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Decisions

DateCaseDivisionActionMotionOutcomeSummary
2026-03-24UPC_CFI_1049/2025Hamburg LDInfringement ActionInfringement meritsWithdrawnThe Hamburg Local Division ordered reimbursement of 60% of court fees to claimant BTL Medizintechnik GmbH following the previously granted withdrawal of its infringement action before closure of the written procedure, applying R. 370.9(b)(i) RoP (2025 version).
2026-03-23UPC_CFI_1963/2025Paris LDInfringement ActionProceduralProcedural onlyParis Local Division (panel, on R.333 review) upheld the Judge-Rapporteur's order of 17 February 2026 rejecting Bosch's preliminary objections to the territorial competence of Paris Local Division. The panel confirmed that Art. 33.1(b) UPCA requires only a commercial link between all defendants (not a direct link between the anchor defendant and each co-defendant), and that 'same infringement' means infringement of the same patent by all defendants, not identical products.
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.
2026-02-17UPC_CFI_1963/2025Paris LDInfringement ActionProceduralProcedural onlyParis Local Division rejected all of Bosch's preliminary objections to the jurisdiction and internal competence of the Paris Local Division in Valeo's infringement action. The court held that the condition in Art.33.1(b) UPCA ('action relates to the same infringement') requires violation of the same patent by all defendants but does not require identical infringing products. The Paris Local Division was found competent for all defendants. Costs deferred to merits decision.
2026-02-04UPC_CFI_530/2025Paris LDInfringement ActionProceduralProcedural onlyParis Local Division rejected Adobe's application for a default decision against KEEEX under R.158.5 and R.355.1 RoP. The court held that KEEEX had complied with the order to provide a bank guarantee (required following an earlier procedural order of 19 December 2025) and that Adobe's formal objections to the guarantee were unsubstantiated. The lack of diligence required to justify a default decision was not established.
2026-01-16UPC_CFI_702/2024Paris LDInfringement ActionInfringement meritsInfringedFinal decision (in French) in infringement action by IMC Créations against Mul-T-Lock France (EP 4 153 830, unitary patent - lock/padlock). Court found that the MVP 1000 padlock infringed the amended claims 1 and 6 of the unitary patent as limited. Revocation counterclaim rejected (claims 1 and 6 of the amended patent valid). Injunction and corrective measures (recall, removal from channels, destruction) ordered, with a 3-month delay before enforcement per parties' agreement. Disclosure of commercial information ordered. Mul-T-Lock to bear 90% of costs. Claims on the Swiss part of the patent rejected. Key headnotes: amended unitary patent takes effect from original grant date; national parts of European patent in non-UPC states assessed against the patent as originally granted.
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).
2026-01-13UPC_CFI_850/2024Mannheim LDApplication RoP262AProceduralProcedural onlyThe Mannheim Local Division issued a further procedural order in ZTE v. Samsung addressing Samsung's request to produce a licence agreement, granting confidentiality protection under R. 262A RoP and permitting Samsung to file a further pleading on FRAND topics under R. 36 RoP.
2025-12-23UPC_CFI_850/2024Mannheim LDInfringement ActionProceduralProcedural onlyThe Mannheim Local Division issued a procedural order in ZTE v. Samsung proceedings addressing Samsung's request to produce a licence agreement and requests for further written pleadings under R. 36/263 RoP on FRAND defence, as well as scheduling of an interim conference.
2025-12-18UPC_CFI_716/2024Mannheim LDInfringement ActionInfringement meritsInfringedThe Mannheim Local Division found that Bekaert Combustion Technology B.V. and NV Bekaert SA infringed Polidoro's premixed burner patent EP 2 037 175 and granted an injunction, recall/removal, destruction, information order, interim damages, and publication of the decision.
