UPC CFI 104/2025
Feb 11, 2025·EP3812870 +1 more: FLOW CONTROL SYSTEM
- Case details
- StatusCase ClosedActionRevocationCategoryMain Revocation Action
- Parties
- ClaimantsReps: Clemens Bauer (Müller Schupfner & Partner mbB)
- Division
- Paris CD
- Technology
- Industrial Manufacturing · Flow Control · HVAC
- Language
- English
- First decided
- Nov 3, 2025
- Last decision
- Mar 26, 2026
- 2026-03-26SettledRevocation meritsRevocation Action
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.
Legal issues:Withdrawal of revocation action and counterclaim for infringement following settlementStay of proceedings under R. 295(d) RoPEPO BoA parallel proceedings - 2025-12-18Counterclaim for revocation
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.
Legal issues:Security for costs under R.158 RoP and Art.69(4) UPCAStandard for ordering security for costsEU-domiciled defendant and enforcement risk - 2025-11-03Revocation Action
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.
Legal issues:R. 340 RoP connection joinder of revocation and counterclaimAvoiding contradictory decisionsCoordination between Local Division and Central Division
| Document title | Date | Public |
|---|---|---|
| action.phaseChange.caseClose | 2026-03-26 | Not public |
| action.issueDecision.decision | 2026-03-26 | Not public |
| Decision | 2026-03-26 | Public |
| Receipt | 2026-03-19 | Not public |
| Cover sheet | 2026-03-19 | Not public |
| Document Claimant | 2026-03-19 | Not public |
| Receipt | 2026-03-16 | Not public |
| Cover sheet | 2026-03-16 | Not public |
| Document Claimant | 2026-03-16 | Not public |
| action.communication.general | 2026-02-04 | Not public |
| Receipt | 2026-02-04 | Not public |
| Cover sheet | 2026-02-04 | Not public |
| Other document Defendant | 2026-02-04 | Not public |
| Receipt | 2026-01-29 | Not public |
| Cover sheet | 2026-01-29 | Not public |
| Other document Defendant | 2026-01-29 | Not public |
| Receipt | 2026-01-29 | Not public |
| Cover sheet | 2026-01-29 | Not public |
| Other document Claimant | 2026-01-29 | Not public |
| action.communication.general | 2026-01-19 | Not public |
| action.phaseChange.oralPhaseOpen | 2026-01-19 | Not public |
| Receipt | 2026-01-14 | Not public |
| Cover sheet | 2026-01-14 | Not public |
| Exhibit document Defendant | 2026-01-14 | Not public |
| Exhibit document Defendant | 2026-01-14 | Not public |
| Exhibit document Defendant | 2026-01-14 | Not public |
| Other document Defendant | 2026-01-14 | Not public |
| Receipt | 2025-12-23 | Not public |
| Cover sheet | 2025-12-23 | Not public |
| Other document Defendant | 2025-12-23 | Not public |
| Receipt | 2025-12-22 | Not public |
| Cover sheet | 2025-12-22 | Not public |
| Exhibit document Defendant | 2025-12-22 | Not public |
| Other document Defendant | 2025-12-22 | Not public |
| action.phaseChange.interimPhaseOpen | 2025-12-18 | Not public |
| action.phaseChange.writtenPhaseClose | 2025-12-18 | Not public |
| action.issueOrder.order | 2025-12-18 | Not public |
| Order | 2025-12-18 | Public |
| action.issueOrder.order | 2025-12-18 | Not public |
| Order | 2025-12-18 | Public |
| action.issueOrder.order | 2025-12-08 | Not public |
| Order | 2025-12-08 | Public |
| Cover sheet | 2025-12-04 | Not public |
| Other document Defendant | 2025-12-04 | Not public |
| Receipt | 2025-12-04 | Not public |
| action.communication.general | 2025-11-03 | Not public |
