |
| 2024-05-08 | UPC_APP_11857/2024 | Munich LD | Preliminary objection | motionName.jurisdictional | Abgewiesen | The Munich Local Division partially dismissed preliminary objections filed by Volkswagen, Audi, and Texas Instruments in infringement proceedings by Network System Technologies LLC concerning EP1552669, rejecting challenges to standing, admissibility of pre-2022 damages, and the sufficiency of the infringement read, while deferring jurisdiction objections relating to UK-territory claims to a later stage. |
| 2024-05-08 | UPC_APP_11863/2024 | Munich LD | Preliminary objection | motionName.jurisdictional | Abgewiesen | The Munich Local Division partially dismissed preliminary objections filed by Volkswagen, Audi, and Texas Instruments in infringement proceedings by Network System Technologies LLC concerning EP1552399, rejecting challenges on substantially the same grounds as in the parallel proceedings concerning EP1552669. |
| 2024-05-08 | UPC_APP_11845/2024 | Munich LD | Preliminary objection | motionName.jurisdictional | Abgewiesen | The Munich Local Division partially dismissed preliminary objections filed by Volkswagen, Audi, and Texas Instruments in infringement proceedings by Network System Technologies LLC concerning EP1875683, rejecting challenges on substantially the same grounds as in the parallel proceedings concerning EP1552669 and EP1552399. |
| 2024-05-08 | UPC_APP_11850/2024 | Munich LD | Preliminary objection | motionName.jurisdictional | Nur prozessual | The Local Division Munich resolved preliminary objections filed by Volkswagen, Audi AG, and Texas Instruments defendants in NST's infringement action concerning EP 1 875 683, rejecting jurisdiction and standing challenges and finding that a detailed infringement read on one example device is sufficient at the pleading stage to cover a list of accused devices. |
| 2024-05-08 | UPC_APP_12111/2024 | Munich LD | Generic application | motionName.jurisdictional | Nur prozessual | Order on preliminary objections (Rule 19 RoP) and requests pursuant to Rule 361 RoP filed by Volkswagen AG, Audi AG, Texas Instruments Inc. and Texas Instruments Deutschland GmbH against Network System Technologies LLC in an infringement action concerning EP 1 552 399 B1. The Court addressed issues of admissibility of the infringement action, withdrawal of opt-out validity under Rule 5 RoP, and standing to sue. No final substantive ruling on infringement or patent validity. |
| 2024-05-08 | UPC_APP_12109/2024 | Munich LD | Generic application | motionName.jurisdictional | Nur prozessual | Order by Munich Local Division (UPC_CFI_514/2023, 8 May 2024) dismissing preliminary objections by Volkswagen AG, Audi AG and Texas Instruments entities. The court upheld the validity of the opt-out withdrawal, NST's standing to sue including for pre-assignment infringement, and rejected challenges to the admissibility of the infringement action concerning EP 1 875 683 B1. |
| 2024-05-08 | UPC_APP_11854/2024 | Munich LD | Preliminary objection | motionName.jurisdictional | Nur prozessual | Order by Munich Local Division (UPC_CFI_513/2023, 8 May 2024) dismissing preliminary objections by Volkswagen AG, Audi AG and Texas Instruments entities in NST's infringement action for EP 1 552 669 B1. Substantially the same as the companion order in UPC_CFI_514/2023: opt-out withdrawal was valid; NST had standing to sue including for pre-assignment infringement. |
| 2024-05-08 | UPC_APP_11795/2024 | Munich LD | Preliminary objection | motionName.jurisdictional | Nur prozessual | Munich Local Division order (full panel, Zigann presiding) on preliminary objections by Volkswagen AG, Audi AG, Texas Instruments Inc. and TI Deutschland GmbH, and on requests under R. 361 RoP, in infringement proceedings by Network System Technologies LLC concerning EP 1 552 399. The R. 361 requests to declare the action manifestly inadmissible or unfounded were dismissed. The preliminary objections (R. 19 RoP) were partially dismissed with the remaining jurisdictional issue deferred to the main proceedings. Leave to appeal granted. Costs deferred to main proceedings. |
| 2024-05-08 | UPC_APP_12101/2024 | Munich LD | Generic application | motionName.jurisdictional | Nur prozessual | Munich Local Division order (full panel) on preliminary objections and R. 361 RoP requests by Volkswagen AG, Audi AG, Texas Instruments Inc., and TI Deutschland GmbH in infringement proceedings by Network System Technologies LLC concerning EP 1 875 683. The R. 361 requests to declare the action manifestly inadmissible or unfounded were dismissed. The preliminary objections were partially dismissed with the remaining jurisdictional issue on patent assignment and pre-assignment infringement deferred to main proceedings. Leave to appeal granted. Costs deferred. |
| 2024-05-08 | UPC_APP_11791/2024 | Munich LD | Preliminary objection | motionName.jurisdictional | Nur prozessual | Munich Local Division order (full panel, Pichlmaier as judge-rapporteur) on preliminary objections and R. 361 requests by Volkswagen AG, Audi AG, Texas Instruments Inc. and TI Deutschland GmbH in a second infringement action by Network System Technologies LLC concerning EP 1 875 683. Identical in substance to the parallel case (UPC_APP_12101/2024): R. 361 requests dismissed; preliminary objections partially dismissed with residual jurisdiction/assignment issues deferred to main proceedings. Leave to appeal granted. Costs deferred. |