2025-11-27UPC_CFI_530/2025Paris LDInfringement ActionProceduralProcedural onlyParis Local Division rejected all preliminary objections raised by the defendants (Adobe, OpenAI, Truepic, JDF Projects and C2PA) in KEEEX's infringement action. The court upheld the jurisdiction of the UPC and the internal competence of the Paris Local Division under Art.33.1(a) UPCA, finding that infringing acts alleged in France established competence. Defendants were ordered to file their statements of defence by 2 January 2026. Costs deferred to the merits decision.
2025-10-30UPC_CFI_361/2025Paris LDInfringement ActionInfringement meritsDismissedThe Paris Local Division (full panel: Lignieres, Kupecz, Gillet) rejected Vivo's preliminary objection challenging UPC jurisdiction and the internal competence of the Paris Local Division in Sun Patent Trust's SEP/FRAND infringement action concerning EP 3 852 468. The Court held that UPC jurisdiction is established under Art. 33(1)(a) UPCA because an allegedly infringing Vivo product was offered and delivered to a French customer via Fnac.com, constituting a harmful event in France. Vivo's additional argument that only a FRAND defence (not a FRAND main claim) falls within UPC jurisdiction was deferred to the main proceedings under R. 20.2 RoP.
2025-10-30UPC_CFI_362/2025Paris LDInfringement ActionProceduralProcedural onlyPreliminary objection (R.19 RoP) decided by the Paris Local Division. The court rejected the jurisdictional challenge raised by Vivo (that the UPC lacks jurisdiction over an active FRAND determination request as the main claim), holding that the UPC has jurisdiction to hear the infringement action including FRAND aspects, and that the Paris Local Division is internally competent under Art.33.1(a) UPCA on the basis of alleged infringing sales in France. The preliminary objection was deferred/rejected and the case proceeds on the merits.
2025-10-24UPC_CFI_612/2024Paris LDInfringement ActionInfringement meritsNot infringedThe Paris Local Division dismissed Raccords et Plastiques Nicoll's infringement action against First Plast and related defendants for EP 3 272 938 (invisible drainage channel grating), finding neither literal nor equivalence infringement of the patent claims by the 'Ghost' grille product.
2025-10-13UPC_CFI_362/2025Paris LDInfringement ActionProceduralProcedural onlyThe Paris Local Division (judge-rapporteur Camille Lignieres) issued a preliminary order refusing Vivo's request to postpone the deadline for filing the Statement of Defence pending the outcome of Vivo's preliminary objection on UPC jurisdiction in the SEP/FRAND case (EP 3 407 524). The Court held that R. 19.6 RoP provides that the filing of a preliminary objection should not slow down the main proceedings in the absence of exceptional circumstances. Since Vivo would raise a FRAND defence in any event, no exceptional circumstances were established. The Statement of Defence remained due on 28 November 2025.
2025-09-08UPC_CFI_530/2025Paris LDGeneric applicationProceduralProcedural onlyThe Paris Local Division issued a procedural order aligning service deadlines for the multiple defendants in the infringement action filed by KEEEX SAS against Adobe, OpenAI, TruePic, the Joint Development Foundation Projects and the Coalition for Content Provenance and Authenticity (C2PA) concerning EP 2 949 070. The order addressed technical difficulties encountered in serving defendants located in Ireland and the USA under The Hague Convention, and set extended time limits for responses.
2025-08-26UPC_CFI_362/2025Paris LDGeneric applicationProceduralProcedural onlyParis Local Division granted a three-week extension to Vivo entities for filing their Preliminary Objection and Statement of Defence in Sun Patent Trust's infringement action concerning EP 3 407 524, following the delay caused by confidentiality proceedings and the parties' voluntary agreement to grant access to unredacted files.
2025-07-21UPC_CFI_361/2025Paris LDApplication RoP262AProceduralProcedural onlyProcedural order on Sun Patent Trust's application for confidentiality protection (Rules 262.2 and 262A RoP) of highly confidential information in its infringement action against Vivo. The court set conditions for access by Vivo's representatives and named in-house employees to the unredacted statement of claim, rejecting certain overly restrictive constraints proposed by the claimant.
