UPC Analytics
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Decisions

DateCaseDivisionActionMotionOutcomeSummary
2026-01-13UPC_CFI_628/2024Munich LDInfringement ActionInfringement meritsNot infringedFinal decision on the merits in infringement action by Emboline, Inc. against AorticLab srl (EP 2 129 425, medical device). Court dismissed the infringement action finding the patent not infringed. The defendant's counterclaim for revocation was conditional (dependent on a finding of infringement), and since no infringement was found, no decision was made on the counterclaim. Both parties bear their own costs. Key headnotes: infringement not excluded by normal non-infringing operation if patent-compliant use remains possible; irregular use of a medical device in line with professional practice can constitute infringement; conditional counterclaim limited in scope (Rule 263.3 RoP).
2025-12-12UPC_CFI_525/2025Munich LDGeneric OrderCostsProcedural onlyOrder of the Munich Local Division granting a security for costs application (Rule 158 RoP) filed by OPPO, OnePlus, Realme and other defendants against ASUS Technology Licensing Inc. (a claimant incorporated in Taiwan) in an infringement action. The Court found that enforcing a cost decision in Taiwan would be at least unduly burdensome given the absence of international agreements or national Taiwanese laws guaranteeing enforcement of foreign judgments, and ordered security in connection with the infringement action (but not the as-yet unfiled counterclaim for revocation).
2025-12-12UPC_CFI_146/2024Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a rectification order under Rule 353 RoP correcting factual errors in a prior decision in the Sanofi v. Stada/Dr Reddy/Zentiva proceedings, including corrections regarding marketing authorisation holders and expert witness attribution.
2025-12-12UPC_CFI_146/2024Munich LDInfringement ActionInfringement meritsRevokedThe Munich Local Division found patent EP 2 493 466 (relating to cabazitaxel pharmaceutical formulations) invalid for lack of inventive step in infringement proceedings brought by Sanofi against STADA, Dr. Reddy's and Zentiva entities, dismissing the infringement claims.
2025-11-18UPC_CFI_804/2025Munich LDInfringement ActionProceduralProcedural onlyOrder of the President of the Court of First Instance granting TP-Link's application under R.323 RoP to change the language of proceedings from German to English. The court held that only one of the seven defendants is based in Germany, that the relevant technology field predominantly uses English, and that the need for internal coordination and technical support among defendants justified the change on grounds of fairness under Art.49(5) UPCA.
2025-10-17UPC_CFI_676/2025Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division granted the defendants' request to extend and align procedural deadlines (preliminary objection and statement of defence) for all Xiaomi defendants, to match the later statutory deadlines applicable to the Chinese defendants who accepted service voluntarily.
2025-10-10UPC_CFI_303/2024Munich LDInfringement ActionInfringement meritsRevokedThe Munich Local Division revoked Motorola Mobility LLC's EP 3 972 309 (telecommunications patent) in full after finding added matter beyond the parent application, and dismissed the infringement action against ASUSTek, ASUS Computer GmbH and ASUSTEK (UK); costs borne by claimant Motorola.
2025-10-10UPC_CFI_114/2024Munich LDInfringement ActionInfringement meritsPartially revokedThe Munich Local Division dismissed Heraeus Electronics' infringement action against Vibrantz GmbH concerning EP 3 215 288 (metal sintering preparation) and partially allowed the counterclaim for revocation, with the patent maintained in amended form for certain claims; costs split 60% claimant / 40% defendant.
2025-09-15ACT_16116/2024Munich LDInfringement ActionProceduralProcedural onlyProcedural scheduling order by Munich Local Division (UPC_CFI_145-148/2024, 15 September 2025) summoning party experts to oral hearing on 14-17 October 2025 in four consolidated infringement proceedings by Sanofi entities against Accord Healthcare, STADA, Reddy Pharma/betapharm and Zentiva groups concerning EP 2 493 466.
2025-09-15ACT_16120/2024Munich LDInfringement ActionProceduralProcedural onlyMunich Local Division order (judge-rapporteur Zigann) following the second interim conference in consolidated infringement proceedings by Sanofi entities against Zentiva, STADA, Dr. Reddy's and Accord Healthcare groups concerning EP 2 493 466 (insulin glargine). The order confirms the oral hearing dates (14-17 October 2025), orders all four counterclaims to be heard together with separate handling of each infringement action, and gives organisational directions for the hearing.
