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Decisions

DateCaseDivisionActionMotionOutcomeSummary
2026-03-24UPC_CFI_1049/2025Hamburg LDInfringement ActionInfringement meritsWithdrawnThe Hamburg Local Division ordered reimbursement of 60% of court fees to claimant BTL Medizintechnik GmbH following the previously granted withdrawal of its infringement action before closure of the written procedure, applying R. 370.9(b)(i) RoP (2025 version).
2026-02-25UPC_CFI_619/2025The Hague LDInfringement ActionProceduralProcedural onlyThe Hague Local Division addressed GSK's R.263 application to amend its claim and Moderna's R.9 application to dismiss late-filed submissions in a parallel mRNA vaccine infringement action.
2026-02-25UPC_CFI_620/2025The Hague LDInfringement ActionProceduralProcedural onlyThe Hague Local Division issued a procedural order under Rule 9 RoP in GSK's infringement action against Pfizer/BioNTech entities concerning vaccine-related patents, addressing admissibility of submissions in GSK's Reply.
2026-02-18UPC_CFI_616/2025The Hague LDInfringement ActionProceduralProcedural onlyThe Hague Local Division ruled on GSK's application to amend its claim under Rule 263 RoP and Moderna's application to dismiss late-filed submissions under Rule 9 RoP in patent infringement proceedings relating to mRNA vaccine technology.
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.
2025-12-19UPC_CFI_494/2025Hamburg LDInfringement ActionProceduralProcedural onlyHamburg Local Division procedural order on HMD Global's request for production of licence agreements (R. 190 RoP) in Fraunhofer's SEP infringement action. The Court granted partial disclosure: HMD's request regarding the AAC Patent License Agreement with a named third party (whose identity is redacted) was granted subject to a confidentiality declaration, as Fraunhofer had consented. The request regarding a second bilateral agreement was not yet ripe for determination.
2025-12-19UPC_CFI_494/2025Hamburg LDProcedural OrderProceduralProcedural onlyDuplicate of the Hamburg Local Division order (19 December 2025) on HMD Global's request for production of licence agreements under R. 190 RoP in Fraunhofer's MPEG-4/AAC SEP infringement proceedings against HMD Global.
2025-12-05UPC_CFI_492/2024Copenhagen LDApplication for preserving evidence pursuant to RoP192EvidenceoutcomeName.otherThe Copenhagen Local Division (in Danish) imposed penalty payments of EUR 67,500 on HGSystem ApS and associated entities for delayed compliance with a preservation of evidence order in proceedings concerning EP 4 238 202 B1. The defendants had failed to provide access codes and login information for financial systems, email accounts, and a seized computer for 36 days. The Court found penalties of EUR 5,000 per day appropriate for the first 18-day period and EUR 2,500 per day for the subsequent 18 days, acknowledging that penalties also serve a punitive function even where the obligation has since been fulfilled. Costs deferred to the main proceedings.
2025-11-28UPC_CFI_619/2025The Hague LDInfringement ActionProceduralProcedural onlyThe Hague Local Division issued a procedural order under R. 302 RoP addressing a procedural step in proceedings before the court.
2025-11-06UPC_CFI_1443/2025Hamburg LDApplication for provisional measuresPreliminary injunctionPI grantedHamburg Local Division granted ex parte provisional measures (preliminary injunction) against Fileder Filter Systems Sp. z o.o. (Poland) for infringement of Brita SE's EP 2 131 940 B1 (water filter device with locking shaft). The injunction covers Belgium, Bulgaria, Denmark, Germany, Finland, France, Italy, Luxembourg, Netherlands, Austria, Portugal, Romania, Sweden and Slovenia. Security of EUR 50,000 and provisional cost reimbursement of EUR 34,700 ordered.
2025-11-05UPC_CFI_461/2024Hamburg LDInfringement ActionProceduralProcedural onlyHamburg Local Division correction order (R. 353 RoP) correcting several errors in the judgment of 5 November 2025 in Dolle v. Fakro concerning EP 2 476 814 B1. Corrections included party representative name, address, patent claim reference number errors, and addition of the defendants' counterclaims relating to conditional auxiliary requests.
