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UPC CoA 8/2026

Jan 19, 2026·EP3327608 +1 more: SECURITY MODULE AND METHOD FOR CONTROLLING AND MONITORING THE DATA TRAFFIC OF A PERSONAL COMPUTER

Case details
Status
Case Closed
Action
Generic
Category
Main Appeal
Parties
Claimants
Reps: Jan Gigerich (IPCGS Gigerich Sedlmaier)
Respondents
Reps: António Campinos (EPO (President))
Division
Court of Appeal
Technology
Computing & AI
Language
German
First decided
Feb 9, 2026
Decisions
  • 2026-02-09
    DismissedAppeal (EPO decision)Action against the decision of the EPO (RoP97)

    German-language decision of the Court of Appeal (Standing Judge Simonsson) dismissing Papst Licensing's appeal against the Paris Central Division decision (UPC_CFI_1771/2025). The CoA confirmed that Art. 3(1) of Regulation 1257/2012 cannot be interpreted to allow registration of unitary effect for a patent that does not designate all participating member states (Malta was not designated). Papst's requests for preliminary rulings to the CJEU were rejected as unnecessary. Each party bears its own costs per Art. 66(2) UPCA.

    Legal issues:Unitary effect registration (Art. 3(1) Reg. 1257/2012)Designation of all participating member states requiredNo interpretation contra legemCJEU preliminary reference (Art. 267 TFEU)
  • 2026-02-09
    DismissedAppeal (EPO decision)Action against the decision of the EPO (RoP97)

    English-language decision of the Court of Appeal (Standing Judge Simonsson) dismissing Papst Licensing's appeal against the CFI decision (UPC_CFI_1771/2025) refusing to annul the EPO's rejection of Papst's application for unitary effect of EP 3 327 608. The headnote confirms that Art. 3(1) of Regulation 1257/2012 cannot be interpreted to allow unitary effect registration for a patent not designating all participating member states. CJEU reference refused. Each party bears its own costs.

    Legal issues:Unitary effect registration (Art. 3(1) Reg. 1257/2012)Designation requirement for unitary effectCJEU preliminary reference refused
Documents
Document titleDatePublic
action.phaseChange.caseClose2026-02-09Not public
action.publishOrderDecision.case2026-02-09Not public
action.issueDecision.decision2026-02-09Not public
Final Order2026-02-09Public
Note2026-01-23Not public
action.communication.general2026-01-22Not public
Note2026-01-22Not public
Other Documents2026-01-22Not public
action.issueOrder.order2026-01-20Not public
Order2026-01-20Public
Receipt2026-01-19Not public
Cover sheet2026-01-19Not public
Exhibit document Claimant2026-01-19Not public
Exhibit document Claimant2026-01-19Not public
Other document Claimant2026-01-19Not public