2025-06-19UPC_CFI_363/2024Paris LDGeneric applicationProcedural onlyProcedural order from the Paris Local Division dated 19 June 2025 dealing with security for costs requested by defendant GISELA MAYER GmbH against claimant N.J DIFFUSION SARL in an infringement action. NJ Diffusion had been placed in judicial reorganization (redressement judiciaire) on 5 June 2025. The court had to deal with: (1) the intervention of the court-appointed administrator and judicial representative; (2) request to provide security for costs under R. 158 RoP; and (3) the oral hearing scheduled for 20 June 2025. The order addresses the effect of insolvency proceedings on pending UPC proceedings under R. 311 RoP.
2025-05-28UPC_CFI_189/2025Mannheim LDGeneric OrderProcedural onlyThe Mannheim Local Division set the preliminary value in dispute at EUR 4,000,000 in Samsung Electronics' 5G SEP infringement action against ZTE entities concerning EP 4 050 804, and ordered Samsung to pay an additional advance on fees of EUR 26,000. The court found the initial estimate of EUR 500,000 greatly underestimated the value given that the action attacked all standard-essential 5G mobile devices of ZTE and had economic bearing on the broader FRAND rate dispute between the parties.
2025-05-23ACT_17434/2024Paris LDInfringement ActionInfringement meritsRevokedParis Local Division revoked the Dutch, French, German and Italian parts of claims 1-6 of EP 3 155 936 (Hurom slow juicer) as unconditionally amended in the Main Request, and claims 1-3 as amended in the Auxiliary Request, following NUC Electronics' counterclaim for revocation. The patent was found invalid under Art. 138(1) EPC. All of Hurom's infringement claims were dismissed. Hurom's claims for infringement in Poland were held admissible (BSH v Electrolux principle) but dismissed on the merits for lack of evidence. Hurom was ordered to bear all costs.
2025-05-09UPC_CFI_241/2023Milan LDGeneric OrderCostsCosts onlyThe Milan Local Division issued a costs decision pursuant to Rule 156 RoP following a prior merits judgment (ORD_598484/2023) in favour of Oerlikon Textile against Bhagat Textile Engineers for infringement of EP 2 145 848. The court awarded Oerlikon EUR 80,000 in recoverable representation costs (EUR 65,000 for the main action and EUR 15,000 for the preservation of evidence proceedings), reduced from the claimed EUR 120,425.28, on the basis that the case was relatively straightforward with no validity or infringement dispute by the defendant.
2025-05-08UPC_CFI_716/2024Mannheim LDGeneric applicationProceduralProcedural onlyProcedural order granting Claimant Polidoro S.p.a. a one-week extension to 19 May 2025 for filing its Reply to the Statement of Defence and Defence to the Counterclaim for Revocation. Extension justified because access to the unredacted version of the Statement of Defence was delayed under Rule 262A RoP.
2025-04-24ACT_588685/2023Paris LDInfringement ActionInfringement meritsInfringedThe Paris Local Division found that Laser Components SAS infringed EP 3 404 726 owned by Seoul Viosys Co. Ltd., ordered corrective measures including withdrawal and destruction of infringing UV-C LED chips from the French market, and directed disclosure of information for damages calculation, while reserving the quantum of damages for a separate procedure.
2025-04-18UPC_CFI_358/2023Paris LDApplication RoP262.1 (b)ProceduralProcedural onlyParis Local Division ruled on a third-party access request to the case file under R.262.1(b) RoP by LIFE365 (Italian companies involved in compatible printer cartridges). The Court granted partial access to certain public procedural documents (including certain memorials and prior art documents cited), but withheld documents covered by confidentiality orders and those declared inadmissible.