2025-11-05UPC_CFI_461/2024Hamburg LDInfringement ActionInfringement meritsInfringedHamburg Local Division found that Fakro entities infringed Dolle A/S's European Patent EP 2 476 814 B1 (roof window with priority claim). The Court granted an injunction, recall of infringing products, removal from distribution channels, provision of information and damages assessment deferred. Fakro's counterclaim for revocation was rejected. The Court confirmed that 'the same invention' in Art. 87 EPC is interpreted by the direct-and-unambiguous disclosure standard.
2025-10-28UPC_CFI_555/2024Hamburg LDInfringement ActionProceduralProcedural onlyProcedural order summarising an online interim conference held on 22 October 2025. The judge-rapporteur set the value of the infringement action at EUR 3 million and the counterclaim for revocation at EUR 4.5 million (total EUR 7.5 million). The parties agreed to resolve reimbursable legal costs out of court at approximately 50% of the ceiling. The judge-rapporteur admitted the Patent Sale Agreement and Patent Assignment Agreement (Exhibits PS 11 and 12) to the file. No substantive ruling on infringement or validity was made.
2025-10-28UPC_CFI_537/2024Hamburg LDInfringement ActionProceduralProcedural onlyHamburg Local Division procedural order summarising the interim conference of 22 October 2025 in Malikie Innovations v. Nintendo, including case management orders: case value set at EUR 7.5 million (EUR 3m infringement + EUR 4.5m counterclaim), agreement on reimbursable legal costs (approximately 50% of ceiling), updates on parallel proceedings, and admission of second round of patent amendment auxiliary requests.
2025-10-21UPC_CFI_553/2025Hamburg LDApplication for provisional measuresPreliminary injunctionPI grantedThe Hamburg Local Division granted Occlutech GmbH's application for a preliminary injunction against Lepu Medical Technology (Beijing) Co. Ltd. and Lepu Medical (Europe) Cooperatief U.A. for threatened infringement of EP 2 387 951 (braided occlusion device). The Court held that CE-mark approval for the defendants' competing medical device constituted imminent infringement under R. 206.2(c) RoP, regardless of whether the applicant had prior knowledge. An injunction was issued prohibiting offering, placing on the market, and use in Germany, France, Italy, the Netherlands, and Ireland. Value: EUR 1,000,000; defendants bear costs.
2025-09-30UPC_CFI_688/2025Hamburg LDInfringement ActionInfringement meritsSettledThe Hamburg Local Division confirmed the settlement between MED-EL Elektromedizinische Geräte and Zhejiang Nurotron Biotechnology / Nurotron Global SARL in the infringement action concerning EP 4 074 373, recording the settlement as an enforceable court decision under R. 365 RoP with the details remaining confidential.
2025-08-21UPC_APP_34702/2025Hamburg LDGeneric applicationProceduralProcedural onlyThe Hamburg Local Division judge-rapporteur refused HMD Global's application for a one-month extension of the deadline to file its defence in SEP infringement proceedings brought by Fraunhofer-Gesellschaft, finding that the complexity of the case and concurrent vacation period did not justify an extension.
2025-08-14UPC_CFI_387/2025Hamburg LDApplication for provisional measuresPreliminary injunctionPI grantedThe Hamburg Local Division granted Dyson Technology Limited a preliminary injunction against Dreame International (HK) and related defendants for infringement of EP 3 119 235 (vacuum cleaner technology), including against an Authorised Representative as intermediary under Art. 63(1) UPCA.
