UPC Analytics
ENDE

Decisions

DateCaseDivisionActionMotionOutcomeSummary
2025-10-17UPC_CFI_693/2025Munich LDApplication for provisional measuresPreliminary injunctionPI deniedThe Munich Local Division denied ONWARD Medical's application for provisional measures (preliminary injunction) against Niche Biomedical regarding EP 3 421 081 B1 (spinal cord stimulation), holding that the patent was likely invalid in its granted form and that auxiliary requests seeking provisional measures based on amended claim versions are generally inadmissible.
2025-03-11UPC_CFI_201/2024Munich LDGeneric applicationProcedural onlyOrder from Munich Local Division dated 11 March 2025 on procedural matters arising from a preliminary injunction dispute between Syngenta and Sumi Agro. The panel upheld the judge-rapporteur's earlier order dismissing Sumi Agro's application to revoke provisional measures (which had been granted on 27 August 2024). The panel held that Syngenta had filed and paid court fees for the main proceedings in time to satisfy R. 213(1) and R. 15(2) RoP, confirming that payment does not require receipt by the court before the deadline, only that the fee was paid. Syngenta's application for re-establishment of rights was also dismissed as unfounded. Leave to appeal was granted given the fundamental interpretive issues involved.
2024-08-27ACT_23636/2024Munich LDApplication for provisional measuresPreliminary injunctionPI grantedMunich Local Division granted a preliminary injunction (inter partes) against respondents ordering them to cease and desist from manufacturing, offering, placing on the market, using, exporting or possessing a herbicide composition (Kagura) infringing a patent with claims directed to a composition, across multiple UPC contracting states. The court held that for a product composition claim the applicant need only allege and prove the composition had all features of the claim; it is not required to explain why the composition had those features. Distributing infringing products outside contracting states while advertising under the same name inside creates a risk of first infringement. An actus contrarius is insufficient to eliminate such risk; a cease-and-desist declaration with penalty clause is required. Respondents may revoke the injunction if applicant does not commence main proceedings within 31 calendar days.
2024-06-16UPC_CFI_201/2024Munich LDGeneric OrderProcedural onlyThe Munich Local Division granted a confidentiality protection order under Rule 262A RoP for documents in provisional measures proceedings, covering information in Confidential Exhibits SA-1 and SA-9 submitted by the defendants (Sumi Agro). The claimant (Syngenta) did not formally object. The order was issued in a new workflow due to a CMS malfunction in the original application.
2024-05-21ACT_589207/2023Munich LDApplication for provisional measuresPreliminary injunctionPI grantedThe Munich Local Division granted Dyson Technology Ltd. a preliminary injunction against SharkNinja Germany GmbH and SharkNinja Europe Limited, prohibiting them from offering or supplying certain handheld vacuum cleaners (models IW3611EU, IW3611DE, IW1611EU, IW1611DE, BU1120DE) in Germany and France that infringe EP 2 043 492, subject to Dyson commencing main proceedings within 31 calendar days or 20 working days.
2024-03-13UPC_CFI_354/2023Munich LDApplication for provisional measuresSettledThe Munich Local Division issued a decision confirming the settlement between the parties in provisional measures proceedings brought by Steindl Krantechnik against BEHA Bau- und Forstgreiftechnik concerning EP 3 287 315. Following the oral hearing of 30 January 2024, the parties reached a preliminary agreement and subsequently filed a settlement text under R. 365 RoP. The court confirmed the settlement, ordered its details to be kept confidential (R. 365.2 RoP), and noted that no separate costs decision was required as costs were regulated in the settlement.
2023-12-20UPC_CFI_292/2023Munich LDApplication for provisional measuresPreliminary injunctionPI deniedThe Munich Local Division dismissed SES-imagotag's application for provisional measures against Hanshow Technology and related entities concerning electronic shelf label technology, finding that infringement of EP3883277 had not been established with sufficient certainty. The court also ordered SES-imagotag to bear the costs including those of the protective letter filed by the respondents.
