UPC Analytics
ENDE

Decisions

DateCaseDivisionActionMotionOutcomeSummary
2026-01-13UPC_CFI_1624/2025Munich LDApplication For CostsCostsProcedural onlyThe Munich Local Division (in German) granted the claimant re-establishment of rights under R. 320 RoP for missing the deadline to initiate cost proceedings following a cost ratio decision, finding an excusable misunderstanding of the legal situation despite legal representation; a dissenting opinion was appended.
2026-01-13UPC_CFI_1624/2025Munich LDApplication For CostsCostsProcedural onlyThe Munich Local Division (English version) granted the claimant re-establishment of rights under R. 320 RoP for missing the deadline to initiate cost proceedings, with a dissenting opinion holding the application should be inadmissible for lack of legal interest.
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.
2025-09-09UPC_APP_35786/2025Munich LDGeneric applicationProceduralProcedural onlyMunich Local Division procedural order in infringement proceedings concerning a patent for robot vacuum cleaners (EP 3 494 446) brought by Papst Licensing against Ecovacs entities. ECOVACS Europe GmbH (defendant 2) requested an extension of deadlines for preliminary objection (to 26 September 2025) and for statement of defence/revocation counterclaim (to 26 November 2025), on the condition that it would also accept service and act as representative for the other Ecovacs defendants not yet separately represented. This would create uniform deadline arrangements for all defendants.
2025-09-04UPC_APP_35977/2025Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division issued a procedural order in the UERAN Technology v. Xiaomi infringement proceedings, addressing scheduling and procedural management of the multi-defendant action concerning EP 2 661 133.
2025-09-04UPC_APP_33992/2025Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division issued a procedural order addressing Belparts Group N.V.'s application under R.302.3 RoP to have the counterclaim for infringement from parallel Central Division Paris proceedings consolidated with the present infringement action against IMI Hydronic entities concerning EP3812870.
2025-09-04UPC_APP_35978/2025Munich LDGeneric applicationProceduralProcedural onlyProcedural order from the Munich Local Division (UPC_CFI_610/2025) on a request by Xiaomi Technology Germany GmbH to set uniform deadlines for all defendants in a new infringement action by UERAN Technology LLC, pending service on remaining Xiaomi defendants. The order addressed procedural harmonisation where most defendants had not yet been served.
2025-09-02UPC_APP_35439/2025Munich LDGeneric applicationProceduralProcedural onlyProcedural order of the Munich Local Division (presiding judge Zigann) granting claimants Shanghai Jinko and Zhejiang Jinko Solar's application to stay the infringement proceedings (UPC_CFI_119/2025) under Rules 295(d) and 295(m) RoP and the revocation proceedings (UPC_CFI_401/2025) under Rule 295(d) RoP against LONGi Solar and related defendants. The stay was requested because the parties were in ongoing comprehensive settlement negotiations. Most LONGi defendants consented; for Soltech Energy GbR (defendant 4), the stay was justified in the interests of proper administration of justice. The interim conference and oral hearing dates were cancelled.
2025-07-29UPC_APP_33784/2025Munich LDGeneric applicationProceduralProcedural onlyMunich Local Division (judge-rapporteur Dr. Zigann) granted a stay of both the infringement action (ACT_53813/2024) by Syngenta Limited against Sumi Agro entities concerning EP 2 152 073 and the counterclaim for revocation, at the joint request of all parties (R. 295(d) RoP). The stay may be lifted by any party after 30 September 2025. Scheduled hearing dates (interim conference 6 October 2025, oral hearing 10 December 2025) were cancelled.
2025-07-24UPC_APP_33424/2025Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division issued a procedural order partially granting the claimants' request to use private interpreters at the oral hearing, permitting the interpreters to participate from an overflow room rather than in the main courtroom.
