| 2024-12-02 | UPC_CFI_114/2024 | Munich LD | Application Rop 333 | Procedural | Procedural only | Procedural 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. |
| 2024-11-29 | UPC_CFI_355/2023 | Dusseldorf LD | Generic application | — | Procedural only | Procedural 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. |
| 2024-11-29 | UPC_CFI_355/2023 | Dusseldorf LD | Generic application | — | Procedural only | Procedural 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. |
| 2024-11-26 | ACT_592899/2023 | Paris LD | Infringement Action | Procedural | Procedural only | The Paris Local Division issued a procedural order following the interim conference in C-KORE Systems Limited v Novawell (UPC_CFI_468/2023, EP 2 265 793). The order resolves several procedural disputes: (1) declined to reject exhibit 57 of C-KORE's unredacted statement; (2) ruled on witness requests from Novawell; (3) addressed interpretation and language requests; and (4) confirmed the regularity of previously conducted saisie (seizure) operations, noting that the court-appointed expert was appropriately independent. |
| 2024-11-25 | UPC_CFI_395/2023 | Paris LD | Generic application | Procedural | Procedural only | Procedural 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. |
| 2024-11-22 | ACT_549536/2023 | The Hague LD | Infringement Action | Infringement merits | Infringed | The Hague Local Division found Arkyne Technologies (Bioo) infringed Plant-e's EP 2 137 782 B1 by equivalence (bioelectrical energy from plant photosynthesis), granted an injunction, ordered recall and destruction of infringing products, and required a customer notice. |
| 2024-11-22 | ACT_545551/2023 | Mannheim LD | Infringement Action | Infringement merits | Infringed | The Mannheim Local Division found that Guangdong OPPO and OROPE Germany infringed Panasonic's EP 2 568 724 (radio communication patent), granted injunction, recall and other relief, while dismissing the invalidity counterclaim and the FRAND counterclaim. |
| 2024-11-22 | UPC_CFI_239/2023 | The Hague LD | Counterclaim for revocation | Revocation merits | Infringed | The 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. |
| 2024-11-15 | ACT_459987/2023 | Munich LD | Infringement Action | Infringement merits | Infringed | Munich 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. |
| 2024-11-13 | UPC_CFI_358/2023 | Paris LD | Infringement Action | Infringement merits | Infringed | Final 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. |
| 2024-11-04 | UPC_CFI_241/2023 | Milan LD | Infringement Action | Infringement merits | Permanent injunction | Decision 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). |
| 2024-11-04 | UPC_CFI_241/2023 | Milan LD | Infringement Action | Infringement merits | Infringed | Milan 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. |
| 2024-10-31 | ACT_580849/2023 | Dusseldorf LD | Infringement Action | Infringement merits | Permanent injunction | The Düsseldorf Local Division found that SodaStream's patent EP 1 793 917 was infringed by Aarke AB and issued an injunction along with ancillary relief. The defendant was ordered to bear the full costs of the litigation; the value in dispute was set at EUR 3,000,000. |
| 2024-10-29 | ACT_953/2024 | Nordic-Baltic RD | Infringement Action | Procedural | Procedural only | The Nordic-Baltic Regional Division issued a post-interim-conference order in infringement proceedings, setting the value of the action at EUR 500,000, closing the written procedure, partially referring a preliminary objection issue to main proceedings, and allowing certain expert evidence previously contested by the defendant. |
| 2024-10-20 | UPC_CFI_471/2023 | Mannheim LD | Generic application | — | Procedural only | Procedural 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. |
| 2024-10-14 | UPC_CFI_327/2024 | The Hague LD | Procedural Order | — | Procedural only | Order from The Hague Local Division dated 14 October 2024 partially granting Winnow Solutions Limited's request to produce evidence under R. 190 RoP in its infringement action against Orbisk B.V. The court found a prima facie case of infringement of EP 3 198 245 B1 and ordered Orbisk to produce certain documents, but limited the scope as the original request was too broad. Non-infringement and invalidity arguments were reserved for full panel evaluation. Orbisk was granted a period to file a R. 262A motion and access to the produced documents was restricted to Winnow's legal representatives. |
