| 2024-11-22 | ACT_40442/2024 | Milan LD | Application for provisional measures | Preliminary injunction | PI denied | The Milan Local Division dismissed Insulet Corporation's application for provisional measures against A. Menarini Diagnostics S.r.l. concerning EP4201327 (insulin pump technology), finding the application inadmissible as the auxiliary requests to amend the patent are not permissible in provisional measures proceedings, and also dismissing Menarini's request for security for costs. |
| 2024-11-22 | UPC_CFI_380/2024 | Milan CD | Application for provisional measures | — | PI denied | The Milan Central Division rejected Insulet Corporation's application for a preliminary injunction against EOFLOW Co., Ltd. for alleged infringement of EP 4 201 327 (insulin pump). The Court held that the applicant had not established with sufficient certainty that the patent was valid (particularly claim 1 which appeared to lack novelty or inventive step over the prior art). The auxiliary request to amend the patent under R. 30.2 RoP was inadmissible in provisional measures proceedings given the requirement for expediency and the adversarial principle. Insulet was ordered to bear the costs; value in dispute EUR 2,500,000; cost ceiling EUR 400,000. |
| 2024-11-20 | UPC_CFI_368/2024 | Dusseldorf LD | Generic application | — | Procedural only | The Düsseldorf Local Division ruled on Valeo Electrification's application for rectification (R. 353 RoP) of the preliminary injunction order of 31 October 2024 against Magna PT entities concerning EP 3 320 604 B1. The rectification related to the product scope and spare-parts exception included in the order. The court issued a corrected operative part clarifying the terms of the injunction. |
| 2024-11-05 | UPC_CFI_643/2024 | Milan LD | Application for provisional measures | Preliminary injunction | PI granted | Milan Local Division granted Cardo Systems' application for provisional measures (preliminary injunction and seizure) against Shenzhen Asmax Infinite Technology Co. and Hong Kong Yiheng International Technology Co. without hearing the respondents (ex parte). The court ordered: (1) service by bailiff at EICMA 2024 trade fair in Milan; (2) seizure and description of infringing products; (3) institution of merits proceedings within 31 days on pain of revocation. Costs to be settled in the merits proceedings. |
| 2024-11-05 | UPC_CFI_649/2024 | Milan LD | Application for provisional measures | Preliminary injunction | PI granted | The Milan Local Division granted Pirelli an ex-parte order for seizure of motorcycle tyres allegedly infringing EP 3 519 207 B1 exhibited by Sichuan Yuanxing Rubber Co. and China Council for the Promotion of International Trade (CCPIT) at the EICMA 2024 trade fair in Milan. |
| 2024-11-05 | UPC_CFI_649/2024 | Milan LD | Application for provisional measures | Preliminary injunction | PI granted | Milan Local Division (5 November 2024) granted an ex parte preliminary seizure order against Sichuan Yuanxing Rubber Co. Ltd at the EICMA 2024 tyre exhibition in Milan. The order authorised seizure of infringing tyres at the defendants' exhibition stand and was immediately enforceable. Defendants were required to cancel orders for the infringing products. Main proceedings must be initiated within 31 calendar days or 20 working days. |
| 2024-11-05 | UPC_CFI_650/2024 | Milan LD | Application for provisional measures | Preliminary injunction | PI granted | The Milan Local Division granted Pirelli an ex-parte provisional measure ordering seizure of infringing motorcycle tyres (EP 2 519 412 B1) exhibited by Tianjin Kingtyre and Kingtyre Deutschland at the EICMA 2024 international motorcycle fair in Milan, with a review right for the defendants within 30 days. |
| 2024-11-05 | UPC_CFI_650/2024 | Milan LD | Application for provisional measures | Preliminary injunction | PI granted | Milan Local Division (5 November 2024) granted an ex parte seizure and protective order against Tianjin Kingtyre Group Co. Ltd and Kingtyre Deutschland GmbH at the EICMA 2024 tyre fair in Milan. Order was served by bailiff at the exhibition and immediately enforceable. Defendants may seek review within 30 days. Main proceedings must commence within 31 calendar days. |