| action.issueOrder.order | 2025-11-03 | Not public |
| Order | 2025-11-03 | Public |
| Cover sheet | 2025-10-02 | Not public |
| Other document | 2025-10-02 | Not public |
| Receipt | 2025-10-02 | Not public |
| Cover sheet | 2025-10-02 | Not public |
| Other document | 2025-10-02 | Not public |
| Receipt | 2025-10-02 | Not public |
| action.issueOrder.order | 2025-09-23 | Not public |
| Order | 2025-09-23 | Not public |
| Acknowledgement-of-lodging | 2025-07-30 | Not public |
| Rejoinder to Revocation Action and Reply to Counterclaim for Infringement | 2025-07-30 | Not public |
| Exhibit ES 27 | 2025-07-30 | Not public |
| Exhibit ES 26 | 2025-07-30 | Not public |
| Exhibit ES 24a | 2025-07-30 | Not public |
| Exhibit ES 23 | 2025-07-30 | Not public |
| Exhibit ES 25 | 2025-07-30 | Not public |
| Exhibit ES 28 | 2025-07-30 | Not public |
| Exhibit ES 24b | 2025-07-30 | Not public |
| Cover | 2025-07-10 | Not public |
| Reply to the Defence to the Application to amend | 2025-07-10 | Not public |
| Acknowledgement-of-lodging | 2025-06-30 | Not public |
| Exhibit_MSP_10 | 2025-06-30 | Not public |
| Exhibit_MSP_7 | 2025-06-30 | Not public |
| Exhibit_MSP_6 | 2025-06-30 | Not public |
| Exhibit_MSP_8 | 2025-06-30 | Not public |
| Exhibit_MSP_D1(new) | 2025-06-30 | Not public |
| Submission Claimant | 2025-06-30 | Not public |
| Exhibit_MSP_9 | 2025-06-30 | Not public |
| Order set dates | 2025-06-17 | Public |
| Procedural order | 2025-06-13 | Public |
| Procedural order | 2025-06-13 | Public |
| Hearing-Dates | 2025-06-13 | Not public |
| Receipt | 2025-06-11 | Not public |
| Receipt | 2025-06-11 | Not public |
| Exhibit ES 9b' | 2025-06-11 | Not public |
| Exhibit ES 9a' | 2025-06-11 | Not public |
| Application to further amend the patent R. 30.2 RoP | 2025-06-11 | Not public |
| Procedural application R. 9 RoP (Auxiliary Requests) | 2025-06-11 | Not public |
| Exhibit ES 9b' | 2025-06-11 | Not public |
| Exhibit ES 9a' | 2025-06-11 | Not public |
| Acknowledgement-of-lodging | 2025-06-10 | Not public |
| 46960_Submission | 2025-06-10 | Not public |
| ACT_6739/2025.Order set dates IC OH | 2025-06-10 | Public |
| Confirmation of hearing dates by Defendant | 2025-06-06 | Not public |
| Submission to Hearing Dates | 2025-06-05 | Not public |
| Preliminary Order dates IC and OH | 2025-06-02 | Not public |
| Hearing-Dates | 2025-06-02 | Not public |
| Acknowledgement-of-lodging | 2025-04-28 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2025-04-28 | Not public |
| Acknowledgement-of-lodging | 2025-04-28 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2025-04-28 | Not public |
| Acknowledgement-of-lodging | 2025-04-28 | Not public |
| Application to change the details of a representative in a pending case | 2025-04-28 | Not public |
| Exhibit ES13.pdf | 2025-04-28 | Not public |
| Exhibit ES14.pdf | 2025-04-28 | Not public |
| Exhibit ES17b.pdf | 2025-04-28 | Not public |
| Exhibit ES9b.pdf | 2025-04-28 | Not public |
| Exhibit ES6.pdf | 2025-04-28 | Not public |
| Exhibit ES11.pdf | 2025-04-28 | Not public |
| Exhibit ES3.pdf | 2025-04-28 | Not public |
| Exhibit ES7.pdf | 2025-04-28 | Not public |
| Exhibit ES8.pdf | 2025-04-28 | Not public |
| Exhibit ES22.pdf | 2025-04-28 | Not public |
| Exhibit ES1.pdf | 2025-04-28 | Not public |
| Exhibit ES10.pdf | 2025-04-28 | Not public |
| Exhibit ES21.pdf | 2025-04-28 | Not public |
