UPC Analytics
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Decisions

DateCaseDivisionActionMotionOutcomeSummary
2026-03-18UPC_CFI_1357/2025Brussels LDGeneric OrderProceduralProcedural onlyBrussels Local Division ordered Establishment Labs SA to provide security for costs of EUR 600,000 within 21 days in both UPC_CFI_1357/2025 and UPC_CFI_629/2026 proceedings concerning EP 3 107 487 B1. The Court held that the claimant's non-EU incorporation (Costa Rica) and concerns about recoverability of a cost order justified the security requirement, rejecting other elements of the defendants' R. 158 application.
2026-01-16UPC_CFI_1048/2025The Hague LDInfringement ActionInfringement meritsSettledThe Hague Local Division allowed BTL Medizintechnik GmbH's withdrawal of its infringement action against Lexter Microelectronic Engineering Systems S.L. following a settlement. The proceedings were declared closed with no cost decision required.
2026-01-15UPC_CFI_1357/2025Brussels LDPreliminary objectionmotionName.jurisdictionalProcedural onlyThe Brussels Local Division issued a procedural order on a preliminary objection (R. 19 RoP) filed by GC Aesthetics and Romed N.V. challenging jurisdiction in the infringement action brought by Establishment Labs S.A. concerning EP 3 107 487 B1 (breast implant).
2026-01-05UPC_CFI_730/2025Hamburg LDApplication For CostsCostsCosts onlyHamburg Local Division cost assessment decision in the Nera Innovations v. Xiaomi proceedings. The Court determined the reimbursable costs for appeal proceedings under R. 220.2 RoP, holding that: (1) two authorised representatives are generally permissible but not necessary in R. 220.2 appeal on specific procedural issue; (2) the ceiling for reimbursable costs for main proceedings does not apply to R. 220.2 appeals on sub-issues; (3) travel expenses for at least one natural person are always reimbursable; and (4) even a successful party must generally bear its own costs in cost assessment proceedings.
2026-01-05UPC_CFI_730/2025Hamburg LDApplication For CostsCostsCosts onlyDuplicate of the Hamburg Local Division cost assessment decision (5 January 2026) in the Nera Innovations v. Xiaomi proceedings (UPC_CFI_730/2025), determining reimbursable costs for R. 220.2 RoP appeal proceedings on service of statement of claim.
2025-12-23UPC_CFI_683/2025Mannheim LDInfringement ActionInfringement meritsWithdrawnHuawei Technologies Co. Ltd. withdrew its infringement action concerning EP 3 471 419 against all defendants (Shenzhen Transsion Holdings and associated entities) before closure of the written procedure. Defendants 1-4 and 6 consented; Defendant 5 (ASD SAS) was unrepresented. No cost compensation was sought. Huawei was ordered a 60% reimbursement of court fees under R.370.9(b)(i) and R.370.11 RoP.
2025-12-22UPC_CFI_407/2025Dusseldorf LDWithdrawal (RoP265)WithdrawalWithdrawnThe Düsseldorf Local Division accepted the mutual withdrawal of Atlas Global Technologies' infringement action and Vantiva's counterclaim for revocation concerning EP 3 353 901, with the parties waiving a cost decision.
2025-12-05UPC_CFI_342/2025Milan LDApplication for preserving evidence pursuant to RoP192EvidenceProcedural onlyThe Milan Local Division dismissed the defendants' challenge to a previously granted evidence preservation order in the 3V Sigma v. AGA/ACEF chemical patent case, holding that the claimant had fulfilled its duty of disclosure and that sufficient prima facie evidence of infringement was presented to justify the order.
2025-12-04UPC_CFI_806/2025Brussels LDInfringement ActionProceduralProcedural onlyThe Brussels Local Division issued a final order under R. 19 RoP accepting Yealink's withdrawal of its preliminary objection to territorial competence, noting that the LD Brussels had already established its jurisdiction in the earlier PI proceedings between the same parties over EP 3 732 827.