2025-08-14UPC_CFI_387/2025Hamburg LDApplication for provisional measuresPreliminary injunctionPI grantedFinal order from the Hamburg Local Division dated 14 August 2025 granting a preliminary injunction in favour of Dyson Technology Limited against Dreame entities regarding EP 3 119 235 (vacuum cleaner hair attachment). The injunction was granted against defendants 1 (Dreame International Hong Kong), 2 (Teqphone GmbH) and 4 (Dreame Technology AB) for direct infringement of claims 1 and 11 within the UPCA territory, and against defendants 1 and 3 (Eurep GmbH) also with respect to Spain. The application was partially dismissed for remaining embodiments. Key rulings: (1) UPC has jurisdiction regardless of defendant's domicile for infringements in UPC member states; (2) an Authorized Representative in the EU under product safety regulations can serve as an anchor defendant under Art. 8(1) Brussels I; (3) such Authorized Representatives can be subject to injunctions as intermediaries under Art. 63(1) UPCA. A penalty of EUR 250,000 per case of non-compliance was imposed. Each party bears its own costs; court fees shared 50/50.
2025-08-01UPC_CFI_40/2025Hamburg LDApplication For CostsCosts onlyDecision of Hamburg Local Division in Samsung Bioepis NL B.V. v Alexion Pharmaceuticals (EP 3 167 888) assessing the costs of appeal proceedings following the Court of Appeal's rejection (20 December 2024) of Alexion's appeal against the dismissal of its application for provisional measures against Samsung Bioepis' Epysqli biosimilar. The court allowed the costs for UPC representatives and patent attorneys but reduced costs claimed for UK solicitors whose involvement (at higher cost than the actual UPC representatives) was not demonstrated to be necessary.
2025-08-01UPC_APP_43786/2024Hamburg LDGeneric applicationCostsCosts onlyHamburg Local Division (1 August 2025) issued a costs decision following the dismissal of Alexion Pharmaceuticals' provisional measures application against Samsung Bioepis. The court assessed Samsung Bioepis' recoverable litigation costs, disallowing the costs of two UK solicitors as disproportionate but allowing the costs of the private expert Prof. Kontermann and reasonable travel expenses.
2025-07-10ACT_19746/2024Hamburg LDInfringement ActionInfringement meritsPartially revokedFinal decision from Hamburg Local Division in infringement action by Nera Innovations Ltd. against Xiaomi entities concerning EP 2 642 632 (wireless power receiver). The infringement claim was dismissed as the patent was found to be substantially invalid. The patent was revoked in its main claim form, but maintained in a limited amended form (auxiliary requests 1 and 2). The counterclaim for revocation beyond those auxiliary requests was also dismissed. Costs of the infringement action borne by claimant; costs of counterclaim split 20% claimant / 80% defendants. Case value set at EUR 3,750,000.
2025-07-10ACT_19746/2024Hamburg LDInfringement ActionProceduralProcedural onlyHamburg Local Division correction order (R. 353 RoP) correcting several factual errors in its judgment of 10 July 2025 in the Nera Innovations v. Xiaomi infringement proceedings. The corrections related to the patent transfer history (incorrect description of LG Innotek transfer) and heading numbering errors.
2025-06-26UPC_APP_26135/2025Hamburg LDGeneric applicationProceduralProcedural onlyThe Hamburg Local Division granted a stay of proceedings under Rule 311 RoP following the bankruptcy of defendants Easee B.V. and Easee Holding B.V., suspended the security for costs obligation for all defendants during the stay, and held that the court's power to revoke the security order was suspended pending an appeal.
2025-06-19UPC_CFI_363/2024Paris LDGeneric applicationProcedural onlyProcedural order from the Paris Local Division dated 19 June 2025 dealing with security for costs requested by defendant GISELA MAYER GmbH against claimant N.J DIFFUSION SARL in an infringement action. NJ Diffusion had been placed in judicial reorganization (redressement judiciaire) on 5 June 2025. The court had to deal with: (1) the intervention of the court-appointed administrator and judicial representative; (2) request to provide security for costs under R. 158 RoP; and (3) the oral hearing scheduled for 20 June 2025. The order addresses the effect of insolvency proceedings on pending UPC proceedings under R. 311 RoP.
