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UPC CoA 302/2025

Mar 31, 2025·EP2548648 · Mill for comminuting of material

Case details
Status
Case Closed (Patent infringed)
Action
Appeal
Category
Main appeal
Parties
Claimants
Representatives
Respondents
Representatives
Division
Court of Appeal
Technology
  • Chemistry
    Chemical engineering
Language
German
First decided
Feb 17, 2026
Last decision
Jul 3, 2026
How this compares
How long the court takes to reach a first decision.
Median days to first decision
All UPC124
Judge Klaus GrabinskiLocked
Judge Emmanuel GougéLocked
Judge Peter BlokLocked
Judge Max TilmannLocked
Judge Gérard MyonLocked

At the UPC: Rematec GmbH & Co KG (11 cases)·Europe Forestry B.V. (14 cases)

This dispute contains 10 other proceedings

UPC CoA 88/2026·UPC CoA 89/2026·UPC CFI 1297/2026·UPC CFI 1298/2026·UPC CFI 978/2026 and 5 more

3 other defendants litigating the same or a related patent

UPC CFI 244/2025·UPC CFI 193/2025·CC 7594/2024

Start a free trial to see how each one ended.

More cases: Court of Appeal·2025

Decisions
  • 2026-07-03
    Application RoP 333Public

    Summary: The Court of Appeal dismissed Rematec's application under R. 333 RoP for panel review of the rapporteur's order of 30 March 2026. The Court confirmed that the cost-assessment application under R. 151 RoP must be filed with the Local Division Mannheim (the court of first instance), not with the Court of Appeal, and that no extraordinary circumstances existed to justify otherwise. The Court also rejected Rematec's argument that R. 151 RoP is incompatible with the UPCA or EU law.

    Show the legal issues (4)
    • jurisdiction for cost-assessment applications under R. 151 RoP
    • panel review of rapporteur order (R. 333 RoP)
    • compatibility of R. 151 RoP with UPCA and EU law
    • referral of preliminary ruling question to CJEU
  • 2026-03-30
    Application For CostsPublic

    Summary: The Court of Appeal dismissed Rematec's application to have its costs-assessment request referred to the Court of First Instance with the filing date of the Court of Appeal treated as the CFI filing date. The Court held that it lacks jurisdiction over costs-assessment proceedings, which must always be initiated before the CFI under R. 150 ff. RoP, even when they concern appellate costs. No exceptional circumstances justifying a referral were found.

    Show the legal issues (4)
    • Jurisdiction of the Court of Appeal over costs-assessment applications (R. 150 ff. RoP)
    • Referral of costs-assessment application from the Court of Appeal to the Court of First Instance
    • Filing date of costs-assessment application when initially filed at the wrong court
    • Absence of exceptional circumstances justifying a referral order
  • 2026-02-17
    Appeal RoP220.1Public

    Summary: Court of Appeal reversed the first instance decision, which had revoked the patent. The Court of Appeal upheld the patent's validity (rejecting the counterclaim for revocation), found patent infringement, and issued orders including a permanent injunction, recall, and destruction of infringing products. Provisional lump-sum damages of EUR 20,000 were awarded, with full damages to be determined in subsequent proceedings. (German-language version)

    Show the legal issues (5)
    • Counterclaim for revocation – sufficiency of disclosure (Art. 138(1)(b) EPC)
    • Court of Appeal's obligation to give final decision (Art. 75 UPCA)
    • Indirect infringement
    • Publication of decision (Art. 80 UPCA)
    • Referral back to CFI in exceptional circumstances only
Document titleDatePublic
Order2026-07-03Not public
Order2026-07-03Public
Receipt2026-05-13Not public
Cover sheet2026-05-13Not public
Application Appellant2026-05-13Not public
Exhibit Appellant2026-05-13Not public
Exhibit Appellant2026-05-13Not public
Receipt2026-05-07Not public
Cover sheet2026-05-07Not public
Other document Appellant2026-05-07Not public
Accepted arguments
What the court agreed with — by party.
  • Costs-assessment proceedings must be initiated before the Court of First Instance, even when relating to appellate costs, so that appeal of the costs decision remains available under R. 157 and 221 RoP

    RespondentLegal basis: R. 150 ff., R. 157, R. 221 RoP; UPC_CoA_1/2024 (Hanshow v. VusionGroup)
Rejected arguments
What the court did not agree with — and why.
  • The Court of Appeal should refer the costs-assessment application to the CFI and treat the Court of Appeal filing date as the CFI filing date

    ClaimantLegal basis: R. 150 ff. RoP; Art. 33(2), 33(3), 75 UPCA; R. 102, R. 238A RoP
  • Exceptional circumstances analogous to UPC_CoA_1/2024 (Hanshow v. VusionGroup) justify a referral order

    ClaimantLegal basis: UPC_CoA_1/2024 (Hanshow v. VusionGroup)