| 2024-10-31 | ACT_37931/2024 | Dusseldorf LD | Application for provisional measures | Preliminary injunction | PI granted | Order from the Düsseldorf Local Division (UPC_CFI_347/2024) granting Valeo Electrification's application for provisional measures against Magna PT entities concerning EP 3 320 602 B1. The Court issued a preliminary injunction prohibiting the defendants from manufacturing, offering, marketing, using or importing the infringing automotive electrification products. Penalty payments of up to EUR 250,000 per violation were ordered. The injunction was conditional on Valeo providing security of EUR 2,500,000. The Court addressed issues of patent proprietorship (rebuttable presumption), urgency, and validity, finding the patent more likely than not valid. |
| 2024-10-31 | UPC_CFI_368/2024 | Dusseldorf LD | Application for provisional measures | — | PI granted | The Düsseldorf Local Division granted Valeo Electrification a preliminary injunction against Magna PT entities prohibiting them from offering, placing on the market, using, importing or storing certain electric motor generators (challenged embodiment I) and the 7HDT400 gearbox assembled with those generators (challenged embodiment II) in Germany and France, concerning EP 3 320 604 B1. A temporary exception was granted for BMW 2 Series Active Tourer and Mini Countryman, conditional on defendants providing security of EUR 500,000 by 21 November 2024. Recurring penalty payments of up to EUR 250,000 per violation were imposed. Defendants were ordered to pay EUR 14,700 provisionally in costs. The injunction was made enforceable upon provision by the applicant of a EUR 2,500,000 bank guarantee. |
| 2024-10-01 | UPC_CFI_400/2024 | Milan LD | Application for provisional measures | Procedural | Procedural only | The Milan Local Division denied EOFLOW CO LTD's application to intervene as a third party in Insulet's provisional measures proceedings against Menarini under R.313 RoP, holding that efficiency of the proceedings and other balancing considerations weighed against admitting the intervention. |
| 2024-09-09 | UPC_CFI_516/2024 | Hamburg LD | Application for provisional measures | Preliminary injunction | PI granted | The Hamburg Local Division granted Philips a preliminary injunction against Shenzhen Yunding at the IFA 2024 trade fair based on EP 3 197 316 B1 (oral care system with post-brushing feedback), ordering the defendant to deliver infringing products to a court bailiff for storage and to pay a fine of up to EUR 250,000 per violation. |
| 2024-09-06 | ACT_18551/2024 | Dusseldorf LD | Application for provisional measures | Preliminary injunction | PI denied | Order by Düsseldorf Local Division (UPC_CFI_166/2024, 6 September 2024) rejecting Novartis AG and Genentech Inc.'s application for provisional measures against Celltrion Inc. for alleged infringement of EP 3 805 248 B1 (biologic/antibody). The application was dismissed on the merits (infringement insufficiently established). Applicants were ordered to pay interim costs of EUR 138,562.80. The court addressed claim interpretation, imminent infringement, non-applicability of stay of proceedings (R. 295 RoP) to PI proceedings, and the costs gap in the absence of main proceedings. |
| 2024-09-06 | UPC_CFI_165/2024 | Dusseldorf LD | Application for provisional measures | — | PI denied | Order of Düsseldorf Local Division rejecting Novartis/Genentech's application for provisional measures against Celltrion Healthcare entities regarding EP 3 805 248 B1 (biosimilar product Epysqli). The court found the requirements for provisional measures were not met and ordered Novartis/Genentech to pay interim costs of EUR 138,562.80. The court set out important headnotes on: the interpretation of Art. 25 and 62 UPCA as autonomous uniform law; the concept of imminent infringement; group company liability; inapplicability of R. 295 RoP to provisional measures applications; and parties' obligation to present focused technical arguments. |
| 2024-09-05 | UPC_CFI_486/2024 | Dusseldorf LD | Application for provisional measures | Preliminary injunction | PI denied | The Düsseldorf Local Division rejected Bioletic's application for a preliminary injunction concerning EP 3 685 783 B1 without an oral hearing, holding that the applicant had failed to demonstrate why a main action would be insufficient and had not established an ongoing or imminent harm justifying urgent provisional relief. |