2025-09-15ACT_16112/2024Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a post-interim-conference procedural order in consolidated infringement actions by Sanofi (and successor entities) against multiple generic companies (Accord, STADA, Dr Reddy's, Zentiva) relating to EP 2 493 466 (UPC_CFI_145–503/2024 group). The order confirmed oral hearing dates (14–17 October 2025) and directed that the four counterclaims for revocation be heard together while each infringement action is heard separately.
2025-09-01UPC_CFI_848/2024Munich LDGeneric applicationProcedural onlyProcedural order from Munich Local Division dated 1 September 2025 granting KNAPP Smart Solutions GmbH's application for a 6-day extension of the deadline for its reply to the defence and the response to the counterclaim for revocation (including any patent amendment application) to 9 September 2025. The extension was justified by mutual vacation absences among involved persons and consented to by the defendant Becton Dickinson Rowa Germany GmbH. The order notes that irregularities in the CMS upload dates caused uncertainty about the exact deadline.
2025-08-01UPC_CFI_54/2024Munich LDInfringement ActionRevokedMunich Local Division found that European Patent 2 391 947 (Headwater, relating to Android device network management) is invalid in all forms including as amended. The panel cancelled the second oral hearing planned for September 2025, indicating the patent was found invalid both as granted and in all amended forms proposed by Headwater. The infringement action was therefore dismissed.
2025-07-29ACT_7567/2025Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a scheduling order in the Jinko Solar v. LONGi solar patent infringement proceedings, setting dates for the interim conference (February 2026) and oral hearing (May 2026), and indicating that both infringement and validity would be handled by the Local Division.
2025-07-28UPC_CFI_492/2025Munich LDGeneric applicationProcedural onlyThe Munich Local Division issued a procedural order granting Roborock Germany GmbH (and co-defendants Beijing Roborock Technology Co., Ltd. and Roborock International B.V.) an extension of time for filing their preliminary objection, Statement of Defence and counterclaim for revocation in the infringement action brought by Papst Licensing GmbH & Co. KG concerning EP 3 030 943. The extension was agreed by the claimant and was justified by case complexity and the need to align deadlines across all defendants.
2025-07-17UPC_CFI_145/2024Munich LDGeneric OrderProcedural onlyProcedural order of the Munich Local Division (presiding judge Zigann) following the interim conference of 17 July 2025 in four consolidated pharmaceutical patent infringement actions by Sanofi and related entities against generics companies (Accord Healthcare, STADA, Dr. Reddy's, Zentiva) concerning EP 2 493 466. Points addressed: EPO Board of Appeal had upheld the patent but had not yet published its written reasoned decision; French parallel first-instance decisions invalidating the French designation were under appeal; defendants wished to comment on EPO BoA written reasons within three weeks of availability. No substantive infringement ruling.
2025-07-15UPC_CFI_302/2024Munich LDHearingProcedural onlyProcedural order scheduling an additional interim hearing on the topic of FRAND licensing on 21 July 2025, to be held in person in English, in camera (non-public), in the parallel case UPC_CFI_302/2024 and UPC_CFI_667/2024 (Lenovo v. ASUSTek).
2025-06-06UPC_CFI_324/2024Munich LDInfringement ActionPatent amendedInfringement action by Tiroler Rohre GmbH (Austria) against SSAB Swedish Steel GmbH and SSAB Europe Oy concerning a driving pile tip device (Rammspitze) and EP 2 839 083 B9. The court found infringement of the patent as amended. It ordered: injunction, recall and destruction of infringing pile tips and moulds, disclosure of information, publication of decision in four trade journals. The invalidity counterclaim against the patent as originally granted was upheld in part (patent amended). Key headnotes: burden of proof for impossibility of infringement lies with defendant; infringement exists even if patented function only occasionally achieved.
2025-06-02ACT_13227/2024Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division judge-rapporteur issued an interim conference order (R. 105.5 RoP) in the infringement action by Heraeus against Vibrantz concerning EP 3 215 288. The order recorded directions from the videoconference of 28 May 2025, including guidance on admissibility of the counterclaim for revocation in Germany, limitation of late-filed arguments, and consolidation of claim requests.
2025-06-02ACT_1613/2025Munich LDInfringement ActionProceduralProcedural onlyScheduling order by Munich Local Division (UPC_CFI_18/2025 and UPC_CFI_439/2025, 2 June 2025) setting dates for interim conference (9 January 2026, videoconference) and oral hearing (18 March 2026, Munich) in BioMarin's infringement action against Ascendis Pharma, with counterclaim for revocation. Both proceedings will proceed together; a technically qualified judge will be appointed.
