UPC Analytics
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Decisions

DateCaseDivisionActionMotionOutcomeSummary
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.
2026-02-17UPC_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.
2026-01-16UPC_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.
2025-12-09UPC_CFI_499/2024The Hague LDInfringement ActionProceduralProcedural onlyThe Hague Local Division issued a procedural order addressing the defendant's attempt to set aside the default judgment, ruling that the defendant had been sufficiently warned of the default consequence and that the prior R. 275 and R. 320 orders preclude a fresh challenge under R. 356 RoP.
2025-11-17UPC_CFI_858/2025Lisbon LDInfringement ActionProceduralProcedural onlyThe Lisbon Local Division (judge-rapporteur Rute Lopes) rejected Zentiva Portugal's preliminary objection challenging UPC jurisdiction over Boehringer Ingelheim's infringement action concerning EP 1 830 843 (nintedanib for treatment of idiopathic pulmonary fibrosis). The Court held that the action is an Art. 32(1)(a) UPCA infringement action based on an administrative notice (INFARMED No. 0689/2024) creating a threat of infringement, and UPC jurisdiction is properly established. Zentiva's additional argument (no demonstrated acts of manufacture etc.) was held to be a substantive merits defence outside the scope of R. 19 RoP.
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.
2025-10-21UPC_CFI_499/2024The Hague LDInfringement ActionInfringement meritsInfringedThe Hague Local Division issued a default judgment against the absent defendant finding infringement of Amycel's mushroom strain patent EP 1 993 350 (brown Agaricus bisporus), confirming the preliminary injunction, granting a permanent injunction, information orders, and an interim award of damages of EUR 50,000.
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.
2025-07-28ACT_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.
2025-07-21UPC_CFI_8/2023Nordic-Baltic RDApplication Rop 365SettledThe court confirmed a settlement agreement between Edwards Lifesciences Corporation and the Meril defendants (Meril Lifesciences PVT Limited, Meril GmbH, SMIS International OÜ, and Sormedica UAB) in the infringement action and related counterclaims for revocation concerning EP 2 628 464. Both the infringement action and counterclaims for revocation were settled and confirmed by decision. The court also ordered partial reimbursement of court fees.
2025-04-28UPC_CFI_319/2024Milan LDApplication RoP262AProcedural onlyOrder from the Milan Local Division dated 28 April 2025 on R. 262A RoP applications filed by ASUSTek Computer Inc., Arvato Netherlands B.V. and Digital River Ireland Ltd. in infringement proceedings (and related counterclaim for revocation) brought by Telefonaktiebolaget LM Ericsson regarding EP 3 076 673. The court ruled on access restrictions for the 'Asustek Confidential Documents', limiting access to specified representatives, one licensing/valuation expert, and one designated company representative, subject to strict confidentiality obligations.
2025-04-28UPC_CFI_318/2024Milan LDApplication RoP262AProcedural onlyThe Milan Local Division (Judge-Rapporteur) issued an order in the infringement action by Telefonaktiebolaget LM Ericsson against ASUSTek Computer, Arvato Netherlands and Digital River Ireland concerning EP 3 076 673. The defendants' applications under R. 262A and R. 262.2 RoP sought confidential treatment ('external eyes only') for certain Asustek documents in both the main action and the related counterclaim for revocation. The court ruled on the conditions for granting an 'external eyes only' regime, finding it available in cases of proven risk of conflict between the patent system and antitrust law.
2025-04-01UPC_CFI_499/2024The Hague LDInfringement ActionProceduralProcedural onlyThe Hague Local Division rejected the defendant's application for re-establishment of rights under R. 320 RoP after missing the deadline for filing a statement of defence, finding the representative had not exercised due care given the specific circumstances of the case.
2025-01-28UPC_CFI_355/2023Dusseldorf LDInfringement ActionRevokedDecision of the Düsseldorf Local Division dated 28 January 2025 in infringement action by FUJIFILM Corporation against Kodak entities regarding EP 3 594 009 B1 (printing plate technology). The court rejected Kodak's preliminary objection, then upheld the counterclaim for revocation, revoking EP 3 594 009 B1 in all Contracting Member States where it has effect, on grounds including added matter (Art. 123(2) EPC) and obviousness over prior art. FUJIFILM's application to amend the patent was dismissed. As a consequence, the infringement action was also dismissed. The court confirmed jurisdiction over the UK part of the patent despite the revocation counterclaim concerning the German part, applying long-arm jurisdiction principles. Costs were ordered against the claimant. Value in dispute: EUR 15,000,000 each for infringement action and counterclaim for revocation.
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.
2024-11-29UPC_CFI_355/2023Dusseldorf LDGeneric applicationProcedural onlyProcedural order rejecting and disregarding Defendants' (Kodak entities) further written submissions filed on 28 November 2024 because no reasoned request was made and no leave was granted by the judge-rapporteur for further submissions pursuant to Rule 36 RoP.
2024-11-29UPC_CFI_355/2023Dusseldorf LDGeneric applicationProcedural onlyProcedural order granting the Claimant's request for simultaneous interpretation from English to Japanese at the oral hearing scheduled for 17-18 December 2024, issued pursuant to Rule 109.1 RoP.
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.
2024-07-04UPC_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.
2024-02-12UPC_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.