2025-02-17UPC_CFI_440/2023Paris LDInfringement ActionProceduralProcedural onlyThe Paris Local Division issued an interim management order following the preparatory conference (R. 105.5 RoP) in the infringement action by Seoul Viosys against Laser Components SAS and Photon Wave Co. concerning EP 3 404 726 (UV LEDs). The order summarised the key contested legal and factual issues (claim interpretation, PKB chip characteristics), fixed the case value at EUR 500,000 (rejecting the defendant's argument for EUR 250,000), and scheduled the oral hearing for 13 March 2025.
2025-01-29UPC_CFI_468/2023Paris LDApplication Rop 365SettledThe Paris Local Division confirmed the settlement between C-KORE and NOVAWELL pursuant to Rule 365 RoP. The infringement proceedings and the counterclaim for revocation were dismissed. The details of the settlement remain confidential. No order as to costs.
2025-01-10ACT_578697/2023Paris LDGeneric applicationCostsCosts onlyParis Local Division issued a costs decision in Hewlett-Packard Development Company LP v LAMA FRANCE (UPC_CFI_358/2023, infringement action concerning EP 2 089 230 and EP 1 737 669). Applying the prior decision of 13 November 2024 (50/50 cost split), the court rejected both parties' requests to raise the 50% ceiling on recoverable representation costs. Each party owes the other EUR 112,000 in representation costs and EUR 7,500 in court fees, resulting in a wash. No ceiling uplift was justified despite the complexity of the double-patent case.
2025-01-09UPC_CFI_583/2024Paris LDGeneric applicationProcedural onlyOrder by the President of the Court of First Instance granting XPENG et al.'s application to change the language of proceedings from German to English (the language in which the patent was granted) pursuant to Rule 323 RoP. ArcelorMittal required to provide English translations of the Statement of Claim at its own expense within 30 days.
2024-12-17ACT_549550/2023Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division issued a pre-trial conference order in Oerlikon v Himson's infringement and revocation proceedings for EP 2 145 848 B1, addressing pending issues including infringement evidence, damages, the Rule 119 penalty request, and setting the case value at EUR 2,000,000 for cost ceiling purposes.
2024-12-17UPC_CFI_240/2023Milan LDInfringement ActionProceduralProcedural onlyProcedural order (interim conference summary) of Milan Local Division in Oerlikon Textile v Himson Engineering (EP 2 145 848). The order summarises the procedural history (evidence preservation order, infringement and revocation counterclaim), the issues discussed at the interim conference (settlement proposals, claim construction, auxiliary requests) and confirms procedural arrangements for the oral hearing. Seven auxiliary requests remain before the court.
2024-11-25UPC_CFI_395/2023Paris LDGeneric applicationProceduralProcedural onlyProcedural order from the Paris Local Division dated 25 November 2024 on DexCom's application (under R. 334(e) and R. 336 RoP) requesting the court to allow post-hearing submissions regarding a Munich Regional Court decision of 6 November 2024 on EP 2 939 158 (parent patent of EP 3 831 282 in suit). The court had closed the oral hearing on 30 October 2024. DexCom argued the Munich decision finding infringement by Abbott of the parent patent's claim 1 was relevant. Abbott argued the application was inadmissible. The order addresses admissibility of supplemental submissions after closure of hearing under Chapter 8 RoP case management provisions.
2024-11-13UPC_CFI_358/2023Paris LDInfringement ActionInfringement meritsInfringedFinal decision on the merits (in French) in the infringement action by Hewlett-Packard Development Company LP against LAMA France concerning inkjet printer cartridge technology. The Paris Local Division found that LAMA France infringed the patent in suit (a fluid ejection device patent). The court ordered: (I) patent maintained as valid (invalidity counterclaim rejected); (II) injunction against infringing cartridges; (III) corrective measures including recall from distribution channels and destruction of infringing stock; (IV) disclosure of sales information for damages calculation; (V) costs split equally between parties (50/50); provisional damages on costs rejected. Infringement established without requiring prior notice of the patent to the defendant.