| 2024-05-08 | UPC_APP_11861/2024 | Munich LD | Preliminary objection | motionName.jurisdictional | Nur prozessual | Munich Local Division dismissed preliminary objections (Rule 19 RoP) and requests to declare the action manifestly bound to fail (Rule 361 RoP) filed by Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH against Network System Technologies LLC's infringement action concerning EP 1 552 399. The court held that NST has standing to sue based on the patent assignments; infringement allegations need only be detailed for one exemplary device at this stage; the jurisdiction objection relating to UK/TI damages claims was deferred to the main proceedings; leave to appeal was granted. |
| 2024-05-08 | UPC_CFI_513/2023 | Munich LD | Preliminary objection | — | Nur prozessual | Order 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. |
| 2024-05-08 | UPC_CFI_513/2023 | Munich LD | Generic application | — | Nur prozessual | Order 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.) |
| 2024-05-06 | UPC_APP_21554/2024 | Milan LD | Application RoP262A | Prozessual | Nur prozessual | The Milan Local Division granted Oerlikon Textile's R. 262A application for confidentiality of financial information produced in response to a cost-disclosure order, restricting access to lawyers only (with parties' consent) in proceedings against Bhagat Textile Engineers. |
| 2024-04-23 | UPC_APP_11732/2024 | Munich LD | Generic application | Prozessual | Nur prozessual | The Munich Local Division dismissed applications by Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH requesting that the patent troll claimant Network System Technologies LLC provide security for legal costs, finding the conditions under Art. 69(4) UPCA and R. 158 RoP were not met. |
| 2024-04-23 | UPC_APP_11434/2024 | Munich LD | Generic application | Prozessual | Nur prozessual | The Munich Local Division dismissed applications by Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH requesting that claimant Network System Technologies LLC provide security for legal costs of €600,000 per defendant under Art. 69(4) UPCA; costs of the applications to be addressed in the main proceedings. |
| 2024-04-23 | UPC_APP_11444/2024 | Munich LD | Generic application | Prozessual | Nur prozessual | The Munich Local Division ruled on security for costs applications by Volkswagen AG, Audi AG, Texas Instruments Incorporated and Texas Instruments Deutschland GmbH against Network System Technologies LLC under Art. 69.4 UPCA. |
| 2024-04-23 | UPC_APP_11835/2024 | Munich LD | Generic application | Prozessual | Abgewiesen | The Munich Local Division dismissed applications by Volkswagen, Audi, and Texas Instruments for security for legal costs against Network System Technologies LLC (NST), finding that the defendants failed to sufficiently substantiate that NST's financial position posed a legitimate and real risk that a cost order would not be recoverable. |
| 2024-04-23 | UPC_APP_11454/2024 | Munich LD | Generic application | Kosten | Nur prozessual | Order of the Munich Local Division on three applications for security for legal costs (Rule 158 RoP, Art. 69.4 UPCA) filed by Volkswagen AG, Audi AG, Texas Instruments Inc. and Texas Instruments Deutschland GmbH against Network System Technologies LLC as claimant in an infringement action concerning EP 1 552 399 B1. The Court denied the security applications, balancing the risk of non-enforcement against the right of NST to an effective remedy. |
| 2024-04-23 | UPC_APP_11833/2024 | Munich LD | Generic application | Kosten | Nur prozessual | Order of the Munich Local Division on applications for security for legal costs (Rule 158 RoP, Art. 69.4 UPCA) filed by Volkswagen AG, Audi AG, Texas Instruments Inc. and Texas Instruments Deutschland GmbH against Network System Technologies LLC as claimant in a separate infringement action concerning EP 1 875 683 B1. As with the parallel case (UPC_APP_11454/2024), the Court denied the security applications, applying the same balancing analysis. |
| 2024-04-23 | UPC_APP_11431/2024 | Munich LD | Generic application | Prozessual | Nur prozessual | Procedural order of the Munich Local Division on applications by Volkswagen, Audi and Texas Instruments for security for costs against Network System Technologies LLC (a US NPE claimant), in infringement proceedings concerning an integrated circuit patent. The applicants requested EUR 200,000 security per defendant. The Court considered the right to an effective remedy as a relevant factor, noting security for costs can restrict access to justice under Art. 47 of the EU Charter of Fundamental Rights. |
| 2024-04-23 | UPC_CFI_515/2023 | Munich LD | Generic application | — | Abgewiesen | Munich 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. |
| 2024-04-08 | ORD_9710/2024 | Milan LD | Generic Order | Beweis | Nur prozessual | Milan Local Division order on an application by Progress Maschinen & Automation AG (claimant/applicant) to access the sealed expert report from previously-executed evidence preservation proceedings (ex parte order). As no main action on the merits was commenced and the defendants did not appeal, AWM and Schnell are entitled to have the collected evidence returned to them. The order deferred return of evidence until 5 June 2024 to allow potential Court of Appeal intervention. |
| 2024-02-09 | UPC_CFI_424/2023 | The Hague LD | Infringement Action | Prozessual | Nur prozessual | The 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. |
| 2023-12-22 | UPC_CFI_424/2023 | The Hague LD | Infringement Action | Prozessual | Nur prozessual | The 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. |