| 2024-09-02 | UPC_CFI_368/2024 | Dusseldorf LD | Generic application | — | Dismissed | President of the UPC Court of First Instance dismissed Magna entities' application for review of the allocation of a technically qualified judge. The Court held that parties have no right to request a specific technical background for a technically qualified judge and that partiality is the only permissible objection to a judge's participation. |
| 2024-08-27 | ACT_9216/2024 | Munich LD | Application for provisional measures | Preliminary injunction | PI granted | Munich Local Division granted a preliminary injunction (provisional measures) against Hand Held Products for indirect/contributory infringement of Scandit AG's barcode-scanning patent EP 3 866 051. The court found indirect infringement (mittelbare Patentverletzung) of claims 1 and 10 proved to the necessary standard and ordered Hand Held Products to cease and desist from offering/supplying the infringing SDK software in multiple UPC member states, subject to a periodic penalty of up to EUR 100,000 per day of non-compliance. The application for direct infringement was rejected. The injunction was conditioned on Scandit providing security of EUR 500,000. Cost applications by both parties were dismissed. |
| 2024-08-27 | ACT_23636/2024 | Munich LD | Application for provisional measures | Preliminary injunction | PI granted | Munich 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. |
| 2024-08-21 | UPC_CFI_347/2024 | Dusseldorf LD | Application RoP262A | — | Procedural only | Düsseldorf Local Division issued a confidentiality order under R.262A RoP restricting access to confidential information submitted by Magna entities (defendants) in their Statement of defence and Rejoinder, relating to supply chain and trade secrets. Access was limited to specific named representatives of Valeo. |
| 2024-07-31 | UPC_CFI_195/2024 | The Hague LD | Application for provisional measures | — | PI granted | The Hague Local Division granted a preliminary injunction against the defendant prohibiting direct infringement of EP 1 993 350 B2 (relating to a hybrid Agaricus bisporus mushroom strain) in the Netherlands, Germany, France and Italy. The court held that the mushroom strain was not excluded from patentability under Art. 53(b) EPC and found a prima facie case of infringement. The defendant was ordered to deliver up infringing Cayene mushroom strains, provide customer information, pay an interim award of EUR 11,000 in costs, and penalties of up to EUR 50,000 per day for non-compliance. The injunction was made conditional on Amycel providing security of EUR 200,000. |
| 2024-06-26 | UPC_CFI_123/2024 | Hamburg LD | Application for provisional measures | Preliminary injunction | PI denied | The Hamburg Local Division dismissed Alexion Pharmaceuticals' application for a preliminary injunction against Samsung Bioepis based on EP 3 167 888, finding that while direct infringement could be established, the court could not be sufficiently certain of the patent's validity given the EPO Technical Board of Appeal's history of rejecting correction requests for SEQ ID NO:4, and thus denied the measure. |
| 2024-06-26 | UPC_CFI_124/2024 | Hamburg LD | Application for provisional measures | Preliminary injunction | PI denied | The Hamburg Local Division dismissed Alexion Pharmaceuticals' application for a preliminary injunction against multiple Amgen entities based on EP 3 167 888, holding that while infringement could be established the court lacked sufficient certainty of patent validity given the EPO's repeated rejection of sequence correction attempts for SEQ ID NO:4. |
| 2024-06-19 | ACT_14944/2024 | The Hague LD | Application for provisional measures | Preliminary injunction | PI granted | The Local Division The Hague granted Abbott Diabetes Care a preliminary injunction against Sibio Technology and Umedwings for infringement of a patent relating to a continuous glucose monitoring device (GS1), finding all conditions under R.211 RoP met and the balance of interests in Abbott's favour, as defendants had left the relevant markets. |
| 2024-06-19 | ACT_14945/2024 | The Hague LD | Application for provisional measures | Preliminary injunction | PI denied | Application for a preliminary injunction by Abbott Diabetes Care Inc. against Sibio Technology Limited and Umedwings Netherlands B.V. concerning EP 3 831 283 (wearable glucose monitoring device) was denied by The Hague Local Division. The court found it more likely than not that claim 1 of the patent would be held invalid for added matter (the claimed feature of a connector support being received through a distal-facing opening into a recess was not directly and unambiguously derivable from the application as filed). As a result, Abbott must bear defendants' costs. Value of the action set at EUR 4,000,000. |
