UPC Analytics
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Decisions

DateCaseDivisionActionMotionOutcomeSummary
2026-02-11UPC_CFI_1648/2025Dusseldorf LDApplication Rop 265ProceduralSettledThe Düsseldorf Local Division accepted the withdrawal of Avago Technologies' infringement action against Telefónica Germany concerning EP 1 954 091, noting the parties had reached an out-of-court agreement rendering a cost decision unnecessary.
2026-01-26UPC_CFI_1064/2025Munich LDInfringement ActionProceduralProcedural onlyOrder of the President of the Court of First Instance granting Nordmeccanica's application under R.323 RoP to change the language of proceedings from German to English. The court held that when the balance of interests is equal, the defendant's position is decisive, and that Nordmeccanica (an Italian company) would be disadvantaged by proceedings in German. The language was changed to English.
2026-01-20UPC_CFI_1506/2025Munich LDInfringement ActionProceduralProcedural onlyOrder of the President of the Court of First Instance granting Pinterest's application under R.323 RoP to change the language of proceedings from German to English. The court held that although Pinterest Germany is based in Germany, the working language of the entire Pinterest group is English, and the need for coordinated internal communication outweighed the claimant's interest in German proceedings.
2025-12-10UPC_CFI_316/2024Dusseldorf LDCounterclaim for revocationRevocation meritsInfringedThe Düsseldorf Local Division found indirect infringement of EP 2 061 575 B1 by Altech Makina and granted an injunction with removal from channels of commerce, while dismissing the revocation counterclaim; the infringement action was otherwise dismissed in part, with claimant bearing 30% and defendant 70% of costs.
2025-12-04UPC_CFI_307/2025Dusseldorf LDGeneric OrderProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order in the Aesculap v. Shanghai Bojin medical instrument case, scheduling the oral hearing and addressing requests for claim extension (R. 263), addition of a party (R. 305), and reinstatement in prior status (R. 320).
2025-11-19UPC_CFI_87/2025Dusseldorf LDGeneric OrderProceduralProcedural onlyThe Düsseldorf Local Division ruled on InterDigital's application for a further round of written pleadings under R. 36 RoP against Disney entities in a video streaming patent case concerning EP 2 449 782.
2025-11-03UPC_CFI_662/2025Mannheim LDInfringement ActionInfringement meritsDismissedThe Mannheim Local Division rejected the preliminary objection (R.19 RoP) filed by multiple Geely group defendants challenging the jurisdiction and competence of the Mannheim Local Division. The Court found it had jurisdiction under Art. 33(1)(b) UPCA over all defendants as they are members of the same corporate group, share business relations as required, and face the same infringement allegation regarding the same patent claim. The Court also established that the requirement of a 'business relationship' under Art.33(1)(b) UPCA does not require complete identity of infringing acts but merely that the accused acts are aligned in purpose. The infringement action on the merits continues.
2025-10-29UPC_CFI_743/2025Munich LDInfringement ActionProceduralProcedural onlyOrder of the President of the Court of First Instance granting Skechers' application under R.323 RoP to change the language of proceedings from German to English. The court held that all Skechers subsidiaries except one are based outside Germany, that the group's internal working language is English, and that conditions of enforcement of any future judgment were of lesser relevance than the parties' coordination needs during proceedings.
2025-10-16UPC_CFI_564/2024Munich LDCounterclaim for revocationRevocation meritsWithdrawnThe Munich Local Division permitted the withdrawal of the defendants' counterclaim for revocation of EP 2 387 547 under R. 265.1 RoP, after the main infringement/revocation proceedings had already been decided on 22 August 2025 and within the appeal period, with no costs order by agreement of the parties.
2025-10-15UPC_CFI_247/2025Mannheim LDInfringement ActionInfringement meritsWithdrawnHuawei Technologies Co. Ltd. withdrew its infringement action against MediaTek Inc. and MediaTek Germany GmbH, and MediaTek Germany GmbH also withdrew its counterclaim for revocation, both with mutual consent, before the close of the written procedure. Neither party sought costs. Both Huawei and MediaTek Germany were each ordered a partial reimbursement of court fees (60%) under R.370.9(b)(i) and R.370.11 RoP.
2025-10-02UPC_CFI_496/2025Dusseldorf LDGeneric OrderProceduralProcedural onlyThe Düsseldorf Local Division issued a rectification order correcting a clerical error in the decision of 29 September 2025 in the Headwater v Samsung proceedings concerning EP 3 110 072.
