UPClytics
ENDE
Sign inStart trial
View all cases

UPC CFI 449/2025

May 28, 2025·EP2826630 +1 more · Fluid cartridge

Follow
Case details
Status
Case Closed
Action
Provisional measures
Category
Provisional measures
Parties
Claimants
Representatives
Respondents
Representatives
Patents
Division
Dusseldorf LD
Judges
Technology
  • Mechanical engineering
    Textile and paper machines
Language
English
First decided
Oct 16, 2025
Last decision
Feb 2, 2026
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.
Preliminary injunction grantedMedian days to first decision
All UPC54% (38/70)124
Dusseldorf LDLockedLocked
Judge Ronny ThomasLockedLocked
Judge Jule SchumacherLockedLocked
Judge Rute LopesLockedLocked

At the UPC: HP Group (22 cases)·Zhuhai ouguan Electronic Technology Co., Ltd. (2 cases)

Start 14-day free trialAlready a user? Sign in
Related cases

This dispute contains 1 other proceedings

UPC APP 33210/2025

Start a free trial to see how each one ended.

More cases: Dusseldorf LD·2025

Decisions
  • 2026-02-02
    Public

    Summary: The Düsseldorf Local Division issued a further order of good service under R. 275.2 RoP for HP's printer patent PI proceedings against Zhuhai ouguan, after additional enquiries to China's central authority produced no further response, deeming service sufficient.

    Show the legal issues (2)
    • Order of good service (R. 275.2 RoP)
    • Extended delay by Chinese central authority
  • 2025-11-28
    Application for provisional measuresPublic

    Summary: The Düsseldorf Local Division granted a preliminary injunction against Zhuhai ouguan Electronic Technology (Defendant 1) for infringement of HP's printer-related patents EP 2 826 630 B1 and EP 3 530 469 B1 (ink cartridges), after service was deemed good and the defendant failed to file an objection; penalty payments of up to EUR 250,000 per day ordered.

    Show the legal issues (3)
    • Preliminary injunction by default after failure to file objection
    • R. 275.2 deemed good service
    • Ink cartridge and logic circuitry patent infringement
  • 2025-10-16
    Public

    Summary: The Düsseldorf Local Division deemed service of an application for provisional measures on a Chinese defendant (Zhuhai ouguan) to be good service under R. 275.2 RoP, after service via the Hague Convention failed due to the defendant being untraceable at the provided address.

    Show the legal issues (3)
    • R. 275.2 RoP deemed good service
    • Service via Hague Convention failure
    • Provisional measures application service
Documents
Show all 82 documents
Document titleDatePublic
Case closed2026-02-11Not public
Order2026-02-02Not public
Order2026-02-02Public
Cover sheet2025-12-16Not public
Exhibit document Claimant2025-12-16Not public
Application document Claimant2025-12-16Not public
Receipt2025-12-16Not public
Decision2025-11-28Not public
Final Order2025-11-28Public
Cover sheet2025-11-18Not public
Coverage: Partial.Reasoning extracted with partial coverage — some sections may be incomplete.
Plain-English summary

Hewlett-Packard sought and obtained a preliminary injunction from the Düsseldorf Local Division against Chinese manufacturer Zhuhai ouguan for infringement of two ink-cartridge patents (EP 2 826 630 B1 and EP 3 530 469 B1). The case established important procedural principles on deemed service under R. 275.2 RoP where the Hague Convention failed due to the defendant being untraceable, and on proceeding to a substantive PI order where the defendant, having been given the opportunity to object, failed to respond.

Accepted arguments
What the court agreed with — by party.

  • Service on Chinese defendant Zhuhai ouguan via Hague Convention having failed, steps already taken constitute good service under R. 275.2 RoP

    ClaimantLegal basis: R. 275.2 RoP; Art. 15(3) Hague Convention

    Note: Court held that where Chinese authorities returned documents without effecting service and the applicant credibly demonstrated the address was correct, deemed service was appropriate; renewed attempt at formal service incompatible with urgency of PI proceedings.

  • Defendant's failure to file an objection after being invited to do so (R. 209.1(a)) entitles Court to decide PI application on applicant's submissions alone

    ClaimantLegal basis: R. 209.1(a) RoP; R. 275.2 RoP

    Note: Following the line from UPC_CFI_213/2025 (Aesculap) and the 3 September 2025 order in same case, the Court issued a regular PI order rather than a default decision.

  • HP's ink cartridges (Patents A and B) infringed by Zhuhai ouguan's devices

    ClaimantLegal basis: EP 2 826 630 B1; EP 3 530 469 B1

    Note: Preliminary injunction granted for both patents against Defendant 1 in specified UPC territories; penalty up to EUR 250,000 per day.

Rejected arguments
What the court did not agree with — and why.

  • Application dismissed in all other aspects against Defendant 1

    ClaimantLegal basis: R. 206 RoP

    Reason: Certain aspects of the provisional measures application did not meet the legal requirements; exact grounds not detailed in the available excerpt.

Key legal principles
Doctrines and rules cited in the reasoning.
deemed good service under R. 275.2 RoP where Hague Convention service failsArt. 15(2) Hague Convention six-month period inapplicable without restriction in PI proceedingsdecision on PI application based on applicant's submissions alone where defendant fails to objecteffective judicial protection requires alternative service options where formal service is futilePI proceedings: regular order rather than default decision where defendant was given opportunity to respond

Browse other cases on this principle.

Claim construction notes

The excerpt recites the full claim text of EP 3 530 469 B1 (ink cartridge with specific interface, guide, latch, and electrical circuit arrangement) as the basis for the injunction order, but no disputed claim terms or construction arguments are discussed.