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UPC CFI 850/2026

Mar 6, 2026·EP4123910 Unitary patentSEP · INFORMATION INDICATION METHOD AND RELATED PRODUCT

Case details
Status
Case Closed (Claim dismissed)
Action
Infringement
Category
Main infringement action
Parties
Division
Lisbon LD
Technology
  • Electrical engineering
    Telecommunications
Language
English
First decided
Apr 7, 2026
Last decision
Jul 14, 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.
Infringement foundMedian days to first decision
All UPC53% (62/117)124
Lisbon LD—Locked
Judge Rute LopesLockedLocked
Judge András KupeczLockedLocked
Judge François Thomas—Locked

At the UPC: Transsion Group (31 cases)·Ericsson Group (53 cases)

This dispute contains 1 other proceedings

UPC CoA 91/2026

1 other defendants litigating the same or a related patent

UPC CFI 1515/2026

Start a free trial to see how each one ended.

More cases: Lisbon LD·2026

Decisions
  • 2026-07-14
    InfringementPublic

    Summary: The Lisbon Local Division allowed Transsion's withdrawal of its infringement action against Ericsson, filed before the Statement of Defence and with the defendants' agreement. Each party was ordered to bear its own costs, 50% of court fees were reimbursed to the claimant, and the EUR 100,000 security for costs was released and returned to the claimant.

    Show the legal issues (3)
    • Withdrawal of infringement action under R. 265.1 RoP
    • Reimbursement of 50% court fees under R. 370.9(b) and R. 370.11 RoP
    • Release of security for costs under R. 352.2 RoP
  • 2026-05-26
    Infringement ActionPublic

    Summary: The court dismissed Ericsson's application to strike out Transsion's injunctive relief requests under R.360 RoP (action devoid of purpose) and R.361 RoP (manifestly bound to fail). The court found that the action had not become devoid of purpose as no post-filing event had rendered it inadmissible, and that the case was not a clear-cut instance of manifest inadmissibility warranting early dismissal without full examination of the merits.

    Show the legal issues (5)
    • R.360 RoP — whether action has become devoid of purpose due to pending cross-licence proceedings at another local division
    • R.361 RoP — whether injunctive relief requests are manifestly inadmissible or manifestly lacking any foundation in law
    • FRAND licensing obligations and entitlement to injunction by SEP holder
    • Relationship between parallel UPC proceedings (Lisbon LD vs The Hague LD) on cross-licence determination
    • Lis pendens and jurisdiction interactions between local divisions
  • 2026-05-26
    Infringement ActionPublic

    Summary: The Court ordered claimant Shenzhen Transsion Holdings Co. Ltd. to provide security for costs of EUR 100,000 within 21 days, by deposit into the UPC security account or bank guarantee from an EU-licensed bank. The Court found enforcement of a costs order in China would be unduly burdensome due to the absence of a multilateral recognition framework and established UPC service difficulties in China. Costs of the security application were deferred to the decision on the merits.

    Show the legal issues (5)
    • Security for costs under Article 69(4) UPCA and R.158 RoP
    • Enforceability of UPC costs orders against China-domiciled claimant
    • Burden of proof for security for costs applications
    • Appropriate amount of security for costs based on case value and recoverable costs ceiling
    • Means of providing security (deposit or bank guarantee)
  • 2026-04-07
    Infringement ActionPublic

    Summary: The Court granted the Defendants' request for alignment of deadlines under R. 9 RoP. The Preliminary Objection is due for all Defendants on 1 May 2026, and the Statement of Defence and Counterclaim for Revocation are due on 1 July 2026. The request was agreed between the parties to allow a unified representative to act for all Defendants.

    Show the legal issues (2)
    • Alignment of deadlines for Preliminary Objection and Statement of Defence under R. 9 RoP
    • Extension of time period to allow unified representation for all Defendants
Document titleDatePublic
Case closed2026-08-21Not public
Publication of decision2026-07-15Not public
Publication of decision2026-07-14Not public
Decision2026-07-14Not public
Decision2026-07-14Public
Receipt2026-07-10Not public
Cover sheet2026-07-10Not public
Application document Defendant2026-07-10Not public
Communication2026-07-10Not public
Receipt2026-07-09Not public
Accepted arguments
What the court agreed with — by party.
  • The action has not become devoid of purpose under R.360 RoP because no event occurring after the filing of the action has rendered it inadmissible; the cross-licence proceedings at The Hague were filed before this action or have not yet concluded.

    ClaimantLegal basis: R.360 RoP; CoA UPC_CoA_328/2024 (12 May 2025); CoA UPC_CoA_584/2024 (9 January 2025)
  • R.361 RoP is reserved for clear-cut cases; this case is not clear-cut as it requires full assessment of facts, law, and evidence and Ericsson's argument relies on a conjectural future outcome.

    ClaimantLegal basis: R.361 RoP; UPC_CoA_265/2024 (18 September 2024, Volkswagen/NST); CD Munich 24 March 2026, 2296/2025
Rejected arguments
What the court did not agree with — and why.
  • Transsion's injunctive relief requests should be dismissed as devoid of purpose under R.360 RoP because the cross-licence proceedings at The Hague cover EP 910 and Transsion has acknowledged owing Ericsson a net balancing payment.

    RespondentLegal basis: R.360 RoP
  • Transsion's injunctive relief requests are manifestly inadmissible under R.361 RoP because the patent would be covered by the FRAND cross-licence adjudicated in The Hague, and Transsion has not demonstrated FRAND compliance.

    RespondentLegal basis: R.361 RoP