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Decisions

DateCaseDivisionActionMotionOutcomeSummary
2025-10-17UPC_CFI_404/2025Munich LDGeneric OrderCostsCosts onlyThe Munich Local Division issued a costs decision in favour of Edwards Lifesciences against Meril, ruling on the reasonableness and proportionality of claimed costs including travel expenses and multiple representatives, and awarding costs in proceedings of above-average complexity.
2025-09-25UPC_CFI_897/2025The Hague LDApplication for preserving evidence pursuant to RoP192EvidenceProcedural onlyThe Hague Local Division issued an ex parte order for preservation of evidence (physical seizure of the SD-14010 seed counting machine) at the Seed meets Technology 2025 trade fair against Turkish company Esde Makine, regarding alleged infringement of Data Detection Technologies' EP 2 569 713.
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and recall orders and an interim costs award of €56,000; the application against defendant 1 (Wasombouw) was withdrawn after settlement.
2025-09-11UPC_APP_35855/2025Dusseldorf LDGeneric applicationProceduralCosts onlyOrder of the Düsseldorf Local Division (full panel) on Ona Patents SL's applications for reimbursement of court fees and release of security for costs following withdrawal of the infringement action against Apple Inc. and related entities. The parties agreed to cover their own costs. The court ordered reimbursement of 40% of court fees (EUR 20,000) under Rule 370.9(b)(ii) RoP, treating the case as equivalent to withdrawal in the interim procedure given the depth of the judge-rapporteur's involvement (an August 2025 order requesting extensive documentation comparable to a Rule 103 order). The security provided by Ona Patents was released under Rule 352.2 RoP.
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.
2025-08-15UPC_APP_34897/2025The Hague LDGeneric applicationProceduralProcedural onlyThe Hague Local Division granted parties' mutual request to stay the infringement proceedings until 13 February 2026 under Rule 295(d) RoP, following a joint application indicating settlement discussions.
2025-08-13UPC_APP_11672/2025The Hague LDProcedural OrderProceduralNot infringedThe Hague Local Division dismissed Winnow Solutions' infringement action against Orbisk B.V. (food waste monitoring system, EP 3 198 245), finding no infringement. The patent was partially revoked and Winnow was ordered to pay EUR 112,000 in legal costs.
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.
2025-06-03UPC_APP_21220/2025Munich LDGeneric applicationProceduralProcedural onlyMunich Local Division procedural order on Meril's applications (R. 353 RoP) for rectification of a decision of 4 April 2025 in infringement proceedings concerning a prosthetic heart valve patent (EP 3 669 828) between Edwards Lifesciences and Meril. Meril sought corrections to factual statements about which claims were alleged to be infringed (independent claims 1 and 12 vs. only claim 1 as independent). The order addresses the scope of rectification available under R. 353 RoP.
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.
2025-04-29UPC_APP_12962/2025The Hague LDApplication Rop 265ProceduralSettledThe Hague Local Division order granting withdrawal of both the infringement action (filed by Hand Held Products Inc.) and the counterclaim for revocation (filed by Scandit AG and Scandit Inc.) concerning EP 4 163 816, following a settlement between the parties. Both parties consented to withdrawal; no cost decisions were requested. The court also ordered 60% reimbursement of court fees to each party (written procedure not concluded in either action) and set the value of each action at EUR 3,000,000. The register was instructed to record the closure of both actions.
2025-04-14ORD_9091/2025Dusseldorf LDGeneric OrderProceduralProcedural onlyDüsseldorf Local Division decided, with the consent of the parties, to hear both the infringement action by Ona Patents SL against Apple Inc. (and affiliates) and Apple's counterclaim for revocation jointly, rather than bifurcating under Art. 33(3) UPCA. The court exercised its discretion under Art. 33(3)(a) UPCA in favour of joint hearing for reasons of efficiency and to ensure consistent interpretation of the patent by a single panel.
2025-04-09UPC_APP_7511/2025Dusseldorf LDApplication RoP262.1 (b)ProceduralProcedural onlyThe Düsseldorf Local Division issued an order on a request for public access to the register under R.262.1(b) RoP in the Dolby v. Beko/Arçelik infringement proceedings concerning the Opus Audio Codec patent EP 3 605 534, determining the scope of materials available to the public.
2025-04-09UPC_APP_60159/2024Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division judge-rapporteur issued a procedural order dealing with Meril's applications for cost reimbursement and confidentiality protection (R. 262A RoP) in the Edwards Lifesciences v. Meril proceedings. Following the judge-rapporteur's guidance, Meril withdrew the cost reimbursement applications. The order addressed the scope of confidentiality protection for legal fee invoices and related documents.
2025-04-09UPC_APP_59832/2024Munich LDGeneric applicationProceduralProcedural onlyProcedural order by Munich Local Division in Edwards Lifesciences v Meril Life Sciences concerning costs and confidentiality applications arising from a third-party access-to-file application by Erik Krahbichler (KIPA AB). Following withdrawal of Krahbichler's access application, Meril applied for a costs decision. The court dismissed Meril's costs application because a costs decision from the Central Division Paris on a related matter had already been issued, and because proceedings about access applications under R. 262.1(b) do not automatically give rise to separate costs decisions.