2025-12-04UPC_CFI_415/2025Brussels LDWithdrawal (RoP265)WithdrawalCosts onlyThe Brussels Local Division issued a cost decision following withdrawal of CooperSurgical's infringement action against Motiva/Establishment Labs distributors, awarding costs to the defendants including EUR 5,757.90 to Defendants 1-2 and EUR 75,836.60 to Defendant 3, applying an ex ante proportionality assessment with an implied ceiling of EUR 100,000.
2025-11-26UPC_CFI_806/2025Brussels LDInfringement ActionProceduralProcedural onlyBrussels Local Division procedural order (R. 19 RoP, second order) in Barco v. Yealink infringement proceedings. Yealink raised a preliminary objection to territorial competence of the Brussels Local Division under Art. 33(1)(a) UPCA. The Court had already held it had territorial competence in related PI proceedings (UPC_CFI_582/2024). Order sets out how the preliminary objection will be handled in the main infringement proceedings.
2025-11-19UPC_CFI_802/2024Milan LDInfringement ActionInfringement meritsInfringedThe Milan Local Division issued a default judgment against the defendants (Gastroteam Abbe AB and Marciuliano Attrezzature) for infringement of Morello Forni's patent rights, ordering an injunction and information disclosure regarding the 'Pizza Former' machine, as defendants failed to participate in proceedings.
2025-11-12UPC_CFI_407/2025Brussels LDApplication for an Order for inspection pursuant to RoP199EvidenceProcedural onlyReview order by the Brussels Local Division following an ex parte order for preservation of evidence/inspection pursuant to Rule 197.3 RoP in Genentech/Roche v Organon proceedings. The court confirmed the inspection orders with modifications, set a deadline for expert reports, and set a 31-day (or 20 working day) term for initiating infringement proceedings after receipt of the experts' report.
2025-10-21UPC_CFI_553/2025Hamburg LDApplication for provisional measuresPreliminary injunctionPI grantedThe Hamburg Local Division granted Occlutech GmbH's application for a preliminary injunction against Lepu Medical Technology (Beijing) Co. Ltd. and Lepu Medical (Europe) Cooperatief U.A. for threatened infringement of EP 2 387 951 (braided occlusion device). The Court held that CE-mark approval for the defendants' competing medical device constituted imminent infringement under R. 206.2(c) RoP, regardless of whether the applicant had prior knowledge. An injunction was issued prohibiting offering, placing on the market, and use in Germany, France, Italy, the Netherlands, and Ireland. Value: EUR 1,000,000; defendants bear costs.
2025-10-20UPC_CFI_559/2025Munich LDInfringement ActionInfringement meritsSettledThe Munich Local Division approved the withdrawal of the solar panel infringement action following a comprehensive settlement between the claimant (Shangrao Xinyuan) and defendants 1-4 (LONGi group), and agreement by defendant 5, with no costs order and partial reimbursement of court fees at 60%.
2025-10-07UPC_CFI_226/2025Milan LDApplication Rop 360ProceduralSettledThe Milan Local Division closed the infringement proceedings between Hypertherm Inc. and Tec.Mo. s.r.l. under R. 360 RoP after the parties reached a settlement agreement, with costs compensated between the parties and partial court fee reimbursement ordered.
2025-10-07UPC_CFI_216/2024Brussels LDInfringement ActionInfringement meritsSettledThe Brussels Local Division confirmed the settlement (dadingsovereenkomst) between Cretes NV and Hyler BV in the infringement action and counterclaim for revocation proceedings, and ordered partial reimbursement of court fees under R. 370(9)(c) and (e) RoP.
2025-09-23UPC_CFI_342/2025Milan LDApplication RoP262AProceduralProcedural onlyThe Milan Local Division issued an order on the confidentiality of documents seized during evidence preservation proceedings, setting a temporary confidentiality regime and inviting the parties to submit observations on 3V Sigma's access to the unredacted confidential documentation.