2025-07-22UPC_APP_23201/2025Munich LDGeneric applicationEvidenceProcedural onlyMunich Local Division full panel order (Zigann/Pichlmaier/Schober) in inspection/evidence preservation proceedings (Beweissicherungsverfahren) between Nanoval GmbH & Co. KG (applicant) and ALD Vacuum Technologies GmbH (respondent) concerning EP 3 083 107. The court dismissed ALD's application to revoke the inspection order of 3 February 2025 under R. 198.1 VerfO, finding that Nanoval had filed the main action (on 3 May 2025) within the prescribed time limit. The court clarified (headnotes) that: (1) the court has no discretion over the length of the R. 198.1 period but does have discretion over its start date; (2) the rapporteur may change the start date if the expert report is delivered late; (3) such a procedural order is subject to panel review under R. 333 VerfO within 15 days.
2025-07-21UPC_APP_33240/2025Munich LDGeneric applicationProceduralProcedural onlyProcedural order recording the outcome of a FRAND interim conference on 21 July 2025 in Lenovo v. ASUSTek Computer (Munich Local Division, EP 3 682 587). The conference addressed the FRAND defence. Both parties need at least one month to continue settlement negotiations. The court set deadlines for further FRAND submissions (ASUS by 11 August 2025, Lenovo by 1 September 2025), confirmed the oral hearing on 19 November 2025 and a further interim conference on 25 September 2025 by video.
2025-07-17ORD_22245/2025Munich LDGeneric OrderProceduralProcedural onlyThe Munich Local Division issued a scheduling order following the interim conference in the Sanofi v. Accord/STADA/Reddy/Zentiva infringement actions, setting out next procedural steps pending the written reasoning from the EPO Board of Appeal decision on the relevant patent.
2025-07-17ORD_22246/2025Munich LDGeneric OrderProceduralProcedural onlyThe Local Division Munich issued a case management order following an interim conference in parallel infringement proceedings by Sanofi against multiple generics manufacturers (Accord, STADA, Reddy, Zentiva) concerning EP 2 493 466, noting EPO BoA uphold of the patent, scheduling the oral hearing for October 2025, and addressing expert evidence and confidentiality of interim damages calculations.
2025-07-03UPC_APP_32024/2025Munich LDGeneric applicationProceduralDismissedMunich Local Division (3 July 2025) dismissed Lenovo's application for an extension of time, holding that the application lacked any legal interest because the UPC case management system's scheduled downtime was already automatically covered by R. 301.2 RoP's automatic extension provision.
2025-07-02UPC_APP_28415/2025Munich LDGeneric applicationProceduralProcedural onlyProcedural order on a security-for-costs application by claimant SWARCO FUTURIT against intervener Shenzhen Dianming Technology Co., Ltd. The court addressed whether an admitted intervener is subject to security-for-costs obligations under R. 158 RoP. Intervener's primary request to reject the security application was considered; a separate ruling on the merits of the security application was issued.
2025-06-27UPC_APP_24524/2025Munich LDApplication Rop 333ProceduralProcedural onlyProcedural order from the Munich Local Division (UPC_CFI_148/2024 and UPC_CFI_503/2024) on Zentiva's application under R. 333 RoP for panel review of the judge-rapporteur's case management order of 8 May 2025 in Sanofi's infringement action concerning EP 2 493 466. The full panel reviewed how preliminary objections should be handled and the timetable for subsequent proceedings.
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.
2025-06-03UPC_APP_23569/2025Munich LDApplication Rop313ProceduralProcedural onlyThe Munich Local Division granted the application by Shenzhen Dianming Technology Co., Ltd. to join UPC_CFI_245/2025 (SWARCO FUTURIT v Yunex GmbH, EP 2 643 717) as an intervener (Streithelferin) supporting the defendant. The Court also rejected Yunex's earlier application for intervention given it was superseded. Shenzhen Dianming was given 10 days to submit its intervention brief and to respond to the security for costs application.
2025-05-28ORD_25482/2025Munich LDGeneric OrderEvidenceProcedural onlyOrder of the Munich Local Division on a review (Rule 197.3 RoP) requested by ALD Vacuum Technologies GmbH of an ex-parte evidence preservation and inspection order made on 3 February 2025 in favour of Nanoval GmbH & Co. KG concerning EP 3 083 107. After an oral hearing, the panel reviewed whether the evidence preservation order should be upheld or annulled.
