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Decisions

DateCaseDivisionActionMotionOutcomeSummary
2026-01-05UPC_CFI_730/2025Hamburg LDApplication For CostsCostsCosts onlyHamburg Local Division cost assessment decision in the Nera Innovations v. Xiaomi proceedings. The Court determined the reimbursable costs for appeal proceedings under R. 220.2 RoP, holding that: (1) two authorised representatives are generally permissible but not necessary in R. 220.2 appeal on specific procedural issue; (2) the ceiling for reimbursable costs for main proceedings does not apply to R. 220.2 appeals on sub-issues; (3) travel expenses for at least one natural person are always reimbursable; and (4) even a successful party must generally bear its own costs in cost assessment proceedings.
2026-01-05UPC_CFI_730/2025Hamburg LDApplication For CostsCostsCosts onlyDuplicate of the Hamburg Local Division cost assessment decision (5 January 2026) in the Nera Innovations v. Xiaomi proceedings (UPC_CFI_730/2025), determining reimbursable costs for R. 220.2 RoP appeal proceedings on service of statement of claim.
2025-12-22UPC_CFI_407/2025Dusseldorf LDWithdrawal (RoP265)WithdrawalWithdrawnThe Düsseldorf Local Division accepted the mutual withdrawal of Atlas Global Technologies' infringement action and Vantiva's counterclaim for revocation concerning EP 3 353 901, with the parties waiving a cost decision.
2025-12-05UPC_CFI_342/2025Milan LDApplication for preserving evidence pursuant to RoP192EvidenceProcedural onlyThe Milan Local Division dismissed the defendants' challenge to a previously granted evidence preservation order in the 3V Sigma v. AGA/ACEF chemical patent case, holding that the claimant had fulfilled its duty of disclosure and that sufficient prima facie evidence of infringement was presented to justify the order.
2025-11-12UPC_CFI_407/2025Brussels LDApplication for an Order for inspection pursuant to RoP199EvidenceProcedural onlyReview order by the Brussels Local Division following an ex parte order for preservation of evidence/inspection pursuant to Rule 197.3 RoP in Genentech/Roche v Organon proceedings. The court confirmed the inspection orders with modifications, set a deadline for expert reports, and set a 31-day (or 20 working day) term for initiating infringement proceedings after receipt of the experts' report.
2025-09-23UPC_CFI_342/2025Milan LDApplication RoP262AProceduralProcedural onlyThe Milan Local Division issued an order on the confidentiality of documents seized during evidence preservation proceedings, setting a temporary confidentiality regime and inviting the parties to submit observations on 3V Sigma's access to the unredacted confidential documentation.
2025-09-17UPC_APP_36985/2025Paris LDGeneric applicationProceduralProcedural onlyParis Local Division order (judge-rapporteur Lignières, full panel) in provisional measures proceedings by Merz Therapeutics GmbH and related Merz entities against Viatris Santé concerning EP 2 377 536 (botulinum toxin / SPC FR13C0033). The order addresses Merz's procedural application (R. 9 RoP) to limit or restructure Viatris' 473-page objection, or alternatively to set a page limit for subsequent submissions. No substantive ruling on the provisional measures application.
2025-09-11UPC_APP_36707/2025The Hague LDHearingProceduralPI grantedThe Hague Local Division granted Washtower's application for provisional measures against defendants 2–5 (IBBH, BEGA Consult, BEGA BBK and NEG Novex), handing down injunctions against the making, offering and marketing of Laundreezy and Respekta Clara washing machine cabinets that infringe EP 3 522 755 B1, together with information and recall orders and an interim costs award of €56,000; the application against defendant 1 (Wasombouw) was withdrawn after settlement.
2025-08-19UPC_CFI_131/2025Brussels LDGeneric OrderCostsProcedural onlyFinal rectification order from the Brussels Local Division dated 19 August 2025 pursuant to R. 353 RoP, correcting a material error (arithmetic mistake) in an earlier costs order. The order clarifies that a rectification under R. 353 RoP is limited to correcting material errors, clerical mistakes and arithmetic errors, and cannot be used to reopen the reasoning of the earlier decision. The court also held that a rectification order does not affect the time limits for appeal relating to alleged legal errors in the original decision.
2025-08-18UPC_APP_33094/2025The Hague LDApplication Rop 333ProceduralProcedural onlyThe Hague Local Division (18 August 2025) confirmed the preliminary objection order upholding UPC jurisdiction over multiple Moderna entities (including Moderna Spain and Moderna Norway) in infringement actions concerning COVID-19 vaccine Spikevax. The panel dismissed all Moderna's grounds challenging international jurisdiction under Brussels Regulation Art. 7(2) and 8(1) and the Lugano Convention.
2025-07-25ACT_7974/2025Brussels LDApplication For CostsCostsCosts onlyDecision of the Brussels Local Division on costs (Rule 156 RoP) following dismissal of infringement claims in the main proceedings (UPC_CFI_376/2023) brought by a claimant against OrthoApnea S.L. and Vivisol B BV. The Court set out principles for cost recovery including timing of requests for ceiling adjustments, burden of proof for claimed costs, and excluded translation costs and certain security-related costs as non-recoverable.
2025-05-30UPC_CFI_407/2025Brussels LDApplication for preserving evidence pursuant to RoP192EvidenceoutcomeName.otherThe Brussels Local Division granted Genentech / Roche's ex parte applications for an order to preserve evidence (R. 192–198 RoP) and an order for inspection (R. 199 RoP) against Organon and Shanghai Henlius Biotech concerning EP 3 401 335 B1 (biological pharmaceutical patent). The orders were granted after an oral hearing on 23 May 2025. The order to preserve evidence required production of digital information; Organon NV and Organon Heist BV face a penalty of EUR 200,000 per hour for failure to cooperate. Costs are stayed pending the main proceedings.