| Exhibit ES15.pdf | 2025-04-28 | Not public |
| Exhibit ES4.pdf | 2025-04-28 | Not public |
| Statement of defense | 2025-04-28 | Not public |
| Exhibit ES20.pdf | 2025-04-28 | Not public |
| Exhibit ES18.pdf | 2025-04-28 | Not public |
| Exhibit ES9a.pdf | 2025-04-28 | Not public |
| Statement of defense (corrected version) | 2025-04-28 | Not public |
| Exhibit ES0 (corrected version) | 2025-04-28 | Not public |
| Exhibit ES3a.pdf | 2025-04-28 | Not public |
| Exhibit ES12.pdf | 2025-04-28 | Not public |
| Exhibit ES17a.pdf | 2025-04-28 | Not public |
| Exhibit ES2.pdf | 2025-04-28 | Not public |
| Exhibit ES19.pdf | 2025-04-28 | Not public |
| Exhibit ES16.pdf | 2025-04-28 | Not public |
| Exhibit ES5.pdf | 2025-04-28 | Not public |
| Formal Response to the request for amendments | 2025-04-28 | Not public |
| Exhibit ES17b.pdf | 2025-04-28 | Not public |
| Exhibit ES6.pdf | 2025-04-28 | Not public |
| Exhibit ES17a.pdf | 2025-04-28 | Not public |
| Exhibit ES18.pdf | 2025-04-28 | Not public |
| Exhibit ES15.pdf | 2025-04-28 | Not public |
| Exhibit ES10.pdf | 2025-04-28 | Not public |
| Exhibit ES21.pdf | 2025-04-28 | Not public |
| Application to amend Patent (corrected version) | 2025-04-28 | Not public |
| Application to amend Patent | 2025-04-28 | Not public |
| Exhibit ES3.pdf | 2025-04-28 | Not public |
| Exhibit ES9b.pdf | 2025-04-28 | Not public |
| Exhibit ES4.pdf | 2025-04-28 | Not public |
| Exhibit ES19.pdf | 2025-04-28 | Not public |
| Exhibit ES7.pdf | 2025-04-28 | Not public |
| Exhibit ES3a.pdf | 2025-04-28 | Not public |
| Exhibit ES11.pdf | 2025-04-28 | Not public |
| Exhibit ES9a.pdf | 2025-04-28 | Not public |
| Exhibit ES5.pdf | 2025-04-28 | Not public |
| Exhibit ES8.pdf | 2025-04-28 | Not public |
| Exhibit ES14.pdf | 2025-04-28 | Not public |
| Exhibit ES1.pdf | 2025-04-28 | Not public |
| Exhibit ES22.pdf | 2025-04-28 | Not public |
| Exhibit ES20.pdf | 2025-04-28 | Not public |
| Exhibit ES12.pdf | 2025-04-28 | Not public |
| Exhibit ES0 (corrected version) | 2025-04-28 | Not public |
| Exhibit ES16.pdf | 2025-04-28 | Not public |
| Exhibit ES2.pdf | 2025-04-28 | Not public |
| Exhibit ES13.pdf | 2025-04-28 | Not public |
| Formal Response to the request for amendments | 2025-04-28 | Not public |
| Formal-checks_Request-for-correction | 2025-04-25 | Not public |
| Formal-checks_Request-for-correction | 2025-04-25 | Not public |
| Acknowledgement-of-lodging | 2025-04-23 | Not public |
| Exhibit ES10.pdf | 2025-04-23 | Not public |
| Exhibit ES9a.pdf | 2025-04-23 | Not public |
| Exhibit ES19.pdf | 2025-04-23 | Not public |
| Exhibit ES20.pdf | 2025-04-23 | Not public |
| Exhibit ES6.pdf | 2025-04-23 | Not public |
| Exhibit ES21.pdf | 2025-04-23 | Not public |
| Exhibit ES22.pdf | 2025-04-23 | Not public |
| Exhibit ES8.pdf | 2025-04-23 | Not public |
| Exhibit ES11.pdf | 2025-04-23 | Not public |
| Exhibit ES12.pdf | 2025-04-23 | Not public |
| Exhibit ES13.pdf | 2025-04-23 | Not public |
| Exhibit ES17b.pdf | 2025-04-23 | Not public |
| Exhibit ES3a.pdf | 2025-04-23 | Not public |
| Exhibit ES5.pdf | 2025-04-23 | Not public |
| Exhibit ES2.pdf | 2025-04-23 | Not public |
| Exhibit ES18.pdf | 2025-04-23 | Not public |
| Exhibit ES7.pdf | 2025-04-23 | Not public |
| Exhibit ES4.pdf | 2025-04-23 | Not public |
| Exhibit ES9b.pdf | 2025-04-23 | Not public |
| Exhibit ES16.pdf | 2025-04-23 | Not public |