2023-12-19UPC_CFI_249/2023Munich LDApplication for provisional measuresProceduralCosts onlyThe Munich Local Division issued a costs order following the discontinuation of provisional measures proceedings after the respondents (Meril) provided an undertaking to cease the contested acts. The court found the proceedings had become moot, declared the PI application resolved, and ordered the respondents to bear the applicant's costs up to a ceiling of EUR 200,000, holding that respondents had unnecessarily caused those costs.
2023-12-05UPC_CFI_2/2023Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division imposed a penalty payment of EUR 100,000 on NanoString Technologies entities for non-compliance with a preliminary injunction under Article 62 UPCA, clarifying that no separate enforcement order is required under Article 82(4) UPCA and that national enforcement law requirements do not apply.
2023-10-26UPC_CFI_357/2023Munich LDApplication for provisional measuresPreliminary injunctionWithdrawnThe Munich Local Division accepted the withdrawal of the application for provisional measures (anti-anti-suit injunction) filed on 5 October 2023 by 10x Genomics and Harvard College, and declared the proceedings terminated; court fees were to be borne by the applicants.
2023-10-06UPC_CFI_357/2023Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division issued a provisional order in an application for provisional measures, serving a written procedure on NanoString Technologies Inc. in connection with a request by 10x Genomics and Harvard College for an anti-anti-suit/enforcement injunction (AASI/AAEI) to prevent NanoString from seeking a US anti-suit injunction against UPC proceedings.
2023-09-19UPC_CFI_2/2023Munich LDApplication for provisional measuresPreliminary injunctionPI grantedThe Munich Local Division granted provisional measures to 10x Genomics and President and Fellows of Harvard College against NanoString Technologies (EP 4 108 782 — spatial genomics), prohibiting NanoString from offering, selling or delivering MERSCOPE decoder probes, with penalty of up to EUR 250,000 per violation; the amount in dispute was set at EUR 7 million.
2023-09-19UPC_CFI_2/2023Munich LDApplication for provisional measuresPreliminary injunctionPI grantedThis is the German-language version of the same Munich Local Division provisional measures decision of 19 September 2023 (EP 4 108 782), granting provisional measures to 10x Genomics/Harvard College against NanoString Technologies with substantially identical operative provisions.
2023-08-28UPC_CFI_249/2023Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division scheduled an oral hearing for 10 October 2023 in provisional measures proceedings by Edwards Lifesciences against Meril GmbH (EP 3 763 331), setting timelines for responses to objections and arranging simultaneous interpretation.
2023-08-14UPC_CFI_249/2023Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division held that successful service on one co-defendant could constitute effective alternative service on another co-defendant under Rule 275.2 RoP in Edwards Lifesciences' infringement action, given CMS malfunction.
2023-07-10UPC_CFI_2/2023Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division granted a deadline extension in the 10x Genomics/Harvard v. NanoString preliminary injunction proceedings following a request by the respondent side.
2023-07-06UPC_CFI_17/2023Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division issued a short order under Rule 7.1 RoP determining that translations of English-language exhibits were not required in these proceedings.
2023-07-06UPC_CFI_2/2023Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division issued an order under Rule 7.1 RoP determining that translations of English-language exhibits were not required in the 10x Genomics/Harvard v. NanoString preliminary injunction proceedings.
2023-06-30UPC_CFI_2/2023Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division issued a supplementary procedural order correcting an earlier scheduling order to require that the defence include the arguments from the protective brief (Schutzschrift) in German, the language of proceedings.
2023-06-27UPC_CFI_17/2023Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division issued a short procedural order requiring the applicant to upload the exhibits to the statement of claim into the CMS.
2023-06-23UPC_CFI_17/2023Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division issued a scheduling order in provisional measures proceedings by 10x Genomics against NanoString Technologies, setting deadlines for responses and replies and scheduling the oral hearing for 19 September 2023.
2023-06-23UPC_CFI_2/2023Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division issued a scheduling and briefing order for the oral hearing in 10x Genomics and Harvard's preliminary injunction application against NanoString Technologies.