2024-11-04UPC_CFI_241/2023Milan LDInfringement ActionInfringement meritsPermanent injunctionDecision on the merits by the Milan Local Division (full panel) in an infringement action by Oerlikon Textile GmbH & Co KG against Bhagat Textile Engineers (India) concerning a texturing/structuring machine exhibited at ITMA 2023. The defendant did not contest infringement or validity. The court refused to stay proceedings pending parallel revocation proceedings against the same patent by a different defendant. The court granted a permanent injunction prohibiting sale and promotion of the infringing machine in Italy and Germany, imposed a penalty of EUR 12,000 per breach payable to the court, awarded provisional damages of EUR 15,000, set the case value at EUR 750,000, and ordered Bhagat to bear 80% of costs (with 20% offset for Oerlikon's behavior during settlement negotiations).
2024-11-04UPC_CFI_241/2023Milan LDInfringement ActionInfringement meritsInfringedMilan Local Division found that Bhagat Textile Engineers infringed EP 2 145 848 by exhibiting its texturing machine at ITMA fair in June 2023. The Court issued a permanent injunction against sales in Italy and Germany, imposed a penalty of EUR 12,000 per violation, and ordered provisional damages of EUR 15,000. Costs were 80% charged to Bhagat, 20% compensated between parties.
2024-09-17UPC_CFI_240/2023Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division refused Oerlikon's request to admit an eighth auxiliary request to amend EP 2 145 848 B1, finding that AR8 did not constitute an effective response to the new prior art relied upon and that it introduced an inadmissible intermediate generalisation contrary to Art. 84 EPC.
2024-09-17UPC_CFI_240/2023Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division refused Oerlikon's request to admit an eighth auxiliary request to amend EP 2 145 848 B1, finding that AR8 did not constitute an effective response to the new prior art relied upon and that it introduced an inadmissible intermediate generalisation contrary to Art. 84 EPC.
2024-07-26UPC_CFI_419/2023Paris LDGeneric OrderSettledDecision on the merits issued by the Paris Local Division approving and ratifying a settlement agreement concluded between CANÈ S.p.A. and France Développement Électronique on 20 June 2024. The defendant did not contest infringement or validity. The court approved the settlement, set the dispute value at EUR 390,000, reduced court fees to EUR 4,400 (60% of the fixed fee), and ordered reimbursement of EUR 9,100 in advance court fees. Certain exhibits were excluded from the proceedings.
2024-07-23UPC_CFI_240/2023Milan LDGeneric OrderProceduralProcedural onlyProcedural order of the Milan Local Division (in Italian) in Oerlikon Textile v Himson Engineering (EP 2 145 848) granting Oerlikon's application for a confidentiality order under R. 262A RoP over financial information provided in reply to a R. 158 RoP request. The court constituted a confidentiality club comprising only legal representatives of Himson (not the party itself), consistent with the financial sensitivity of the documents.
2024-07-04UPC_CFI_230/2023Paris LDGeneric OrderInfringement meritsRevokedDecision on the merits by Paris Local Division (4 July 2024). EP 3 435 866 B1 (analyte monitoring / continuous glucose monitoring system) was entirely revoked for lack of inventive step; auxiliary requests 1 and 2 were also invalid (added subject-matter). DexCom's infringement action was dismissed in full. DexCom was ordered to bear costs. The court addressed jurisdiction on the revocation counterclaim, the carve-out under Art. 83 UPCA, claim interpretation, novelty and inventiveness.
2024-06-06ACT_549585/2023Milan LDInfringement ActionProceduralProcedural onlyProcedural order in infringement proceedings by Oerlikon Textile GmbH & Co. KG against Bhagat Textile Engineers (Milan Local Division). The judge-rapporteur set the provisional value of the case at EUR 750,000 for purposes of recoverable costs ceiling. Access to expert report obtained via preservation-of-evidence order was granted to both parties. Deadlines were set for submission of additional documents and a case summary ahead of the oral hearing scheduled for 27 September 2024.