2025-09-17UPC_APP_36985/2025Paris LDGeneric applicationProceduralProcedural onlyParis Local Division order (judge-rapporteur Lignières, full panel) in provisional measures proceedings by Merz Therapeutics GmbH and related Merz entities against Viatris Santé concerning EP 2 377 536 (botulinum toxin / SPC FR13C0033). The order addresses Merz's procedural application (R. 9 RoP) to limit or restructure Viatris' 473-page objection, or alternatively to set a page limit for subsequent submissions. No substantive ruling on the provisional measures application.
2025-09-17UPC_CFI_479/2025The Hague LDApplication for provisional measuresPreliminary injunctionPI grantedThe Hague Local Division granted provisional measures (preliminary injunction) against Defendants 2-5 (IBBH, BEGA Consult, BEGA BBK, NEG Novex) for infringement of EP 3 522 755 B1 (washing machine cabinet). The claim against Defendant 1 (Wasombouw) was settled. Injunctions ordered against specific infringing products (Laundreezy and Respekta Clara cabinets), with costs of EUR 56,000 plus court fees awarded against the defendants jointly.
2025-09-11UPC_APP_36707/2025The Hague LDHearingProceduralPI grantedThe Hague Local Division granted Washtower's application for provisional measures against defendants 2–5 (IBBH, BEGA Consult, BEGA BBK and NEG Novex), handing down injunctions against the making, offering and marketing of Laundreezy and Respekta Clara washing machine cabinets that infringe EP 3 522 755 B1, together with information and recall orders and an interim costs award of €56,000; the application against defendant 1 (Wasombouw) was withdrawn after settlement.
2025-08-26UPC_CFI_559/2025Munich LDGeneric applicationProceduralProcedural onlyProcedural order from Munich Local Division dated 26 August 2025 staying the proceedings in an infringement action brought by Shangrao Xinyuan Yuedong Technology Development Co. against LONGi Solar and related entities regarding EP 3 297 043 B1, following a joint request by the claimant and defendants 1–4 due to ongoing settlement negotiations. Proceedings against defendant 5 (Thomas Seifert) were also stayed under R. 295(m) RoP pending possible inclusion in the settlement.
2025-08-19UPC_CFI_131/2025Brussels LDGeneric OrderCostsProcedural onlyFinal rectification order from the Brussels Local Division dated 19 August 2025 pursuant to R. 353 RoP, correcting a material error (arithmetic mistake) in an earlier costs order. The order clarifies that a rectification under R. 353 RoP is limited to correcting material errors, clerical mistakes and arithmetic errors, and cannot be used to reopen the reasoning of the earlier decision. The court also held that a rectification order does not affect the time limits for appeal relating to alleged legal errors in the original decision.
2025-08-18UPC_APP_33094/2025The Hague LDApplication Rop 333ProceduralProcedural onlyThe Hague Local Division (18 August 2025) confirmed the preliminary objection order upholding UPC jurisdiction over multiple Moderna entities (including Moderna Spain and Moderna Norway) in infringement actions concerning COVID-19 vaccine Spikevax. The panel dismissed all Moderna's grounds challenging international jurisdiction under Brussels Regulation Art. 7(2) and 8(1) and the Lugano Convention.
2025-07-28ACT_63643/2024Lisbon LDInfringement ActionProceduralProcedural onlyLisbon Local Division scheduling order in Telefonaktiebolaget LM Ericsson v. ASUSTek Computer Inc. (EP 2 819 131 B1). Both parties agreed on appointment of a technically qualified judge and joint hearing of infringement and revocation counterclaim. Oral hearing scheduled for 25 March 2026. The court found no need to rule on alignment of reply deadlines as service of the SoD and CCR was established.
2025-07-25ACT_7974/2025Brussels LDApplication For CostsCostsCosts onlyDecision of the Brussels Local Division on costs (Rule 156 RoP) following dismissal of infringement claims in the main proceedings (UPC_CFI_376/2023) brought by a claimant against OrthoApnea S.L. and Vivisol B BV. The Court set out principles for cost recovery including timing of requests for ceiling adjustments, burden of proof for claimed costs, and excluded translation costs and certain security-related costs as non-recoverable.