2025-05-15ACT_65882/2024Munich LDInfringement ActionProceduralProcedural onlyMunich Local Division scheduling order in Belparts Group N.V.'s infringement action against IMI Hydronic entities concerning EP 3 812 870. The court decided to proceed with both the infringement action and the counterclaim for revocation (not to bifurcate), and set the interim videoconference for 24 March 2026 and the oral hearing for 18 June 2026. The scheduling takes into account a pending EPO Board of Appeal hearing on 27 November 2025 and a possible Central Division hearing.
2025-05-08UPC_CFI_145/2024Munich LDGeneric OrderProcedural onlyProcedural order in consolidated Sanofi v. Accord Healthcare / Dr Reddy's / betapharm infringement proceedings at Munich Local Division. The judge-rapporteur declined to dispose of the case summarily and determined it would be more efficient to await the outcome of pending EPO Board of Appeal proceedings concerning the patent before deciding difficult substantive issues at an oral hearing.
2025-05-08UPC_CFI_145/2024Munich LDGeneric OrderProcedural onlyProcedural order from Munich Local Division dated 8 May 2025 (unredacted version) in the consolidated infringement proceedings of Sanofi against Accord Healthcare, Stada, Dr. Reddy's and Zentiva regarding EP 2 493 466. The order sets the timetable for further proceedings, confirms the interim conferences (including one focused on EPO BoA appeal outcome on 17 July 2025), and sets the main interim conference for 12 September 2025 and oral hearing dates for 14–17 October 2025. The order also addresses outstanding procedural issues including Zentiva's request to strike Malta from the revocation request, and provides guidance on the panel's preliminary views on damages calculation and infringement.
2025-04-04UPC_CFI_501/2023Munich LDInfringement ActionInfringedInfringement action by Edwards Lifesciences Corporation against Meril GmbH, Meril Life Sciences Pvt Ltd, and Meril Italy S.r.l. concerning transcatheter heart valve (Myval THV) and EP 3 669 828. The court found infringement, dismissed the invalidity counterclaim (patent valid), and ordered: injunction, recall, seizure and destruction, disclosure of sales data, provisional damages of EUR 663,000, publication of decision in five media outlets. Decision immediately and directly enforceable from date of service. Key headnotes: jurisdiction for multiple defendants with commercial relationship; problem-solution approach for inventive step; cease-and-desist without penalty clause insufficient.
2025-03-18ACT_59975/2024Munich LDInfringement ActionProceduralProcedural onlyProcedural scheduling order in Adeia Guides Inc. v. The Walt Disney Company (Benelux) B.V. et al. at Munich Local Division (EP 2 793 430). The panel decided to hear both infringement and counterclaim for revocation jointly. Interim conference set for 4 December 2025; oral hearing scheduled for 15 January 2026. Parties summoned. Written procedure to end 10 September 2025.
2025-03-13UPC_CFI_665/2024Munich LDGeneric OrderProceduralProcedural onlyThe Munich Local Division issued a scheduling order in the Adeia Guides v Walt Disney Company patent infringement proceedings (EP 2 793 430), setting dates for interim conference and oral hearing, and proceeding with both infringement action and counterclaim for revocation.
2025-03-03UPC_CFI_54/2024Munich LDInfringement ActionProcedural onlyProcedural order issued by the Munich Local Division following the Interim Conference of 28 February 2025 in two consolidated infringement actions by Headwater Research LLC against Samsung. The order addressed procedural matters including inadmissibility of Samsung's invalidity attack under Art. 138(1)(e) EPC, the standing-to-sue issue, treatment of a witness statement, and admissibility of late-filed documents ZP8-ZP9. No substantive ruling on infringement or validity.
2025-02-19UPC_CFI_322/2024Munich LDApplication Rop 265SettledThe Munich Local Division declared both the infringement action (by Dyson Technology Limited against SharkNinja Europe Limited and SharkNinja Germany GmbH concerning EP 2 043 492) and the defendants' counterclaim for revocation closed, following an out-of-court settlement. Dyson withdrew the infringement claim and SharkNinja withdrew the revocation counterclaim, both waiving their respective claims. Each party was ordered to receive 60% reimbursement of the relevant court fees.
2025-02-12ACT_53813/2024Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a procedural scheduling order in Syngenta Limited v Sumi Agro Europe Limited and Sumi Agro Limited (UPC_CFI_566/2024, EP 2 152 073), setting the interim conference for 6 October 2025 and the oral hearing for 10 December 2025. The Court also requested the assignment of a technically qualified judge and invited Syngenta to submit observations on case management.
