UPC Analytics
ENDE

Decisions

DateCaseDivisionActionMotionOutcomeSummary
2026-02-19UPC_CFI_26/2025Vienna LDInfringement ActionInfringement meritsNot infringedThe Vienna Local Division dismissed both Messerle GmbH's infringement action and Sabert Corporation Europe's counterclaim for revocation concerning EP 3 705 415 B1 (a packaging-related patent). The infringement action was dismissed because the accused 'Tray2Go' product did not directly or equivalently infringe the patent claims — the Court found no technical-functional equivalence of the substitute means used in the accused product. The counterclaim for revocation was also dismissed, so the patent was maintained as granted. Each party bears its own costs (maximum EUR 600,000 total, split evenly between action and counterclaim).
2025-10-15UPC_CFI_115/2025Dusseldorf LDGeneric OrderRevocation meritsPartially revokedThe Düsseldorf Local Division found that the infringement action failed (patent not infringed) while partially upholding the defendants' counterclaim for revocation: the patent EP 2 755 901 B1 (egg packaging) was revoked in part, with the counterclaim otherwise dismissed. Priority, inventive step, and equivalence were the key issues.
2025-07-30UPC_CFI_208/2024Munich LDApplication RoP262.1 (b)Procedural onlyProcedural order (in German) granting Renault SAS (a third party allegedly threatened with infringement of EP 1 770 912 B1 by Avago Technologies) access to the case file and register under Rule 262.1(b) RoP for the completed proceedings, which were terminated by withdrawal of both the infringement action and counterclaim for revocation. The court confirmed that third-party access may be granted to closed proceedings.
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.
2025-06-06UPC_CFI_471/2023Mannheim LDInfringement ActionNot infringedThe Mannheim Local Division ruled on the infringement action and revocation counterclaim regarding EP 2 479 680 (adaptive bitrate HTTP streaming). The infringement claim was dismissed as the defendants' systems did not literally or equivalently infringe the patent. The revocation counterclaim was dismissed; the patent was maintained in amended form under Auxiliary Request 12. Infringement costs were borne by the claimants; revocation counterclaim costs were borne by the defendants. Each party bore its own representation costs. The dispute value was set at EUR 20,000,000.
2025-04-23UPC_CFI_471/2023Mannheim LDInfringement ActionProcedural onlyPre-trial procedural order from the Mannheim Local Division in an infringement action concerning EP 2 479 680 (adaptive bitrate streaming), confirming the oral hearing date and identifying key contested issues, including claim construction of the HTTP streaming method claims, direct and equivalent infringement, and the defendant's invalidity counterclaim. The order is preparatory and contains no substantive ruling.
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.
2025-01-16UPC_CFI_33/2024Vienna LDInfringement ActionInfringement meritsInfringedVienna Local Division found that Strabag Infrastructure & Safety Solutions GmbH infringed SWARCO FUTURIT's European Patent EP 2 643 717. The Court granted an injunction, recall of infringing products from distribution channels, provision of information and destruction of infringing products. Damages were referred to a separate assessment procedure. A validity defence was not considered as no counterclaim for revocation was filed. SWARCO's request to publish the judgment was rejected; Strabag and the intervener were ordered to bear costs.
2025-01-14ACT_2379/2024Dusseldorf LDInfringement ActionInfringement meritsInfringedFinal decision in infringement action (with counterclaim for revocation) concerning an avalanche transceiver patent. The Düsseldorf Local Division found direct and indirect infringement by the Mammut defendants, granted an injunction, ordered recall and removal from distribution channels, ordered provision of accounts, and declared liability for damages (with EUR 3,000 preliminary damages awarded). The counterclaim for revocation was dismissed. Costs were split: claimant to bear 80%, each defendant 10% of infringement action costs; defendants to bear costs of revocation counterclaim.
2024-10-20UPC_CFI_471/2023Mannheim LDGeneric applicationProcedural onlyProcedural order on a request for disclosure of information about the configuration and coding scheme of video files (Rule 191 RoP). The court declined to order disclosure at this stage due to the uncertain validity of the patent, finding it would be disproportionate to require defendants to provide the requested technical information before validity is established.
2024-08-26UPC_CFI_54/2023Hamburg LDInfringement ActionInfringement meritsNot infringedThe Hamburg Local Division dismissed Avago's infringement claim against Tesla for EP 1 612 910 B1 (power management system) as no infringement of any claim could be established, and on Tesla's counterclaim partially revoked the patent, maintaining only claim 1 in the form of auxiliary request 1 with claim 3 deleted.
2023-12-05UPC_CFI_54/2023Hamburg LDInfringement ActionProceduralProcedural onlyThe Hamburg Local Division issued a further procedural order setting deadlines for Avago Technologies to file its reply and response to the invalidity counterclaim, after additional submissions regarding the start date of the reply deadline, in the infringement action against Tesla Germany GmbH and Tesla Manufacturing Brandenburg SE.
2023-11-28UPC_CFI_54/2023Hamburg LDInfringement ActionProceduralProcedural onlyThe Hamburg Local Division issued a procedural order setting the deadline for Avago Technologies to file its reply to the statement of defence and its response to the invalidity counterclaim, taking into account the delayed receipt of the confidential defence version and aligning the two deadlines.
2023-11-03UPC_CFI_54/2023Hamburg LDInfringement ActionProceduralProcedural onlyThe Hamburg Local Division issued a final confidentiality order under Rule 262A RoP in Avago v. Tesla, defining the scope of protection for trade secrets and the category of persons permitted to access confidential information.
2023-10-04UPC_CFI_54/2023Hamburg LDInfringement ActionProceduralProcedural onlyThe Hamburg Local Division issued a provisional order restricting access to confidential information under Rule 262A RoP to the parties' legal representatives only, pending a final decision on the confidentiality application, in an infringement action by Avago Technologies against Tesla entities concerning EP 1 612 910.
2023-08-22UPC_CFI_54/2023Hamburg LDInfringement ActionProceduralProcedural onlyThe Hamburg Local Division addressed Tesla's request for a deadline extension to file its defence in Avago Technologies' infringement action, in circumstances where key personnel were on holiday and supplier coordination was required.