2025-02-19UPC_CFI_16/2025The Hague LDApplication for preserving evidence pursuant to RoP192EvidenceProcedural onlyThe Hague Local Division issued a procedural order concerning access to an expert's written report from evidence preservation proceedings, regulating a confidentiality regime for the report initially limiting access to defendants' representatives and later extending it to the applicant.
2025-02-17UPC_APP_66551/2024Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division rejected Meril's application for rectification of an infringement decision (ORD_598479/2023) under R. 353 RoP, finding that the alleged inaccuracies in the statement of facts did not constitute clerical errors or obvious slips warranting correction.
2025-02-10UPC_CFI_640/2024Munich LDApplication For CostsCosts onlyDecision of the Munich Local Division on a costs assessment (Kostenfestsetzung) following withdrawal of an application for provisional measures by SSAB Europe Oy and SSAB Swedish Steel GmbH against Tiroler Rohre GmbH after the oral hearing. The first-instance court had previously ordered Tiroler Rohre (the unsuccessful PI applicant) to bear costs including preparation of the protective brief. The costs decision addressed the reasonableness of hours billed by claimants' legal representatives, making deductions for excessive time entries across multiple tasks (protective brief, main PI proceedings, e-mail correspondence). Allowable costs were calculated for one attorney-at-law, one patent attorney, and a second patent attorney.
2025-01-29UPC_APP_68468/2024The Hague LDApplication Rop 265ProceduralWithdrawnOrder of The Hague Local Division permitting withdrawal of the infringement action by Abbott Diabetes Care Inc. against Dexcom Inc. and Dexcom International Limited, and withdrawal of the counterclaims for revocation by both defendants. All parties mutually consented. The Court also allowed claimant's request for 20% reimbursement of court fees under Rule 370.9 RoP.
2025-01-29UPC_APP_68465/2024The Hague LDApplication Rop 265ProceduralWithdrawnOrder from the Hague Local Division (UPC_CFI_424/2023) declaring infringement and revocation counterclaim proceedings closed following withdrawal of all claims by all parties. Both parties jointly requested withdrawal; the court found no final decision existed and no party had a legitimate interest in a court ruling. No cost decision was requested.
2025-01-22ACT_1474/2025The Hague LDApplication for preserving evidence pursuant to RoP192EvidenceProcedural onlyThe Hague Local Division granted Mammoet Holding B.V.'s application for preserving evidence against PTS Machinery B.V., ordering an expert inspection of the defendant's premises without prior hearing to gather evidence of alleged infringement of EP 4 171 996. Security of EUR 20,000 was required.
2025-01-10UPC_APP_3187/2024Munich LDInfringement ActionProceduralCosts onlyThe Munich Local Division ruled on the costs assessment in the Edwards v Meril preliminary injunction proceedings, holding that recoverable costs and disbursements assessed in a costs determination are not subject to interest.
2024-12-27UPC_APP_41756/2024Dusseldorf LDGeneric applicationProceduralProcedural onlyThe Düsseldorf Local Division considered Apple's request for security for legal costs against claimant Ona Patents SL (an NPE with minimal share capital), addressing the claimant's financial capacity to bear costs if the action is dismissed.
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.
2024-12-18ORD_66938/2024The Hague LDProcedural OrderProceduralProcedural onlyThe Hague Local Division (Judge-Rapporteur) ordered that Amycel's attempts to serve the Statement of Claim on the anonymous defendant (located in Poland, an EU country that is not a UPC Contracting Member State) constituted good service, that the Statement of Claim was deemed served on 18 November 2024, and set the time period for the defendant to lodge a Statement of Defence ending 18 February 2025.
2024-11-15UPC_APP_57746/2024Munich LDGeneric applicationProceduralProcedural onlyProcedural order from the Munich Local Division (UPC_CFI_15/2023) rejecting Meril's application to request information from the European Commission regarding antitrust investigations into Edwards Lifesciences' patent filing and litigation strategy. The Court declined to exercise its discretion to seek such information and denied Meril's request to reopen the oral procedure.
2024-11-15UPC_APP_56354/2024Munich LDGeneric applicationProceduralProcedural onlyProcedural order from Munich Local Division (full panel) in the infringement proceedings of Edwards Lifesciences Corporation against Meril GmbH and Meril Life Sciences Pvt Ltd. concerning EP 3 646 825. Defendants requested the court to ask the European Commission for information about antitrust investigations against Edwards. The panel declined the request at this stage as premature and disproportionate, noting that the merits (infringement and validity) would be assessed at the oral hearing first.
2024-11-15UPC_APP_60393/2024Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division issued a procedural order in the infringement action by Edwards Lifesciences Corporation against Meril GmbH and Meril Life Sciences Pvt Ltd. (UPC_CFI_15/2023, EP 3 646 825). The defendants' applications to request information from the European Commission about antitrust investigations involving Edwards were denied. The Court declined to approach the European Commission as this was neither ordered by the Court of its own motion nor within the procedural framework for the specific oral hearing.