| 2024-10-11 | UPC_CFI_193/2024 | Munich LD | Generic Order | — | Infringed | Default judgment granted against ARCORA International GmbH for infringement of EP 3 760 094 B1 (floor cleaning device patent). ARCORA was ordered to cease and desist from offering and placing the infringing product on the market, and to provide accounting information. Partial withdrawal of claims permitted. ARCORA bears 90% of costs, i-mop 10%. |
| 2024-10-10 | ACT_579244/2023 | Dusseldorf LD | Infringement Action | Infringement merits | Infringed | The Local Division Düsseldorf found that expert klein GmbH and expert e-Commerce GmbH directly infringed EP 3 926 698 B1 (relating to lighting technology) owned by Seoul Viosys, dismissed the revocation counterclaim filed only by one defendant, and ordered the defendants to cease, render accounts, and pay damages, without requiring security for enforcement. |
| 2024-10-10 | UPC_CFI_483/2023 | Dusseldorf LD | Infringement Action | — | Revoked | Düsseldorf Local Division revoked EP 3 223 320 for Germany, France, Italy, and the Netherlands based on the counterclaim for revocation, finding the patent was invalid due to added matter (Art. 138(1)(c) EPC / Art. 123(2) EPC). The infringement action was dismissed as a result. Seoul Viosys (claimant) was ordered to bear all costs. |
| 2024-10-02 | UPC_CFI_54/2024 | Munich LD | Generic application | — | Procedural only | Procedural 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. |
| 2024-10-02 | UPC_CFI_498/2023 | Munich LD | Generic Order | — | Procedural only | Procedural order in NEC v TCL infringement action, granting an application for intervention by a third party. The court set out procedural arrangements for the intervener to participate via the claimant's representatives in the case management system. |
| 2024-09-17 | ACT_581538/2023 | Brussels LD | Infringement Action | Procedural | Procedural only | The 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. |
| 2024-09-17 | UPC_CFI_240/2023 | Milan LD | Infringement Action | Procedural | Procedural only | The 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. |
| 2024-09-17 | UPC_CFI_240/2023 | Milan LD | Infringement Action | Procedural | Procedural only | The 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. |
| 2024-09-16 | ACT_545615/2023 | Mannheim LD | Infringement Action | Procedural | Procedural only | Mannheim Local Division issued a pre-trial procedural order for oral hearing preparation in Panasonic v Xiaomi (UPC_CFI_219/2023), an SEP infringement case concerning EP 2 568 724. The order set a hearing schedule over multiple days (technical issues on day 1, FRAND on day 2), addressed admissibility of document FBD-T13, confidentiality arrangements for FRAND discussions, submission of visual aids, language of pleadings, and set the value in dispute at EUR 8,000,000 for UPC_CFI_219/2023. |
| 2024-09-16 | UPC_CFI_210/2023 | Mannheim LD | Infringement Action | Procedural | Procedural only | Procedural order from the Mannheim Local Division scheduling and structuring the oral hearing in a SEP infringement action. The order confirms hearing dates and provides guidance on the structure of oral submissions, seating arrangements, and confidentiality measures. No substantive ruling on the merits. |
| 2024-09-13 | ACT_583273/2023 | Munich LD | Infringement Action | Infringement merits | Infringed | Munich 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.) |
| 2024-09-13 | UPC_CFI_11/2024 | Dusseldorf LD | Generic Order | — | Procedural only | Early procedural order by Düsseldorf Local Division in Grundfos v Hefei Xinhu Canned Motor Pump deciding under R. 37.2 RoP to proceed jointly with infringement action and counterclaim for revocation under Art. 33(3)(a) UPCA. The decision was taken early to allow timely assignment of the technically qualified judge given part-time panel staffing constraints. |
