UPClytics
View all cases

UPC CFI 104/2025

Feb 11, 2025·EP3812870 · FLOW CONTROL SYSTEM

Case details
Status
Case Closed (Settled)
Action
Revocation
Category
Main revocation action
Parties
Claimants
Representatives
Respondents
Representatives
Division
Paris CD
Technology
  • Instruments
    Control
  • Mechanical engineering
    Thermal processes and apparatus
  • Other fields
    Civil engineering
Language
English
First decided
Nov 3, 2025
Last decision
Mar 26, 2026
EPO Opposition
  • Bauer, ClemensAdmissible2023-06-21
How this compares
The court's record for this kind of case, counted in first-instance rulings. A figure in brackets is the number of rulings a rate rests on.
Patent revokedMedian days to first decision
All UPC37% (34/91)124
Paris CDLockedLocked
Judge Marjolein VisserLockedLocked
Judge Maximilian HaedickeLockedLocked
Judge Andrea Perronace—Locked

At the UPC: IMI Hydronic Engineering Deutschland GmbH (2 cases)·Belparts Group N.V. (5 cases)

This dispute contains 1 other proceedings

UPC CFI 364/2025

2 other defendants litigating the same or a related patent

UPC CFI 392/2025·UPC CFI 801/2024

Start a free trial to see how each one ended.

More cases: Paris CD·2025

Decisions
  • 2026-03-26
    Revocation ActionPublic

    Summary: Decision of the Paris Central Division dated 26 March 2026 declaring the revocation action (UPC_CFI_104/2025) and the counterclaim for infringement (UPC_CFI_364/2025) closed following an out-of-court settlement between IMI Hydronic Engineering Deutschland GmbH and Belparts Group N.V. IMI had commenced revocation proceedings in February 2025; Belparts had filed a counterclaim for infringement in April 2025. After the EPO Board of Appeal dismissed the appeal on 27 November 2025 and upheld the patent in amended form, the parties agreed to settle on 4 February 2026, requesting a stay. On 13 March 2026, Belparts withdrew the counterclaim for infringement and IMI withdrew the revocation action. No cost decision was requested.

    Show the legal issues (3)
    • Withdrawal of revocation action and counterclaim for infringement following settlement
    • Stay of proceedings under R. 295(d) RoP
    • EPO BoA parallel proceedings
  • 2025-12-18
    Counterclaim for revocationPublic

    Summary: The Central Division Paris issued a procedural order following the interim conference of 11 December 2025 in proceedings between IMI Hydronic Engineering Deutschland GmbH (revocation action) and Belparts Group N.V. (patent proprietor and counterclaim for infringement). The order addresses IMI's request for security for costs of EUR 500,000. The Court applied the test from the CoA decision in Chint v Jingao (July 2025): security requires a legitimate and real concern about recoverability of costs. As Belparts is seated in Belgium (EU member state), IMI had not demonstrated enforcement difficulties, and the security request appears to have been denied. The full dispositif was not captured in the available text extract.

    Show the legal issues (3)
    • Security for costs under R.158 RoP and Art.69(4) UPCA
    • Standard for ordering security for costs
    • EU-domiciled defendant and enforcement risk
  • 2025-11-03
    Revocation ActionPublic

    Summary: The Central Division Paris issued a procedural order under R. 340 RoP joining the counterclaim for revocation from the Munich Local Division to the pending revocation action before the Central Division Paris, to avoid contradictory decisions on EP 3 812 870.

    Show the legal issues (3)
    • R. 340 RoP connection joinder of revocation and counterclaim
    • Avoiding contradictory decisions
    • Coordination between Local Division and Central Division
Document titleDatePublic
Case closed2026-03-26Not public
Decision2026-03-26Not public
Decision2026-03-26Public
Receipt2026-03-19Not public
Cover sheet2026-03-19Not public
Document Claimant2026-03-19Not public
Receipt2026-03-16Not public
Cover sheet2026-03-16Not public
Document Claimant2026-03-16Not public
Communication2026-02-04Not public
Coverage: Partial.Reasoning extracted with partial coverage — some sections may be incomplete.
Plain-English summary

IMI Hydronic Engineering Deutschland GmbH's revocation action against Belparts Group N.V.'s EP 3 812 870 (flow control system) before the Paris Central Division was withdrawn following an out-of-court settlement that also resolved Belparts' counterclaim for infringement, after the EPO Board of Appeal dismissed IMI's appeal and upheld the patent in amended form. The case also generated important rulings on the Chint v Jingao test for security for costs and on the limits of connection joinder under R. 340.1 RoP.

Accepted arguments
What the court agreed with — by party.
  • Withdrawal of revocation action by IMI permissible where both parties consent following settlement and no final decision has been taken

    ClaimantLegal basis: R. 265.1 RoP

    Note: Court permitted withdrawal, neither party having a legitimate interest in a merits ruling.

  • Security for costs request by IMI: financial position of claimant must give rise to legitimate and real concern about recoverability before security is ordered

    RespondentLegal basis: Art. 69(4) UPCA; R. 158.1 RoP; CoA order of 9 July 2025 (Chint v Jingao, CoA_431/2025)

    Note: Court applied the Chint v Jingao test; Belparts demonstrated positive financial position, EU domicile reducing enforcement concerns, and group guarantee from AFRISO-WERK — outcome of security request not fully resolved in excerpt but Belparts opposed it substantively.

Rejected arguments
What the court did not agree with — and why.
  • Joinder (connection) of counterclaim for revocation from LD Munich to CD Paris proceedings under R. 340.1 RoP (Request 1)

    RespondentLegal basis: R. 340.1 RoP

    Reason: Joinder would still result in multiple oral hearings and multiple decisions; it would not fully achieve the goal of avoiding inconsistent decisions and was not in the proper administration of justice.