2025-06-16ACT_14764/2025Hamburg LDApplication for provisional measuresPreliminary injunctionPI grantedHamburg Local Division granted a preliminary injunction ordering OTEC Präzisionsfinish GmbH to cease and desist from manufacturing, offering, placing on the market, using, exporting, or possessing in 18 UPC contracting states an electrolytic medium for electropolishing processes that infringes a patent for such a medium. The court held that validity is established on a balance of probabilities standard (more likely than not valid); the burden for invalidity lies with the defendant. The weighing of interests favoured the applicant as the defendant's product enabled new machine sales creating market opportunities lost to the applicant. The defendant's request for security for enforcement was denied as no sufficient facts (e.g. financial difficulties) were presented. Penalty of up to EUR 250,000 per non-compliance.
2025-06-16ACT_14764/2025Hamburg LDApplication for provisional measuresProceduralProcedural onlyThe Hamburg Local Division (full panel: Klepsch, Schilling, Rinkinen, Goedeweeck) partially granted OTEC Präzisionsfinish GmbH's application for rectification (R. 353 RoP) of the provisional measures order of 16 June 2025 granted to Steros GPA Innovative S.L. concerning EP 4 249 647. The court corrected clerical mistakes (omitted letters) and certain erroneous references (water-in-oil to oil-in-water emulsion, a missing table reference, and a result table entry). However, the court rejected OTEC's request to alter the description of the 'skilled person' in the art, finding that this went beyond rectification of obvious slips.
2025-06-02UPC_APP_15203/2025Hamburg LDGeneric applicationProceduralProcedural onlyThe Hamburg Local Division granted reinstatement of the missed deadline (Wiedereinsetzung) to the claimant Lionra Technologies Ltd. for filing a cost-assessment application under R. 151 RoP, after a reliable employee in the representatives' office overlooked the deadline despite an adequate four-eyes monitoring system.
2025-05-09UPC_APP_18705/2025Hamburg LDApplication Rop 333ProceduralProcedural onlyOrder by Hamburg Local Division (UPC_CFI_429/2024, 9 May 2025) dismissing defendants' (Chint/Astronergy) panel review application under R. 333 RoP against refusal to order claimant JingAo Solar to provide security for costs. The panel upheld the rapporteur's order: defendants failed to substantiate a legitimate concern about unenforceability of a cost order against the Chinese claimant, notwithstanding a conflicting order in parallel Munich LD proceedings.
2025-04-28UPC_APP_17575/2025Hamburg LDGeneric applicationProceduralProcedural onlyThe Hamburg Local Division judge-rapporteur rejected Xiaomi's application to disregard certain submissions by Nera Innovations on patentability of auxiliary requests in its reply on the patent amendment application, holding that the submissions were a permissible deepening of earlier arguments and not late-filed new matter.
2025-04-23UPC_CFI_537/2024Hamburg LDApplication RoP262AProceduralProcedural onlyProcedural order granting Nintendo's request for confidentiality protection (Rule 262A RoP) of sales data in their Statement of Defence. Access to unredacted information restricted to two named reliable persons on the Claimant's side, subject to conditions. Claimant's request for access for two specific employees was accommodated.
2025-03-03UPC_CFI_492/2024Copenhagen LDApplication for preserving evidence pursuant to RoP192EvidenceProcedural onlyOrder by the Copenhagen Local Division in preservation of evidence proceedings. The court ruled that the supplementary IT expert report from the evidence preservation procedure may be disclosed to the parties' representatives under confidentiality obligations. The court declined to impose penalty payments at that stage. Costs deferred to main proceedings.
2025-02-21ACT_61342/2024Hamburg LDApplication for provisional measuresPreliminary injunctionPI deniedThe Hamburg Local Division dismissed Teleflex Life Sciences II LLC's application for provisional measures against Speed Care Mineral GmbH regarding hemostatic wound-care products, because Teleflex failed to demonstrate with sufficient certainty that the attacked embodiment contained a 'binder' as required by the patent claims, and the burden of proof was not reversed.
2025-02-19ACT_7940/2024Hamburg LDInfringement ActionInfringement meritsNot infringedHamburg Local Division final decision in infringement action (with revocation counterclaim) concerning a patent for reducing latency in wireless network data packet processing (claimed as standard-essential). Both the infringement claim and the revocation counterclaim were dismissed. The court found non-infringement after interpreting the patent claims with reference to the description and drawings (Art. 69 EPC), concluding that the defendant's Cisco products did not implement the claimed DMA-based simultaneous header writing mechanism. The revocation counterclaim also failed. Costs were split: claimant to bear 40%, defendants 60%.