2025-07-10ACT_19746/2024Hamburg LDInfringement ActionInfringement meritsPartially revokedFinal decision from Hamburg Local Division in infringement action by Nera Innovations Ltd. against Xiaomi entities concerning EP 2 642 632 (wireless power receiver). The infringement claim was dismissed as the patent was found to be substantially invalid. The patent was revoked in its main claim form, but maintained in a limited amended form (auxiliary requests 1 and 2). The counterclaim for revocation beyond those auxiliary requests was also dismissed. Costs of the infringement action borne by claimant; costs of counterclaim split 20% claimant / 80% defendants. Case value set at EUR 3,750,000.
2025-07-10ACT_19746/2024Hamburg LDInfringement ActionProceduralProcedural onlyHamburg Local Division correction order (R. 353 RoP) correcting several factual errors in its judgment of 10 July 2025 in the Nera Innovations v. Xiaomi infringement proceedings. The corrections related to the patent transfer history (incorrect description of LG Innotek transfer) and heading numbering errors.
2025-05-30UPC_CFI_407/2025Brussels LDApplication for preserving evidence pursuant to RoP192EvidenceoutcomeName.otherThe Brussels Local Division granted Genentech / Roche's ex parte applications for an order to preserve evidence (R. 192–198 RoP) and an order for inspection (R. 199 RoP) against Organon and Shanghai Henlius Biotech concerning EP 3 401 335 B1 (biological pharmaceutical patent). The orders were granted after an oral hearing on 23 May 2025. The order to preserve evidence required production of digital information; Organon NV and Organon Heist BV face a penalty of EUR 200,000 per hour for failure to cooperate. Costs are stayed pending the main proceedings.
2025-05-23UPC_CFI_191/2025The Hague LDPreliminary objectionProcedural onlyProcedural order from The Hague Local Division dated 23 May 2025 ruling on a preliminary objection raised by Moderna defendants. The court dismissed Moderna's jurisdictional objections concerning Moderna Spain, Moderna Poland, and Moderna Norway, finding that the UPC has international jurisdiction under Art. 8(1) Brussels I Recast (commercial relationship within the same group) and that the LD The Hague has local competence under Art. 33(1)(b) UPCA because Moderna Netherlands B.V. is domiciled in the Netherlands. An opt-out validity issue was also addressed. The decision allows the infringement proceedings to proceed on the merits.
2025-05-19UPC_CFI_342/2025Milan LDApplication for preserving evidence pursuant to RoP192EvidenceProcedural onlyThe Milan Local Division granted 3V Sigma S.p.A. an ex parte order for preservation of evidence against ACEF S.p.A. and ACEF S.r.l. concerning EP 3 275 872 and EP 3 275 426 (triazine UV stabilisers / cosmetic UV filter compositions).
2025-05-08UPC_CFI_582/2024Brussels LDGeneric applicationDismissedThe Brussels Local Division dismissed Yealink's application for rectification (R. 353 RoP) of the Final Order of 21 March 2025, which had dismissed Barco's application for provisional measures and ordered Barco to pay Yealink's costs up to the EUR 112,000 ceiling. Yealink sought to clarify the order by adding the word 'interim' to the costs award, but the court found no clerical error, miscalculation or obvious omission warranting rectification. The court confirmed that the costs award of EUR 112,000 against Barco (the unsuccessful party in the provisional measures) was already clearly an interim award on the face of the Final Order.
2025-05-02UPC_CFI_131/2025Brussels LDApplication For CostsCostsCosts onlyProvisional Procedural Order IV in the costs proceedings brought by OrthoApnea S.L. and Vivisol B BV against an anonymised defendant. The Judge-Rapporteur suspended the costs proceedings pending the outcome of the defendant's appeal against the merits decision (UPC_CFI_376/2023 / UPC_CoA) on grounds of fairness, since the costs outcome depends on the appeal outcome.
2025-05-02UPC_CFI_131/2025Brussels LDApplication For CostsCostsCosts onlyThe Brussels Local Division (judge-rapporteur Samuel Granata, in Dutch) issued Provisional Procedural Order IV, suspending the costs proceedings (ACT_7974/2025, requesting EUR 92,814.62 in costs from the anonymised defendant) pending the Court of Appeal's decision on the merits of the underlying dispute. The order instructs the successful party to notify the judge-rapporteur of the outcome once the Court of Appeal has decided, so that a final costs decision can be rendered.