2025-02-05ACT_597277/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a scheduling order summoning the parties to the oral hearing on 11 February 2025 in the infringement action (with counterclaim for revocation) brought by Edwards Lifesciences against Meril entities concerning EP 3 669 828.
2025-01-27UPC_CFI_302/2024Munich LDInfringement ActionProcedural onlyProcedural order from the Munich Local Division dated 27 January 2025 issued by the judge-rapporteur setting the timetable for infringement proceedings brought by Lenovo (Singapore) against ASUSTek Computer Inc. and related entities regarding EP 3 682 587. The order schedules an interim conference via videoconference on 25 September 2025 and an oral hearing in person in Munich on 19 November 2025.
2025-01-27UPC_CFI_244/2024Munich LDGeneric OrderProcedural onlyThe Munich Local Division ordered a small company (claimant in infringement proceedings, Snowpixie Co., Ltd.) to provide security for costs under Rule 158 RoP based on its operating losses and insufficient assets. The court reduced the security amount to reflect equity principles ensuring effective access to justice. The court also denied legal aid (Prozesskostenhilfe) to the claimant, finding it had sufficient resources given it was supported by a litigation funder.
2025-01-27UPC_CFI_244/2024Munich LDGeneric OrderProcedural onlyProcedural order requiring SnowPixie Co., Ltd. (defendant/applicant) to provide security for costs pursuant to Rule 158 RoP, in an amount below the EUR 260,000 demanded by the opposing party (claimant), taking into account SnowPixie's status as a small enterprise and equity considerations. The application for legal aid (Prozesskostenhilfe) was rejected.
2025-01-27UPC_CFI_52/2023Munich LDApplication RoP262.1 (b)ProceduralProcedural onlyProcedural order (in German) granting patent attorney Christian Läufer of Fuchs Patentanwälte access to the written submissions and exhibits of the counterclaim for revocation proceedings (CC_581177/2023) in the case of Avago Technologies v Tesla, for professional/educational purposes. Neither party opposed. Access limited to the revocation counterclaim workflow.
2025-01-24ACT_13227/2024Munich LDInfringement ActionProceduralProcedural onlyProcedural order from the Munich Local Division (UPC_CFI_114/2024 and UPC_CFI_448/2024) rescheduling the interim conference between Heraeus Electronics and Vibrantz concerning EP 3 215 288 from 23 May 2025 to 28 May 2025 due to a scheduling conflict, while confirming the oral hearing date of 1 July 2025.
2025-01-14UPC_CFI_145/2024Munich LDApplication RoP262AProcedural onlyProcedural order from Munich Local Division dated 14 January 2025 regarding R. 262A RoP confidentiality applications filed by defendants (Accord Healthcare, Stada, Dr. Reddy's, Zentiva) in Sanofi's infringement actions concerning EP 2 493 466. The order defines which representative and company personnel on each defendant's side are permitted access to unredacted versions of confidential documents produced in the proceedings.
2025-01-13UPC_CFI_298/2023Munich LDApplication Rop 333Procedural onlyMunich Local Division issued a revised order modifying a previous case management order (of 14 October 2024) to require claimant Harvard College to submit its auxiliary requests (in the application to amend the patent) within 20 days after the decision of the EPO Opposition Division, rather than at a fixed date, in light of a pending EPO opposition with oral proceedings scheduled.
2025-01-10UPC_CFI_168/2024Munich LDApplication Rop 265WithdrawnInfringement action and counterclaim for revocation (including patent amendment applications) were both withdrawn by mutual agreement of the parties pursuant to Rule 265 RoP. Both parties bear their own costs. 40% of court fees refunded to each party. Oral hearing dates cancelled.
2024-12-30UPC_CFI_168/2024Munich LDGeneric OrderProcedural onlyMunich Local Division issued a procedural order requesting the President of the Court of First Instance to reassign a new technically qualified judge to the panel, following the resignation of the previously assigned technically qualified judge Patrice Vidon.
2024-12-20ACT_597277/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a procedural order following the interim conference in the Edwards Lifesciences v. Meril infringement action, setting out preparation requirements for the oral hearing and granting leave to change the claim to include Romania following its accession to the Unitary Patent system.
2024-12-18ACT_459771/2023Munich LDInfringement ActionInfringement meritsPermanent injunctionThe Munich Local Division issued a landmark 161-page judgment in Huawei v Netgear finding infringement of Huawei's SEP portfolio patents and granting injunction, recall and destruction orders against Netgear entities across Belgium, Germany, Italy, Finland, France and Sweden, alongside a declaration of liability for damages; counterclaims for revocation were partially successful but did not defeat infringement for all claims.