2025-05-08UPC_APP_17291/2025Munich LDGeneric applicationProceduralProcedural onlyLengthy procedural order from Munich Local Division in consolidated infringement proceedings by Sanofi entities against multiple generic pharmaceutical companies (Accord, STADA, Dr. Reddy's, Zentiva) concerning EP 2 493 466 (insulin glargine). The order (judge-rapporteur Zigann) addresses numerous procedural matters including damages assessment timing, stay pending EPO Board of Appeal proceedings, and schedule for further pleadings. No substantive ruling; oral hearing deferred to await EPO BoA outcome.
2025-04-23UPC_APP_19188/2025Munich LDGeneric applicationProceduralProcedural onlyProcedural order of the Munich Local Division (presiding judge Zigann) granting Samsung's request to set a uniform service date of 5 May 2025 and uniform Statement of Defence deadline of 5 August 2025 for all defendants in Maxell Ltd.'s infringement action concerning EP 2 403 266. The parties had agreed on the virtual service date to harmonise the deadline regime given that service on Samsung Electronics Co. Ltd. in Korea had not yet been completed.
2025-04-22UPC_APP_18755/2025Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division issued a procedural order confirming service of the statement of claim on a Chinese defendant (via voluntary appointment of Hogan Lovells), granting a five-week extension of the defence deadline, and providing instructions on case management system access for multiple defendants.
2025-04-16UPC_APP_16059/2025Munich LDGeneric applicationProceduralProcedural onlyProcedural order from Munich Local Division Panel 1 (Heraeus Electronics/Precious Metals v. Vibrantz GmbH, EP 3 215 288) on a time-period extension request by claimant Heraeus. The court corrected the start date of Heraeus's reply deadline to 18 March 2025 (the date the UPC representative was granted access to unredacted documents) rather than 17 March. The extension request citing confidentiality-club members' vacation was rejected: it is the free decision of members to be absent, and this cannot affect procedural deadlines. Vibrantz's request for clarification of its own deadline was addressed.
2025-04-14ORD_17984/2025Munich LDGeneric OrderProceduralProcedural onlyMunich Local Division procedural order (judge-rapporteur Dr. Zigann) in an infringement action by Shanghai Jinko Green Energy Enterprise Management Co. / Zhejiang Jinko Solar Co. against LONGi and other solar energy defendants concerning EP 4 372 829 (solar panel technology), addressing service issues for defendants who had not yet appointed UPC representatives. The order sets out the service status for each defendant and takes steps to ensure proper service on unrepresented defendants (including Soltech Energy GbR, which had failed to collect a Deutsche Post notification).
2025-04-14UPC_APP_16679/2025Munich LDNotice of intention to enforce (RoP118.8)EnforcementProcedural onlyMunich Local Division procedural order (judge-rapporteur Dr. Zigann) in a separate costs/enforcement proceedings following the Edwards Lifesciences v. Meril infringement decision of 4 April 2025 (ORD_598588/2023, UPC_CFI_501/2023, concerning EP 3 669 828). Edwards notified the court of its intention to enforce parts of that decision (R. 118.8 RoP) and requested an authentic certified paper copy. The parties agreed Meril would not request a translation; the court ordered the Registry to issue an authentic paper copy to Edwards. The parties also agreed on extended timelines for Meril to comply with specific obligations.
2025-04-14ORD_16018/2025Munich LDGeneric OrderProceduralProcedural onlyMunich Local Division order (judge-rapporteur Zigann) in infringement proceedings by Jinko Solar entities against LONGi and other solar companies concerning EP 4 372 829. The order addresses service on defendants domiciled outside Germany and the EU, including follow-up steps for defendants not yet served. No substantive ruling on infringement or validity.