2025-03-21UPC_CFI_582/2024Brussels LDApplication for provisional measuresPI deniedThe Local Division Brussels dismissed Barco's application for provisional measures against Yealink due to lack of urgency. Barco had waited an unreasonably long period before filing, having been aware of the allegedly infringing products since at least May 2023. Barco was ordered to pay Yealink's costs up to EUR 112,000. Dispute value set at EUR 1,000,000.
2025-02-20UPC_APP_6987/2025Brussels LDGeneric applicationProceduralProcedural onlyBrussels Local Division (20 February 2025) ruled on HYLER BV's contested addition of new non-infringement arguments and a new document in its rejoinder. The panel rejected the primary request, upheld the alternative request in part, and excluded certain paragraphs of HYLER's rejoinder (paragraphs 506–510) from consideration, finding they introduced new arguments not justified by Cretes' reply submissions. The request for an extra week to respond was also rendered moot.
2025-02-10UPC_APP_3474/2025Helsinki LDGeneric applicationProceduralProcedural onlyHelsinki Local Division granted AIM Sport Development AG's application under Rule 263 RoP for leave to amend its infringement case (replacing AIM Sport Vision AG as claimant) and to add TGI Sport Virtual UK Limited as a new defendant under Rule 305 RoP. The court allowed the amendment noting the risk of irreconcilable decisions from different courts if not joined. The defendants (Supponor companies) were ordered to file their statement of defence within three months. Leave to appeal was granted.
2025-01-17UPC_CFI_376/2023Brussels LDInfringement ActionNot infringedDecision on the merits by the Brussels Local Division (full panel) in an infringement action concerning a patent on a medical device (sleep apnea treatment). The court dismissed both the literal infringement claim and the infringement-by-equivalence claim against OrthoApnea S.L. and Vivisol B BV. On literal infringement, the court interpreted the patent claims in light of the claim as a whole and found the accused products did not meet all claim features. On equivalence, the court found no functional equivalence regardless of which equivalence test was applied. The court also lifted the earlier evidence-preservation order (seizure) and ordered the claimant (unnamed, anonymized) to pay the defendants' costs. A key procedural holding addressed the temporal conditions for bringing main proceedings following evidence preservation.
2024-11-22UPC_CFI_239/2023The Hague LDCounterclaim for revocationRevocation meritsInfringedThe Hague Local Division held that the patent is valid and infringed by equivalence. The Court ordered Arkyne Technologies (Bioo) to cease and desist from infringing EP 2 137 782 by applying the patented method or supplying Bioo Panels, Bioo Benches, or Bioo products in Benelux, France, Germany, and Italy. The Court rejected the counterclaim for revocation. The Court also ordered a customer notification letter/website publication.
2024-11-05UPC_CFI_643/2024Milan LDApplication for provisional measuresPreliminary injunctionPI grantedMilan Local Division granted Cardo Systems' application for provisional measures (preliminary injunction and seizure) against Shenzhen Asmax Infinite Technology Co. and Hong Kong Yiheng International Technology Co. without hearing the respondents (ex parte). The court ordered: (1) service by bailiff at EICMA 2024 trade fair in Milan; (2) seizure and description of infringing products; (3) institution of merits proceedings within 31 days on pain of revocation. Costs to be settled in the merits proceedings.
2024-10-25ORD_55012/2024Brussels LDGeneric OrderProceduralProcedural onlyBrussels Local Division procedural order (full panel: Granata, Kupecz, Voss) in infringement proceedings by Cretes NV against Hyler BV concerning EP 3 993 602 and EP 4 284 152, deciding under R. 37(2) RoP to handle both the infringement action (ACT_25743/2024) and the revocation counterclaim (CC_53420/2024) jointly for reasons of efficiency, consistent with the parties' wishes. The joint treatment ensures uniform patent interpretation by the same panel.