2024-12-18ACT_459771/2023Munich LDInfringement ActionInfringement meritsPermanent injunctionThe Munich Local Division issued a landmark 161-page judgment in Huawei v Netgear finding infringement of Huawei's SEP portfolio patents and granting injunction, recall and destruction orders against Netgear entities across Belgium, Germany, Italy, Finland, France and Sweden, alongside a declaration of liability for damages; counterclaims for revocation were partially successful but did not defeat infringement for all claims.
2024-12-18UPC_CFI_390/2023Munich LDGeneric applicationCosts onlyOrder imposing penalty payments of EUR 46,000 against Belkin companies for non-compliance with the court's disclosure order (accounting for infringement) in Philips v Belkin. The penalty ran at EUR 500/day for 26 days. Remaining requests by Philips were rejected. Philips bears 25% of costs; Belkin bears 75%.
2024-12-02UPC_CFI_114/2024Munich LDApplication Rop 333ProceduralProcedural onlyProcedural order (in German) addressing multiple applications in the infringement action by Heraeus Electronics against Vibrantz GmbH (EP 3 215 288, metal sintering preparation). The panel reviewed: (1) rejection of amendment to include indirect infringement of process claim; (2) amendment to include Romania; (3) Vibrantz's application to expand invalidity counterclaim to Romania; (4) replacement of counter-defendant in revocation counterclaim; and (5) various other claimant applications.
2024-11-15ACT_459987/2023Munich LDInfringement ActionInfringement meritsInfringedMunich Local Division full merits decision finding that Meril Life Sciences Pvt Ltd and Meril GmbH infringed Edwards Lifesciences Corporation's patent EP 3 646 825 (a heart valve technology patent). The court ordered a permanent injunction to cease and desist from the infringing acts (transcatheter heart valve products) across all UPC contracting states where the patent has effect, recall of infringing products from commercial channels (excluding devices already scheduled for patient implantation by 15 November 2024), destruction of infringing stock, disclosure of information about distribution and quantities, publication of the decision, and an obligation to pay damages (quantum to be determined separately). The defendant's counterclaim for revocation was dismissed, the patent being upheld as valid. Costs were addressed separately.
2024-10-02UPC_CFI_54/2024Munich LDGeneric applicationProcedural onlyProcedural order on Samsung Electronics entities' application for security for costs (Rule 158 RoP) against Claimant Headwater Research LLC, a US-based patent assertion entity. Applying the CoA standard that the claimant's financial position must give rise to legitimate and real concern about recoverability of a potential cost order, the court assessed whether EUR 200,000 security was appropriate.
2024-09-13ACT_583273/2023Munich LDInfringement ActionInfringement meritsInfringedMunich Local Division found Belkin GmbH, Belkin International Inc., and Belkin Limited liable for infringement of Philips' EP 2 867 997 B1 (wireless power transfer technology) and dismissed the counterclaims for revocation. An injunction was granted against Belkin's infringing acts outside Germany (German acts excluded due to opt-out/national proceedings). Defendants were ordered to provide information, recall products, pay EUR 119,000 interim damages, and cover approximately 5/6 of costs. The revocation counterclaims were dismissed. (German territorial acts were carved out from the injunction as a separate matter.)
2024-09-06ACT_459987/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division judge-rapporteur issued a procedural order in Edwards Lifesciences v. Meril concerning EP 3 646 825, addressing defendants' arguments that the Central Division Paris first-instance decision on the patent amendment application had failed to consider key invalidity arguments. The judge-rapporteur referred the matter to the full panel, noting that the appeal proceedings before the Court of Appeal would address the alleged deficiencies in the Paris decision.
2024-08-30UPC_CFI_52/2023Munich LDInfringement ActionInfringement meritsNot infringedThe Munich Local Division found EP 1 838 002 B1 invalid (revoked for the territory of Germany) on the counterclaims for revocation filed by Tesla, finding the patent anticipated by prior art D3. The patent amendment requests were dismissed. The infringement action was dismissed as the patent lacks validity. Avago (claimant) bears all costs.
2024-07-31ACT_547520/2023Munich LDInfringement ActionInfringement meritsRevokedMunich Local Division revoked DexCom's patent EP 3 350 592 (CGM system) in its entirety on Abbott's counterclaim for revocation, and dismissed all of DexCom's infringement claims. The patent was found invalid as granted and in its auxiliary request forms (1 and 2) for lack of novelty/inventive step. DexCom was ordered to bear all costs of the proceedings.
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