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).
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.
2025-12-04UPC_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.
2025-10-20UPC_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.
2025-08-26UPC_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.
2025-07-28ACT_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.
2025-07-10ACT_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.
2025-05-23UPC_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.
2025-01-17UPC_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.
2024-09-17ACT_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.
2024-05-01UPC_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.
2024-03-04UPC_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.
2024-03-04UPC_CFI_239/2023The Hague LDApplication RoP262AProceduralProcedural 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.
2024-02-15UPC_CFI_239/2023The Hague LDGeneric OrderProceduralProcedural onlyThe Hague Local Division decided to hear both the infringement action and the counterclaim for revocation jointly (Art. 33(3)(a) UPCA), as both parties agreed and joint hearing was considered expedient for uniform interpretation.
2024-02-02UPC_CFI_14/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued an order pursuant to Art. 33(3)(b) UPCA, granting all parties' unanimous request to refer the counterclaim for revocation to the Central Division, while deciding to proceed with the infringement proceedings at the Local Division and reserving the possibility to stay the infringement action pending the revocation outcome.
2024-01-17UPC_CFI_239/2023The Hague LDProcedural OrderProceduralProcedural onlyThe Hague Local Division issued a procedural order clarifying the deadline for Plant-e to file its defence to the counterclaim for revocation and setting provisional dates for the interim conference and oral hearing, while also inviting parties to comment on the application of Art. 33(3) UPCA regarding bifurcation.
2024-01-02UPC_CFI_14/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a procedural order in the Amgen v. Sanofi/Regeneron infringement proceedings, setting provisional dates for the interim conference and oral hearing and granting the defendants a short time extension for filing their statement of defence until 8 January 2024.
2024-01-02UPC_CFI_14/2023Munich LDInfringement ActionProceduralProcedural onlyDuplicate version of the 2 January 2024 Munich Local Division procedural order in Amgen v. Sanofi/Regeneron, setting provisional hearing dates and granting defendants a brief time extension for the statement of defence.
2024-01-02UPC_CFI_14/2023Munich LDInfringement ActionProceduralProcedural onlyThird version of the 2 January 2024 Munich Local Division procedural order in Amgen v. Sanofi/Regeneron, setting provisional hearing dates and granting defendants a brief time extension for the statement of defence.
2023-11-03UPC_CFI_14/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued an order regarding a change of language of proceedings from German to English in the infringement action by Amgen against Sanofi and Regeneron entities concerning EP 3 666 797.
2023-10-20UPC_CFI_214/2023Helsinki LDPreliminary objectionmotionName.jurisdictionalProcedural onlyThe Helsinki Local Division issued an order in a preliminary objection proceeding in an infringement action by AIM Sport Vision AG against Supponor entities; the decision text is largely redacted or not available in the excerpt.
2023-10-18UPC_CFI_239/2023The Hague LDInfringement ActionProceduralProcedural onlyThe President of the Court of First Instance issued an order pursuant to Rule 323 RoP on the language of proceedings, in an infringement action by Plant-e Knowledge B.V. and Plant-e B.V. against Arkyne Technologies S.L., concerning EP 2 137 782 relating to a device for converting light energy into electrical energy.
2023-08-29UPC_CFI_14/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division addressed pleading deadlines in Amgen v. Sanofi/Regeneron, ruling that a claim can be validly filed and served without exhibits (with later filing announced), and that the hearing right for late exhibits can be safeguarded by adjusting the timetable.
2023-08-17UPC_CFI_14/2023Munich LDGeneric OrderProceduralProcedural onlyThe Munich Local Division issued a further case management order establishing that different procedural requests must be lodged in separate workflows for clarity, and addressed the parties' multiple procedural motions concerning deadlines, service dates, and consolidation with the revocation action.
2023-08-17UPC_CFI_14/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a procedural order requiring different applications to be submitted through separate CMS workflows, and addressed the question of whether the counterclaim for revocation should be joined with the infringement action.
2023-08-16UPC_CFI_14/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a case management order addressing the parties' requests regarding service dates, deadline alignment for Regeneron, and the proposed consolidation of the infringement action with a revocation action filed before the Central Division, scheduling further procedural steps.
2023-08-03UPC_CFI_239/2023The Hague LDInfringement ActionProceduralProcedural onlyThe Hague Local Division granted Plant-e's request under R. 13(q) / R. 7.1 RoP that English-language exhibits need not be translated into Dutch, as the defendant had no apparent interest in requiring Dutch translations.
2023-07-28UPC_CFI_14/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division withdrew the preliminary separation order for Regeneron Pharmaceuticals after Amgen withdrew its separation request following successful service on Regeneron via email, and declared the earlier provisional order moot.
2023-07-17UPC_CFI_14/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a preliminary order in Amgen's SEP infringement action against Sanofi, addressing service of claim on Regeneron Pharmaceuticals and proposing separation of that defendant's proceedings to avoid delay, pending hearing of the served parties.