2025-05-19UPC_CFI_342/2025Milan LDApplication for preserving evidence pursuant to RoP192EvidenceProcedural onlyThe Milan Local Division granted 3V Sigma S.p.A. an ex parte order for preservation of evidence against ACEF S.p.A. and ACEF S.r.l. concerning EP 3 275 872 and EP 3 275 426 (triazine UV stabilisers / cosmetic UV filter compositions).
2025-05-02UPC_CFI_131/2025Brussels LDApplication For CostsCostsCosts onlyProvisional Procedural Order IV in the costs proceedings brought by OrthoApnea S.L. and Vivisol B BV against an anonymised defendant. The Judge-Rapporteur suspended the costs proceedings pending the outcome of the defendant's appeal against the merits decision (UPC_CFI_376/2023 / UPC_CoA) on grounds of fairness, since the costs outcome depends on the appeal outcome.
2025-05-02UPC_CFI_131/2025Brussels LDApplication For CostsCostsCosts onlyThe Brussels Local Division (judge-rapporteur Samuel Granata, in Dutch) issued Provisional Procedural Order IV, suspending the costs proceedings (ACT_7974/2025, requesting EUR 92,814.62 in costs from the anonymised defendant) pending the Court of Appeal's decision on the merits of the underlying dispute. The order instructs the successful party to notify the judge-rapporteur of the outcome once the Court of Appeal has decided, so that a final costs decision can be rendered.
2025-02-20UPC_APP_6987/2025Brussels LDGeneric applicationProceduralProcedural onlyBrussels Local Division (20 February 2025) ruled on HYLER BV's contested addition of new non-infringement arguments and a new document in its rejoinder. The panel rejected the primary request, upheld the alternative request in part, and excluded certain paragraphs of HYLER's rejoinder (paragraphs 506–510) from consideration, finding they introduced new arguments not justified by Cretes' reply submissions. The request for an extra week to respond was also rendered moot.
2025-02-10UPC_APP_3474/2025Helsinki LDGeneric applicationProceduralProcedural onlyHelsinki Local Division granted AIM Sport Development AG's application under Rule 263 RoP for leave to amend its infringement case (replacing AIM Sport Vision AG as claimant) and to add TGI Sport Virtual UK Limited as a new defendant under Rule 305 RoP. The court allowed the amendment noting the risk of irreconcilable decisions from different courts if not joined. The defendants (Supponor companies) were ordered to file their statement of defence within three months. Leave to appeal was granted.
2024-10-25ORD_55012/2024Brussels LDGeneric OrderProceduralProcedural onlyBrussels Local Division procedural order (full panel: Granata, Kupecz, Voss) in infringement proceedings by Cretes NV against Hyler BV concerning EP 3 993 602 and EP 4 284 152, deciding under R. 37(2) RoP to handle both the infringement action (ACT_25743/2024) and the revocation counterclaim (CC_53420/2024) jointly for reasons of efficiency, consistent with the parties' wishes. The joint treatment ensures uniform patent interpretation by the same panel.
2024-09-17UPC_APP_39793/2024Hamburg LDApplication RoP262.1 (b)ProceduralProcedural onlyOrder of the Hamburg Local Division granting Powell Gilbert LLP (as a member of the public) access to written pleadings and evidence in the provisional measures proceedings (ORD_33145/2024) between Ballinno B.V. and UEFA/Kinexon concerning EP 1 944 067. The Court granted access under Rule 262.1(b) RoP, holding that as the provisional measures proceedings had terminated at first instance, the public interest in scrutinising the handling of an early and significant UPC provisional measures decision outweighed confidentiality concerns.
2024-07-29ORD_43914/2024Munich LDGeneric OrderProceduralProcedural onlyThe Munich Local Division issued a procedural order concerning a stay of infringement proceedings in the Amgen v Sanofi/Regeneron case relating to EP3666797, in light of parallel EPO opposition proceedings and a separate revocation action filed by the defendants at the UPC Central Division.
2024-07-19ORD_42503/2024Brussels LDGeneric OrderProceduralProcedural onlyThe Brussels Local Division (full panel) dismissed the respondents' application for review under R. 333 RoP of an earlier judge-rapporteur order that had denied their objection against the claimant's equivalence arguments introduced in the reply. The panel upheld the judge-rapporteur's finding that introducing an infringement argument based on equivalence in the reply did not constitute a fundamental new ground requiring prior leave under R. 263.1 RoP.
2024-07-08UPC_APP_37702/2024Brussels LDGeneric applicationProceduralProcedural onlyProcedural order of the Brussels Local Division in an infringement action concerning EP 2 331 036. The order addresses whether the claimant was permitted to supplement the factual basis and add equivalence infringement arguments in the Reply to the Statement of Defence, and whether the request/claims could be adapted. The order ruled on the admissibility of equivalence arguments raised at the reply stage.
2024-02-13UPC_APP_586761/2023The Hague LDGeneric applicationCostsProcedural onlyThe Hague Local Division rejected Arkyne Technologies' (Bioo) application under Rule 158 RoP requiring Plant-e to provide security for legal costs, finding that the financial strain a cautio would impose on the claimant (a competing SME with limited finances) would be a serious impediment to access to justice, and also noting that Dutch national law does not permit security for costs against EU-domiciled claimants.
2023-09-21UPC_CFI_329/2023Brussels LDApplication for preserving evidence pursuant to RoP192EvidenceProcedural onlyThe Brussels Local Division granted an ex parte order to preserve evidence and carry out a description under Rule 192 RoP, directed at OrthoApnea S.L., in respect of patent EP 2 331 036 covering a device for treating night-time breathing problems. No substantive infringement ruling was made.