| 2024-09-11 | UPC_CFI_127/2024 | Munich LD | Generic application | — | Procedural only | Munich Local Division ordered correction of party designations under R.305 RoP by analogy. The Court corrected the names and addresses of defendants 3 and 5 following identification that one defendant did not exist at its stated address and another was incorrectly named. The Registry was instructed to re-serve the statement of claim on the corrected defendant 5. |
| 2024-09-09 | UPC_CFI_88/2024 | Hamburg LD | Generic application | — | Procedural only | Preliminary procedural order from Hamburg Local Division dated 9 September 2024 in infringement proceedings brought by Roche Diabetes Care GmbH and F. Hoffmann-La Roche AG against Tandem Diabetes Care entities and VitalAire GmbH regarding EP 2 196 231. The order deals with Tandem's request to stay the proceedings. The court balanced the right to a fair trial (Art. 6 ECHR, Art. 47 EU Charter) with the principle that proceedings should normally conclude within one year (RoP Preamble point 7). No stay was granted; the case management timetable was maintained. |
| 2024-09-06 | ACT_459987/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The 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. |
| 2024-08-30 | UPC_CFI_99/2024 | Dusseldorf LD | Application RoP262A | — | Procedural only | Procedural order from the Düsseldorf Local Division dated 30 August 2024 on confidentiality protection (R. 262A RoP) in infringement proceedings brought by Ona Patents SL against Apple entities. The order addresses the protection of trade secrets, specifically ruling that negative facts (the statement that products do not support certain functionalities) can also be subject to confidentiality. The names of employees involved in the relevant technical matters were also included within the confidentiality order. |
| 2024-08-30 | UPC_CFI_52/2023 | Munich LD | Infringement Action | Infringement merits | Not infringed | The 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. |
| 2024-08-26 | UPC_CFI_54/2023 | Hamburg LD | Infringement Action | Infringement merits | Not infringed | The 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. |
| 2024-08-12 | UPC_CFI_281/2024 | Dusseldorf LD | Generic application | — | Settled | Decision from Düsseldorf Local Division dated 6 August 2024 permitting Seoul Semiconductor Co., Ltd. to withdraw its patent infringement action against Amazon Services Europe S.à r.l. regarding EP 3 339 920 B1. The withdrawal was agreed following an out-of-court settlement. Each party bears its own costs and Seoul Semiconductor bears the court fees. The claimant was ordered reimbursement of 60% of court fees (EUR 6,600) pursuant to R. 370.9(b)(i) RoP. |
| 2024-08-09 | UPC_CFI_278/2023 | Hamburg LD | Application RoP262A | Procedural | Procedural only | Hamburg Local Division issued a confidentiality order under R.262A RoP protecting supply chain and trade secret information submitted by Gucci defendants in their Statement of Defence and Rejoinder. Access was restricted to named representatives of AGFA NV. The order replaced a preliminary order of 2 July. |
| 2024-08-08 | UPC_CFI_140/2024 | Dusseldorf LD | Application RoP262A | — | Procedural only | Procedural order on a confidentiality club application (Rule 262A RoP) in proceedings involving 10x Genomics v Curio Bioscience. The court set rules for access to confidential information, including access for named party representatives and their teams, with responsibility for maintaining confidentiality. |
| 2024-08-06 | UPC_CFI_327/2024 | The Hague LD | Generic application | — | Procedural only | The Hague Local Division issued a procedural order granting defendant Orbisk B.V. an extension to respond to Winnow Solutions Limited's evidence production request (R. 190 RoP) until 6 September 2024 (one week beyond the three-week period previously granted and the four-week extension Winnow agreed to), rather than allowing Orbisk to defer its response until its Statement of Defence on 27 September 2024. The extension was granted solely on account of the summer holiday period. |
| 2024-07-31 | ACT_547520/2023 | Munich LD | Infringement Action | Infringement merits | Revoked | Munich 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. |