2024-09-17ACT_581538/2023Brussels LDInfringement ActionProceduralProcedural onlyThe Brussels Local Division issued a procedural order following an interim conference under R. 105.5 RoP, setting the schedule and framework for the oral hearing in this infringement action concerning EP 2 331 036.
2024-09-17UPC_APP_39793/2024Hamburg LDApplication RoP262.1 (b)ProceduralProcedural onlyOrder of the Hamburg Local Division granting Powell Gilbert LLP (as a member of the public) access to written pleadings and evidence in the provisional measures proceedings (ORD_33145/2024) between Ballinno B.V. and UEFA/Kinexon concerning EP 1 944 067. The Court granted access under Rule 262.1(b) RoP, holding that as the provisional measures proceedings had terminated at first instance, the public interest in scrutinising the handling of an early and significant UPC provisional measures decision outweighed confidentiality concerns.
2024-07-29ORD_43914/2024Munich LDGeneric OrderProceduralProcedural onlyThe Munich Local Division issued a procedural order concerning a stay of infringement proceedings in the Amgen v Sanofi/Regeneron case relating to EP3666797, in light of parallel EPO opposition proceedings and a separate revocation action filed by the defendants at the UPC Central Division.
2024-07-19ORD_42503/2024Brussels LDGeneric OrderProceduralProcedural onlyThe Brussels Local Division (full panel) dismissed the respondents' application for review under R. 333 RoP of an earlier judge-rapporteur order that had denied their objection against the claimant's equivalence arguments introduced in the reply. The panel upheld the judge-rapporteur's finding that introducing an infringement argument based on equivalence in the reply did not constitute a fundamental new ground requiring prior leave under R. 263.1 RoP.
2024-07-08UPC_APP_37702/2024Brussels LDGeneric applicationProceduralProcedural onlyProcedural order of the Brussels Local Division in an infringement action concerning EP 2 331 036. The order addresses whether the claimant was permitted to supplement the factual basis and add equivalence infringement arguments in the Reply to the Statement of Defence, and whether the request/claims could be adapted. The order ruled on the admissibility of equivalence arguments raised at the reply stage.
2024-06-03ACT_16267/2024Hamburg LDApplication for provisional measuresPreliminary injunctionPI deniedHamburg Local Division dismissed Ballinno B.V.'s application for provisional measures (preliminary injunction) against UEFA, Kinexon GmbH and Kinexon Sports & Media GmbH in connection with EP 1 944 067 (method for detecting offside situations in football). The application was dismissed on urgency grounds: Ballinno had waited almost three months after acquiring knowledge of the alleged infringement before taking decisive investigative steps, which was incompatible with the urgency requirement under Art. 62(2) UPCA. Ballinno was ordered to pay costs including those of the protective letter.
2024-05-01UPC_CFI_379/2023The Hague LDGeneric applicationWithdrawnThe Hague Local Division (full panel) declared the infringement action by Keestrack N.V. against Geha Laverman B.V. concerning EP 3 713 672 closed following withdrawal of the action with the consent of the defendant. Each party bears its own costs. A 60% reimbursement of the fixed court fee was ordered pursuant to R. 370.11 RoP as the withdrawal occurred before the end of the written procedure.
2024-03-13UPC_CFI_354/2023Munich LDApplication for provisional measuresSettledThe Munich Local Division issued a decision confirming the settlement between the parties in provisional measures proceedings brought by Steindl Krantechnik against BEHA Bau- und Forstgreiftechnik concerning EP 3 287 315. Following the oral hearing of 30 January 2024, the parties reached a preliminary agreement and subsequently filed a settlement text under R. 365 RoP. The court confirmed the settlement, ordered its details to be kept confidential (R. 365.2 RoP), and noted that no separate costs decision was required as costs were regulated in the settlement.
2024-03-04UPC_CFI_239/2023The Hague LDInfringement ActionProceduralProcedural onlyThe Hague Local Division granted Plant-e's application for a confidentiality order under R.262A RoP protecting financial information submitted with their reply to a R.158 application, with access limited to counsel only with the consent of the parties.
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