| 2024-06-16 | UPC_CFI_201/2024 | Munich LD | Generic Order | — | Procedural only | The 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. |
| 2024-06-03 | ACT_16267/2024 | Hamburg LD | Application for provisional measures | Preliminary injunction | PI denied | Hamburg Local Division dismissed Ballinno B.V.'s application for provisional measures (preliminary injunction) against UEFA, Kinexon GmbH and Kinexon Sports & Media GmbH in connection with EP 1 944 067 (method for detecting offside situations in football). The application was dismissed on urgency grounds: Ballinno had waited almost three months after acquiring knowledge of the alleged infringement before taking decisive investigative steps, which was incompatible with the urgency requirement under Art. 62(2) UPCA. Ballinno was ordered to pay costs including those of the protective letter. |
| 2024-05-21 | ACT_589207/2023 | Munich LD | Application for provisional measures | Preliminary injunction | PI granted | The 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. |
| 2024-04-30 | ACT_590953/2023 | Dusseldorf LD | Application for provisional measures | Preliminary injunction | PI granted | Same order as ORD_23580/2024 / UPC_CFI_463/2023 (Düsseldorf, 30 April 2024) – duplicate document. 10x Genomics obtained a preliminary injunction against Curio Bioscience restraining sale of infringing spatial transcriptomics arrays (EP 2 697 391) in Germany, France, and Sweden, subject to a EUR 2,000,000 security. |
| 2024-04-30 | UPC_CFI_463/2023 | Dusseldorf LD | Application for provisional measures | Preliminary injunction | PI granted | The Düsseldorf Local Division granted a preliminary injunction against Curio Bioscience Inc. prohibiting it from offering, marketing, using, importing or storing arrays for spatially localised nucleic acid detection in Germany, France and Sweden, finding prima facie infringement of EP 2 697 391 B1 (owned by 10x Genomics). Both parties were ordered to pay each other interim costs of EUR 100,000. The injunction was conditional on 10x Genomics providing security of EUR 2,000,000. 10x Genomics' application for security for costs from the defendant was rejected. |
| 2024-03-13 | UPC_CFI_354/2023 | Munich LD | Application for provisional measures | — | Settled | The 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. |
| 2024-03-11 | UPC_APP_8500/2024 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The Düsseldorf Local Division issued a confidentiality protection order under R.262A RoP establishing principles for granting natural persons access to protected information, holding that access cannot be denied solely because a named person works in the relevant technical field. |
| 2024-03-01 | UPC_APP_9978/2024 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order in the 10x Genomics v. Curio Bioscience provisional measures proceedings, rejecting 10x Genomics' request for court-ordered simultaneous interpretation at the oral hearing, on grounds that the applicant had itself chosen German as the language of proceedings and had earlier opposed a language change requested by the respondent. |
| 2024-02-26 | UPC_APP_5164/2024 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The President of the UPC Court of First Instance ruled on a language-of-proceedings application in the 10x Genomics v Curio Bioscience provisional measures case, deciding whether English (the patent language) or German (the local division language) should govern proceedings. |
| 2024-02-26 | UPC_APP_5164/2024 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The President of the UPC Court of First Instance ruled on a language-of-proceedings application in the 10x Genomics v Curio Bioscience provisional measures case, deciding whether English (the patent language) or German (the local division language) should govern proceedings. |
| 2024-02-23 | UPC_APP_8500/2024 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | Published headnotes and keywords document for the 23 February 2024 Düsseldorf Local Division order in Curio Bioscience v. 10x Genomics, setting out the legal principles on trade secret protection under Rule 262A RoP in provisional measures proceedings, including preliminary access restrictions and the right to be heard before a final confidentiality order. |