2024-12-20UPC_APP_62866/2024Hamburg LDApplication Rop 333ProceduralProcedural onlyThe Hamburg Local Division rejected Harvard/10x Genomics' request to file a further auxiliary request to amend the patent, finding the application was filed approximately three months after the reason for amendment arose and would risk delaying proceedings.
2024-12-11UPC_CFI_664/2024Hamburg LDGeneric OrderProcedural onlyProcedural order of Hamburg Local Division in Hand Held Products v Scandit AG (EP 3 764 271) clarifying the correct service date of the statement of claim on the defendant (a Swiss company). The court held that R. 271.6 RoP (10-day fiction for registered post) does not apply to service in Switzerland under the Hague Service Convention, and that the actual service date of 20 November 2024 applies.
2024-11-19UPC_APP_53752/2024Hamburg LDApplication RoP262AProceduralProcedural onlyThe Hamburg Local Division judge-rapporteur issued a confidentiality order under Rule 262A RoP, granting limited access to a partially-redacted patent transfer agreement to the defendants' legal representatives and named in-house counsel, while restricting access to in-house counsel responsible for technical (rather than legal) analysis.
2024-11-19UPC_APP_53752/2024Hamburg LDApplication RoP262AProceduralProcedural onlyThe Hamburg Local Division issued a confidentiality order under R. 262A RoP in Daedalus Prime LLC's infringement action against Xiaomi, classifying information about the patent transfer agreement as confidential and restricting in-house access to designated lead legal counsel only.
2024-11-18UPC_APP_59463/2024Hamburg LDGeneric applicationProceduralProcedural onlyThe Hamburg Local Division issued a preliminary order granting the claimant's request to rectify the name of Defendant 1 from Nintendo of Europe AG to Nintendo of Europe SE, following a universal succession. The order also addressed the start date of deadlines for filing statements of defence.
2024-10-11UPC_APP_51661/2024Hamburg LDApplication Rop 333ProceduralProcedural onlyThe Hamburg Local Division panel reviewed a confidentiality order restricting access to a statement of defence and witness statement, addressing whether two US attorneys employed by the claimant should be admitted to the confidentiality club.
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.
2024-09-09ACT_50855/2024UnknownPreliminary injunctionPI grantedThe Hamburg Local Division granted a preliminary injunction (interim measures) to Koninklijke Philips N.V. against Shenzhen Yunding Information Technology Co., Ltd., ordering the immediate seizure of infringing oral cleaning system products at the IFA 2024 trade fair in Berlin. The order was based on alleged direct infringement of EP 3 197 316.
2024-09-09UPC_CFI_516/2024Hamburg LDApplication for provisional measuresPreliminary injunctionPI grantedThe 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.
2024-09-09UPC_CFI_88/2024Hamburg LDGeneric applicationProcedural onlyPreliminary 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.
2024-08-26UPC_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.
2024-08-09UPC_CFI_278/2023Hamburg LDApplication RoP262AProceduralProcedural onlyHamburg 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.
2024-07-25UPC_APP_42733/2024Hamburg LDGeneric applicationProceduralProcedural onlyHamburg Local Division procedural order on Xiaomi defendants' request for a two-week extension of the deadline for filing their statement of defence and any counterclaim for revocation. Xiaomi argued it needed technical information from chipmaker MediaTek about the allegedly infringing chip functions, subject to restrictive confidentiality obligations, which could not yet be obtained in time. Daedalus Prime (claimant) opposed the extension, arguing no exceptional reasons had been shown.
2024-06-26UPC_CFI_123/2024Hamburg LDApplication for provisional measuresPreliminary injunctionPI deniedThe 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.
2024-06-26UPC_CFI_124/2024Hamburg LDApplication for provisional measuresPreliminary injunctionPI deniedThe 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.
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