| Application to amend Patent | 2025-04-23 | Not public |
| Exhibit ES0.pdf | 2025-04-23 | Not public |
| Exhibit ES15.pdf | 2025-04-23 | Not public |
| Exhibit ES14.pdf | 2025-04-23 | Not public |
| Exhibit ES3.pdf | 2025-04-23 | Not public |
| Exhibit ES17a.pdf | 2025-04-23 | Not public |
| Exhibit ES1.pdf | 2025-04-23 | Not public |
| Exhibit ES9a.pdf | 2025-04-23 | Not public |
| Exhibit ES3a.pdf | 2025-04-23 | Not public |
| Exhibit ES13.pdf | 2025-04-23 | Not public |
| Exhibit ES17b.pdf | 2025-04-23 | Not public |
| Exhibit ES14.pdf | 2025-04-23 | Not public |
| Exhibit ES5.pdf | 2025-04-23 | Not public |
| Exhibit ES19.pdf | 2025-04-23 | Not public |
| Exhibit ES8.pdf | 2025-04-23 | Not public |
| Exhibit ES22.pdf | 2025-04-23 | Not public |
| Exhibit ES16.pdf | 2025-04-23 | Not public |
| Exhibit ES15.pdf | 2025-04-23 | Not public |
| Exhibit ES4.pdf | 2025-04-23 | Not public |
| Exhibit ES0.pdf | 2025-04-23 | Not public |
| Exhibit ES6.pdf | 2025-04-23 | Not public |
| Exhibit ES1.pdf | 2025-04-23 | Not public |
| Exhibit ES18.pdf | 2025-04-23 | Not public |
| Exhibit ES12.pdf | 2025-04-23 | Not public |
| Exhibit ES20.pdf | 2025-04-23 | Not public |
| Exhibit ES17a.pdf | 2025-04-23 | Not public |
| Exhibit ES3.pdf | 2025-04-23 | Not public |
| Exhibit ES7.pdf | 2025-04-23 | Not public |
| Exhibit ES2.pdf | 2025-04-23 | Not public |
| Exhibit ES21.pdf | 2025-04-23 | Not public |
| Statement of defense | 2025-04-23 | Not public |
| Exhibit ES11.pdf | 2025-04-23 | Not public |
| Exhibit ES9b.pdf | 2025-04-23 | Not public |
| Exhibit ES10.pdf | 2025-04-23 | Not public |
| Panel-Appointment | 2025-04-02 | Not public |
| Acknowledgement of access to case | 2025-03-01 | Not public |
| Notification Of Service | 2025-02-28 | Not public |
| acknowledgment receipt | 2025-02-28 | Not public |
| Letter-for-Service | 2025-02-28 | Not public |
| acknowledgment receipt | 2025-02-28 | Not public |
| communicationCheck | 2025-02-20 | Not public |
| communicationCheck | 2025-02-20 | Not public |
| communicationCheck | 2025-02-20 | Not public |
| communicationCheck | 2025-02-20 | Not public |
| Document from EPO | 2025-02-14 | Not public |
| Document from EPO | 2025-02-14 | Not public |
| Document from EPO | 2025-02-14 | Not public |
| Document from EPO | 2025-02-14 | Not public |
| Document from EPO | 2025-02-14 | Not public |
| Letter-for-Service | 2025-02-12 | Not public |
| Panel-Appointment | 2025-02-12 | Not public |
| EPO-Request-for-case-pending | 2025-02-12 | Not public |
| Acknowledgement-of-lodging | 2025-02-12 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2025-02-12 | Not public |
| Exhibit MSP 4 | 2025-02-10 | Not public |
| Exhibit MSP 1 | 2025-02-10 | Not public |
| Bundle of Exhibits MSP 5 Part 1 | 2025-02-10 | Not public |
| Bundle of Exhibits MSP 5 Part 2 | 2025-02-10 | Not public |
| Statement for Revocation | 2025-02-10 | Not public |
| Exhibit MSP 2 | 2025-02-10 | Not public |
| Exhibit MSP 2T | 2025-02-10 | Not public |
| Exhibit MSP 3 | 2025-02-10 | Not public |
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.
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 RoPNote: 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.
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 RoPReason: 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.
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