2024-05-14UPC_CFI_241/2023Milan LDGeneric OrderProceduralProcedural onlyProcedural order (in Italian) requiring parties to submit a summary of issues to be addressed at the forthcoming Interim Conference and to notify the court of attendees' names and capacities. The order also addressed the balance between the transparency principle and the right to protect confidential information, particularly regarding costs information in a case where a settlement may have been under discussion.
2024-05-06UPC_CFI_440/2023Paris LDGeneric OrderProceduralProcedural onlyOrder of the Paris Local Division (full panel) on several procedural applications filed by Photon Wave Co. Ltd. (intervener/third party supporter of defendant Laser Components SAS) and Seoul Viosys Co. Ltd. (claimant) in an infringement action concerning EP 3 404 726. The court: (1) held that Photon Wave had not filed its revocation brief within the deadline set for the party it supports, and rejected its application for extension of that deadline; (2) rejected Photon Wave's request to change the language of proceedings from French to another language, holding that neither the nationality of a party's representative nor of the intervener justifies a language change; (3) rejected Photon Wave's request for an autonomous revocation brief on the basis that an intervener cannot develop claims contrary to those of the party it supports; (4) rejected Seoul Viosys's request for postponement of its reply deadline.
2024-03-14UPC_CFI_440/2023Paris LDGeneric applicationProceduralProcedural onlyProcedural order (in French) granting Laser Components SAS an extension of the deadline for filing its Statement of Defence in the infringement action brought by Seoul Viosys. The extension was granted due to technical difficulties experienced by the third-party intervener (Photon Wave Co.) in the CMS system and the anticipated filing of a separate invalidity counterclaim requiring coordination.
2024-02-27UPC_CFI_440/2023Paris LDGeneric OrdermotionName.jurisdictionalProcedural onlyThe Paris Local Division refused the defendant Laser Components SAS's request to change the language of proceedings from French to English (the language in which the patent was granted) in Seoul Viosys Co., Ltd v Laser Components SAS. The Court applied R. 322 RoP and Art. 49.4 UPCA, finding that while the plaintiff is Korean and chose French, the defendant is a French company based in France, and neither the representative's nationality nor a forced intervenor's nationality constitutes sufficient grounds of convenience or equity to justify a language change. The request was therefore rejected.
2024-02-12UPC_CFI_425/2023Paris LDGeneric OrderProceduralProcedural onlyThe Paris Local Division issued a procedural order extending and aligning time limits for multiple defendants to file their statements of defence in the infringement action brought by Abbott Diabetes Care, following an oral agreement at a case management meeting on a reasonable date.
2024-02-12UPC_CFI_395/2023Paris LDGeneric OrderProceduralProcedural onlyProcedural order from the Paris Local Division granting an extension and alignment of deadlines for filing the Statement of Defence in an infringement action by DexCom against 14 Abbott group defendants. The parties had orally agreed on a filing date at a case management meeting, which the Judge-Rapporteur considered reasonable. The order also confirmed service completion details for each defendant.
2024-01-30UPC_CFI_230/2023Paris LDInfringement ActionProceduralProcedural onlyThe Paris Local Division panel, on review under Rule 333 RoP, partially upheld Abbott's application by increasing the upper limit of the penalty for breach of the confidentiality club from EUR 50,000 to EUR 250,000, to achieve consistency with a parallel confidentiality order issued by the Munich Local Division in related proceedings.
2024-01-24UPC_CFI_230/2023Paris LDInfringement ActionProceduralProcedural onlyThe Paris Local Division full panel issued a procedural order in the Dexcom v. Abbott infringement case, rejecting Abbott's request for leave to appeal the judge-rapporteur's confidentiality order of 19 December 2023, finding it was a case management order subject to Rule 333 RoP review rather than a directly appealable order.
2023-12-19UPC_CFI_230/2023Paris LDInfringement ActionProceduralProcedural onlyThe Paris Local Division issued a procedural order in an infringement action brought by DexCom against multiple Abbott entities, granting Abbott's request to protect certain highly sensitive sales and revenue information contained in Abbott's statement of defence from public access.
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