| 2024-02-23 | UPC_APP_8500/2024 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The Düsseldorf Local Division issued a confidentiality protection order under Rule 262A RoP in Curio Bioscience v. 10x Genomics, establishing preliminary access restrictions to allegedly confidential documents and setting out the proportionate circle of persons entitled to access (four legal representatives, two patent attorneys, three client representatives, expandable by two paralegals if needed). |
| 2024-02-23 | UPC_APP_9671/2024 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The Düsseldorf Local Division rejected the applicant's (10x Genomics) request to move the deadline for responding to the opposition, holding that the deadline runs from the issuance of the prior procedural order and cannot be shifted to the conclusion of the confidentiality proceedings. |
| 2024-02-23 | UPC_APP_9671/2024 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The Düsseldorf Local Division rejected the applicant's (10x Genomics) request to move the deadline for responding to the opposition, holding that the deadline runs from the issuance of the prior procedural order and cannot be shifted to the conclusion of the confidentiality proceedings. |
| 2024-02-14 | UPC_CFI_463/2023 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order in 10x Genomics v. Curio Bioscience establishing a structured confidentiality protection procedure under Rule 262A RoP, clarifying the CMS workflow for trade secret protection and setting out the process for granting preliminary access restrictions before a final confidentiality order is made. |
| 2024-01-29 | UPC_CFI_463/2023 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order in the 10x Genomics v. Curio Bioscience provisional measures proceedings, deciding ex officio to appoint a technically qualified judge given the technical complexity of the patent (spatial transcriptomics), relying on Art. 8(5) UPCA even in the absence of an express provision for interim proceedings. |
| 2024-01-25 | UPC_CFI_452/2023 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The Düsseldorf Local Division panel issued a procedural order in the Ortovox v. Mammut provisional measures case, setting out the criteria for reviewing a unilateral (ex parte) provisional measures order under Rule 212.3 / 197.3-4 RoP, and noting that the patent's validity must be sufficiently established before granting provisional measures. |
| 2024-01-24 | UPC_CFI_452/2023 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order in the Ortovox v. Mammut provisional measures proceedings, directing the respondents (Mammut) to re-upload their inspection requests in the dedicated CMS workflow for Rule 212.3 RoP applications within a set deadline. |
| 2023-12-20 | UPC_CFI_292/2023 | Munich LD | Application for provisional measures | Preliminary injunction | PI denied | The 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. |
| 2023-12-19 | UPC_CFI_249/2023 | Munich LD | Application for provisional measures | Procedural | Costs only | The 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. |
| 2023-12-11 | UPC_CFI_452/2023 | Dusseldorf LD | Application for provisional measures | Preliminary injunction | PI granted | The Düsseldorf Local Division granted an ex parte order for provisional measures (Rule 212.1 RoP) in favour of Ortovox Sportartikel GmbH against Mammut Sports Group AG and Mammut Sports Group GmbH, in relation to EP 3 466 498 B1 covering an avalanche transceiver (Lawinen-Verschütteten-Suchgerät). |
| 2023-12-05 | UPC_CFI_2/2023 | Munich LD | Application for provisional measures | Procedural | Procedural only | The 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. |
| 2023-10-26 | UPC_CFI_357/2023 | Munich LD | Application for provisional measures | Preliminary injunction | Withdrawn | The 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. |
| 2023-10-06 | UPC_CFI_357/2023 | Munich LD | Application for provisional measures | Procedural | Procedural only | The 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. |
| 2023-09-19 | UPC_CFI_2/2023 | Munich LD | Application for provisional measures | Preliminary injunction | PI granted | The 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. |
| 2023-09-19 | UPC_CFI_2/2023 | Munich LD | Application for provisional measures | Preliminary injunction | PI granted | This 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. |