2025-04-14UPC_APP_15498/2025Munich LDAmend DocumentProceduralProcedural onlyMunich Local Division order on Syngenta's application (R. 263 RoP) for leave to amend its claim in infringement proceedings concerning a pesticide patent to extend the territorial scope of its claim to Poland, Czech Republic and the United Kingdom. Sumi Agro opposed the amendment. The order addresses the conditions for late amendment of claim and territorial expansion under R. 263 RoP.
2025-04-11UPC_APP_17187/2025Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division ruled on continuation of written proceedings in the 10x Genomics v. Bruker infringement action, holding that four auxiliary requests is a reasonable number under Rule 30.1(c) RoP and authorising continuation of the written procedure following the EPO Opposition Division's decision maintaining the patent in limited form.
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.
2025-04-01UPC_APP_15347/2025Munich LDGeneric applicationProceduralProcedural onlyProcedural order by Munich Local Division in Headwater Research v Samsung (EP 2 391 947) granting Samsung's requests (with Headwater's consent) to extend the deadlines for filing comments on pending applications (application to review case management order, generic application, application to amend pleadings) from 3 April 2025 to a later date.
2025-03-31UPC_APP_7618/2025Munich LDAmend DocumentProceduralProcedural onlyThe Munich Local Division granted JingAo Solar Co., Ltd.'s application to amend its patent claims under R. 30 RoP in response to counterclaim for revocation, clarifying that the patentee is not restricted to amending only claims directly targeted by invalidity grounds and that EPO-amended claim versions may be introduced into UPC proceedings.
2025-03-20ORD_13670/2025Munich LDGeneric OrderProceduralProcedural onlyThe Munich Local Division issued a one-paragraph order correcting a typographical error in a scheduling order for the oral hearing in the Adeia Guides v. Walt Disney patent infringement case concerning EP 2 793 430.
2025-03-19UPC_APP_11680/2025Munich LDApplication Rop 265ProceduralProcedural onlyProcedural order by Munich Local Division (UPC_CFI_146/2024, 26 March 2025) granting Medac's application to withdraw its third-party access application, ordering deletion of a confidential Sanofi letter that Medac had uploaded without authorisation, imposing the deletion costs on Medac, and issuing a formal warning to Medac's representative for negligent conduct in uploading a privileged document. The court declined to award costs in the R.262(1)(b) application.
2025-03-18UPC_APP_12933/2025Munich LDApplication Rop 265ProceduralWithdrawnThe Local Division Munich allowed the withdrawal of both the infringement action and the counterclaim for revocation filed by consent of both parties, terminated the proceedings, and ordered a partial refund of court fees to Scandit. No cost order was made between the parties.
2025-03-17UPC_APP_66581/2024Munich LDApplication RoP262AProceduralCosts onlyThe Local Division Munich issued a combined order on a cost decision application, a confidentiality request (R.262A RoP) regarding the cost decision documents, and a request to amend pleadings (R.263 RoP), determining the scope of confidentiality protection for fee schedules and invoices in Edwards Lifesciences vs. Meril cost proceedings.
2025-02-26UPC_APP_2369/2025Munich LDApplication Rop 362ProceduralProcedural onlyThe Munich Local Division issued a corrective order amending the operative part of a prior decision to reflect the substitution of the party in the revocation counterclaim proceedings, and deferred ruling on an application to bar proceedings under Rule 362 RoP until the main hearing.
2025-02-26ORD_9486/2025Munich LDGeneric OrderProceduralProcedural onlyProcedural order of the Munich Local Division in infringement and revocation counterclaim proceedings concerning a metal sintering preparation patent. The order addresses: (1) correction of a prior order of 2 December 2024 by adding an operative clause ordering the substitution of the counter-claimant in the revocation proceedings from Heraeus Precious Metals to Heraeus Electronics; (2) request for review by the panel under R. 333 RoP; and (3) a claimant application regarding the counterclaim under R. 362 RoP concerning the German designation of the patent.
2025-02-25UPC_APP_608/2025Munich LDApplication Rop 333ProceduralProcedural onlyThe Munich Local Division panel reviewed the judge-rapporteur's decision to grant only 40% court fee reimbursement (rather than 60% sought by Panasonic) following settlement-based withdrawal of the infringement actions and counterclaims.