| 2024-07-29 | UPC_CFI_501/2023 | Munich LD | Infringement Action | — | Procedural only | Munich Local Division issued a case management order fixing dates for the interim conference and oral hearing in this infringement action concerning heart valve technology, balancing the claimant's right to a hearing within one year of service with defendants' representative availability constraints. |
| 2024-07-26 | UPC_CFI_419/2023 | Paris LD | Generic Order | — | Settled | Decision 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. |
| 2024-07-23 | UPC_CFI_240/2023 | Milan LD | Generic Order | Procedural | Procedural only | Procedural 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. |
| 2024-07-12 | UPC_CFI_363/2023 | Dusseldorf LD | Generic application | motionName.jurisdictional | Procedural only | Procedural order on a request for court-provided simultaneous interpretation. The court held that where a party's representatives master one of the permitted languages of the local division, court-provided interpretation is not available merely because the claimant chose a different permitted language in which those representatives are less proficient. The party may arrange its own interpreter at its own cost. |
| 2024-07-11 | UPC_CFI_181/2023 | Munich LD | Infringement Action | Infringement merits | Settled | The Munich Local Division confirmed the withdrawal of KraussMaffei Extrusion GmbH's infringement action against Troester GmbH & Co. KG concerning EP 3 221 117, following an out-of-court settlement reached by the parties after the oral hearing of 16 April 2024. The court also ordered partial reimbursement of court fees. |
| 2024-07-09 | UPC_CFI_210/2023 | Mannheim LD | Generic application | Procedural | Procedural only | Mannheim Local Division granted an extension of deadlines for the defendants' submissions on FRAND aspects until 14 August 2024, following the conclusion of confidentiality proceedings. The extension was granted as necessary to allow for complete submissions on FRAND-related material, while taking into account that the parties were already familiar with the documents from parallel national proceedings. |
| 2024-07-04 | UPC_CFI_230/2023 | Paris LD | Generic Order | Infringement merits | Revoked | Decision 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. |
| 2024-07-03 | ACT_459767/2023 | Dusseldorf LD | Infringement Action | Infringement merits | Infringed | Decision of the Düsseldorf Local Division finding infringement of EP 3 375 337 B1 by Bette GmbH & Co. KG in an action by Franz Kaldewei GmbH & Co. KG concerning bathroom basin technology. The defendant was ordered to cease and desist, recall and remove products from distribution channels, and pay EUR 10,000 as a provisional award of damages with a declaration of further damages liability. The revocation counterclaim was partially successful (50% costs for revocation). Key holdings address prior use rights under Art. 28 UPCA (must be proven country by country), the scope of the information right under Art. 68 UPCA, and the concept of permanent removal from distribution channels as distinct from recall. |
| 2024-06-27 | UPC_CFI_457/2023 | Dusseldorf LD | Generic application | — | Procedural only | The Düsseldorf Local Division issued a procedural order in Dolby International's HEVC-SEP infringement action against HP entities concerning EP 3 490 258 B1. The order addressed an extension of time for Dolby's reply brief necessitated by a confidentiality protection application (R. 262A) over HP's FRAND licence negotiation submissions. The court held that where a R. 262A application temporarily prevents the claimant from consulting Access Advance (the pool administrator), a full time extension—not merely a partial one—may be granted where it does not prejudice the oral hearing date. |
| 2024-06-06 | ACT_549585/2023 | Milan LD | Infringement Action | Procedural | Procedural only | Procedural 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. |
| 2024-05-27 | UPC_CFI_498/2023 | Munich LD | Generic application | — | Procedural only | Procedural order setting the deadline for Defendants 1, 3, 4, and 6 (TCL entities) to file their Statement of Defence. The court declined to shorten the deadline as requested by Claimant NEC Corporation and set a joint deadline of 8 July 2024 for all defendants. |