UPC CFI 274/2023

At the UPC: Fives ECL, SAS (5 cases)·REEL GmbH (4 cases)

• 2026-02-11
  Determination of damages and compensationPublic

  Summary: Hamburg Local Division dismissed Fives ECL's claim for damages (lost profits) against REEL GmbH in determination of damages proceedings. The Court found that Fives ECL had not sufficiently demonstrated that the profit loss was causally linked to the patent infringement, given that the infringer could have submitted an alternative non-infringing offer. National German law applied as the relevant facts occurred before 1 June 2023.

  Show the legal issues (4)

  • Determination of damages – lost profits
  • Applicable law for pre-UPC infringement acts
  • Causation of lost profits
  • Alternative offer by infringer
• 2023-11-17
  Determination of damages and compensationPublic

  Summary: The Hamburg Local Division dismissed Fives ECL's action for determination of damages based on a prior national court judgment (Landgericht Düsseldorf), holding that the UPC lacks jurisdiction under Article 32 UPCA to assess damages that were not preceded by a UPC infringement action; a national patent enforcement judgment cannot found UPC damages jurisdiction.

  Show the legal issues (3)

  • Jurisdiction for damages determination (Art. 32(1)(a)(f) UPCA)
  • Prior national patent infringement judgment
  • No prior UPC infringement action

• 2023-11-17%20LD%20Hamburg%20UPC_CFI_274-2023%20ACT_559935-2023%20anonymized.pdf2023-11-17DE
• Entscheidung%20geschwa%CC%88rzt.pdf2026-02-11DE