2025-02-25UPC_APP_619/2025Munich LDApplication Rop 333ProceduralCosts onlyMunich Local Division panel order reviewing (R. 333 RoP) the judge-rapporteur's earlier decision to refund only 40% of court fees following withdrawal of infringement actions and counterclaims (after out-of-court settlement) in patent proceedings by Panasonic Holdings Corporation against Xiaomi entities (UPC_CFI_220/2023) and Guangdong OPPO Mobile (UPC_CFI_221/2023) concerning EP 3 024 163. Panasonic argued a 60% refund was due. The panel confirmed the 40% refund rate, finding the withdrawals occurred after closure of the written procedure (R. 370.9(b)(ii) RoP).
2025-02-25UPC_APP_516/2025Munich LDApplication Rop 333ProceduralSettledMunich Local Division order reviewing (under R. 333 RoP) an earlier order that granted only 40% court fee reimbursement following the parties' settlement and mutual withdrawal of infringement action and revocation counterclaims. The parties had agreed on settlement in late 2024 after intensive proceedings in a complex SEP case (OPPO vs Panasonic re EP 2 197 132). The claimant challenged the 40% reimbursement, arguing that 60% should apply, contending the case qualified as exceptional under R. 370.9(e) RoP given the extraordinary amount of work the court had performed (far above average). The order addresses what constitutes an 'exceptional case' permitting reduction of the standard fee refund schedule.
2025-02-24UPC_APP_7141/2025Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division issued a procedural order following an interim conference in the Hand Held Products v. Scandit infringement action, addressing issues including partial withdrawal of claims for direct infringement, Rule 36 requests, and workflow obligations under the case management system.
2025-02-19UPC_APP_5727/2025Munich LDApplication Rop 265ProceduralSettledThe Munich Local Division granted Dyson Technology Limited's withdrawal of its infringement action and SharkNinja's withdrawal of its counterclaim for revocation following an out-of-court settlement, with 60% of court fees to be reimbursed to each withdrawing party and no cost applications to be filed.
2025-02-19UPC_CFI_156/2024Munich LDGeneric OrderProcedural onlyThe Munich Local Division granted Chainzone Technology's application for access to the court file under Rule 262.1(b) RoP in evidence-preservation proceedings. Access was granted following SWARCO's lack of objection, noting that Chainzone had been admitted as an intervener in parallel proceedings before the Vienna Local Division.
2025-02-19UPC_CFI_156/2024Munich LDApplication for preserving evidence pursuant to RoP192Procedural onlyOrder of the Munich Local Division (full panel) in evidence-preservation proceedings brought by SWARCO FUTURIT Verkehrssignalsysteme against Yunex GmbH concerning EP 2 643 717 (traffic signal systems). Following resolution of the evidence-preservation application, the court addressed procedural questions: (1) Rule 360 RoP applies by analogy to evidence-preservation proceedings; (2) Rule 198.1 RoP applies by analogy in cases of resolution of an evidence-preservation application; (3) costs are reserved for the main proceedings. The order also addressed standards for specific and substantiated denial of facts (Regel 171.2 and 284 RoP).
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.
2025-01-30UPC_APP_4703/2025Munich LDGeneric applicationProceduralProcedural onlyProcedural order of the Munich Local Division (presiding judge Zigann) granting Disney defendants' request to set a uniform deadline of 11 March 2025 for filing the Statement of Defence with Counterclaim for Revocation for all three Disney defendants in Adeia Guides Inc.'s infringement action concerning EP 2 793 430. The request was agreed between the parties, with Defendants accepting virtual service of the Statement of Claim, and was justified by the substantial workload from parallel proceedings and upcoming business travel.
2025-01-27ORD_4350/2025Munich LDGeneric OrderProceduralProcedural onlyMunich Local Division (27 January 2025) procedural order deciding that the panel will hear the infringement action and the counterclaim for revocation together, and requesting assignment of a technically qualified judge.
Page 1 of 3 · 116