2024-10-24UPC_APP_33127/2024Munich LDGeneric applicationCostsWithdrawnMunich Local Division decision following the applicant Tiroler Rohre GmbH's withdrawal of an application for provisional measures (R. 265 RoP) after the oral hearing and after the court had indicated concerns about granting the measures. The court dismissed the respondents' (SSAB) opposition to the withdrawal, holding that a legitimate interest in obtaining a substantive decision does not arise merely because the respondents incurred costs defending against the application, even where the applicant has announced forthcoming main proceedings on the same subject matter. The court also declined to order a preliminary costs decision in favour of respondents following withdrawal.
2024-10-11UPC_APP_3393/2024Munich LDProcedural OrderProceduralCosts onlyThe Munich Local Division issued a costs assessment order following provisional measures proceedings, determining recoverable legal costs for Hanshow's four defendant entities, finding a reasonable time expenditure of up to 150 hours per attorney and 40 hours per patent attorney, resulting in total assessed costs of approximately EUR 154,400.
2024-09-26ORD_53245/2024Dusseldorf LDGeneric OrderProceduralSettledThe Düsseldorf Local Division accepted the withdrawal of Dolby International AB's infringement action against Optoma entities following an out-of-court settlement. Each party bears its own costs; Dolby received a 60% refund of its court fees.
2024-07-29UPC_APP_39789/2024The Hague LDApplication RoP262.1 (b)ProceduralProcedural onlyProcedural order granting Powell Gilbert LLP's application for public access to the register (R. 262.1 RoP) in the Abbott Diabetes Care v Sibio Technology preliminary injunction proceedings. The court applied the criteria from Ocado v AutoStore and granted access despite objections from both Abbott and Sibio that proceedings were still ongoing on appeal.
2024-07-29UPC_APP_39761/2024The Hague LDApplication RoP262.1 (b)ProceduralProcedural onlyThe Hague Local Division granted law firm Powell Gilbert LLP's application for public access to the written pleadings and evidence in the provisional measures proceedings between Abbott Diabetes Care Inc. and Sibio Technology Limited / Umedwings Netherlands B.V. concerning EP 2 713 879 (a continuous glucose monitoring patent), following the conclusion of those proceedings by a final order. The court applied the Ocado v AutoStore criteria and held that Powell Gilbert had a legitimate interest in understanding the decision, and that the protection-of-integrity interest no longer applied once proceedings had ended at first instance (even if an appeal was pending, per CoA precedent). Annex E1 (confidential) was subject to further consideration.
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.
2024-06-21UPC_APP_35134/2024The Hague LDGeneric applicationProceduralProcedural onlyThe Hague Local Division rejected a request for simultaneous interpretation facilities between English and Polish at the oral hearing in the Amycel v. Spyra preliminary injunction proceedings, but granted a different request for interpretation under Rule 109.4 RoP after applying the double appropriateness test.
2024-05-15UPC_APP_15573/2024The Hague LDApplication RoP262AProceduralProcedural onlyThe Hague Local Division judge-rapporteur issued a confidentiality order under Rule 262A RoP, classifying experimental data relating to allegedly infringing Bioo Panels as confidential, granting access only to one named natural person per party plus legal representatives, subject to a proportionate penalty for breach.
2024-05-15UPC_APP_15573/2024The Hague LDApplication RoP262AProceduralProcedural onlyThe Hague Local Division granted Arkyne Technologies' (Bioo) application for a confidentiality order under R.262A RoP, protecting experimental data in the counterclaim proceedings, but limited access to one natural person within Plant-e and ordered that a proportionate penalty be assessed on a case-by-case basis for each breach.
2024-04-08UPC_APP_16619/2024Munich LDGeneric applicationProceduralProcedural onlyOrder from the Munich Local Division (UPC_CFI_501/2023) rejecting Meril's request for a three-week extension to file its Statement of Defence following a language change from German to English. The Court held that a language change agreed to shortly before the deadline does not constitute exceptional circumstances justifying an extension, consistent with the UPC's principle that extensions should be granted only in exceptional cases.
2024-03-05UPC_APP_7662/2024Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division denied Edwards Lifesciences Corporation's request to convert a scheduled video-conference intermediate hearing to an in-person hearing, and also denied the court-ordered simultaneous interpretation from German into English, ruling that the claimant had voluntarily chosen German as the language of proceedings and could arrange interpretation at its own expense under R. 109.2 RoP.
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.
2023-10-22UPC_APP_49415/2024Hamburg LDApplication Rop 333ProceduralProcedural onlyHamburg Local Division granted requests for production of documents under R.190/333 RoP in the context of an abuse of rights defence. The panel ordered claimants to produce specific internal documents relevant to an alleged abuse of rights objection raised by defendant Vizgen, including email correspondence and deposition transcripts from related US proceedings.