2025-09-29UPC_CFI_496/2025Dusseldorf LDApplication Rop 265ProceduralWithdrawnThe Düsseldorf Local Division recorded Headwater Research LLC's withdrawal of its infringement action against Samsung Electronics entities concerning EP 3 110 072, with 60% of court fees reimbursed as the withdrawal occurred before closure of the written procedure.
2025-08-22UPC_CFI_248/2024Munich LDInfringement ActionPatent amendedMunich Local Division found infringement of EP 2 387 547 (water filter cartridge patent) in an amended form and issued a permanent injunction against the defendants (AQUASHIELD entities). The patent was maintained in an amended form pursuant to auxiliary requests. The Court also ordered disclosure of information and declared defendants liable for damages from 23 May 2019. The infringement claim was partly dismissed and costs split 50/50.
2025-07-10UPC_CFI_213/2025Dusseldorf LDApplication for provisional measuresPreliminary injunctionPI grantedThe Düsseldorf Local Division granted Aesculap AG a preliminary injunction against Shanghai International Holding Corporation GmbH (Europe) based on EP 2 892 442 B1 (surgical instrument), with the court proceeding on the merits despite the defendant's non-appearance at the oral hearing; the defendant's general denial without substantive engagement was deemed inadequate.
2025-07-09UPC_CFI_445/2025Mannheim LDApplication for provisional measuresProceduralProcedural onlyThe Mannheim Local Division issued a procedural order addressing service of the anti-anti-suit injunction application by InterDigital against Walt Disney entities in proceedings relating to EP 2 465 265, EP 3 259 902, EP 2 080 349, and EP 2 449 782 (video coding SEPs).
2025-06-05UPC_APP_25858/2025Munich LDApplication Rop 265ProceduralSettledThe Munich Local Division permitted Phoenix Contact GmbH & Co. KG's withdrawal of its patent infringement action against ILME entities concerning EP3602692 following a settlement, allowed cancellation of the scheduled oral hearing, and ordered 40% reimbursement of court fees under R.307.9 VerfO as the withdrawal occurred after closure of the written procedure.
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.
2025-05-02UPC_CFI_86/2025Mannheim LDGeneric applicationProcedural onlyOrder from the President of the Court of First Instance dated 2 May 2025, under R. 323 RoP, changing the language of proceedings in Mannheim Local Division case UPC_CFI_86/2025 to the language of the patent (as applied for by The Walt Disney Company entities as defendants). The order sets out principles on language change: the possibility of changing to the patent language does not conflict with the claimant's initial choice; the defendant's position is decisive when the balancing of interests is equal; and since the claimant has flexibility in choosing where to file, the language of the patent is generally not unfair to the claimant.
2025-04-01UPC_CFI_614/2024Munich LDApplication Rop 265SettledThe Munich Local Division confirmed withdrawal of Mann+Hummel GmbH's application for provisional measures against Sotras S.R.L. concerning EP 2 762 219 following an out-of-court settlement. The court declared the proceedings closed, agreed that no costs application would be made, and ordered 60% reimbursement of court fees to Mann+Hummel.
2025-03-25UPC_APP_14382/2025Dusseldorf LDApplication Rop 365ProceduralSettledThe Düsseldorf Local Division confirmed a settlement between Nichia Corporation and Endrich Bauelemente Vertriebs GmbH in an infringement action concerning EP 2 323 178, and ordered reimbursement of 60% of court fees to the claimant as the settlement was reached during the written procedure.
2025-03-19UPC_CFI_696/2024Munich LDApplication For CostsCosts onlyCosts assessment decision (Kostenfestsetzungsverfahren) by Munich Local Division in MSG Maschinenbau v EJP Maschinen (EP 3 225 320). The court determined the recoverable costs for both the infringement action and the revocation counterclaim. Costs must be both 'reasonable' (necessary from an ex ante perspective) and 'proportionate' (amount not disproportionate to the dispute value, complexity and prospects). Costs for preparing the costs application itself are recoverable. The costs of a third law firm (Hausanwalt) beyond the two official UPC representatives were not reimbursable due to lack of demonstrated necessity.
2025-03-19UPC_CFI_696/2024Munich LDApplication For CostsCosts onlyCosts assessment decision in proceedings between MSG Maschinenbau GmbH (defendant in the underlying infringement action, now claimant in costs proceedings) and EJP Maschinen GmbH. MSG was ordered to pay EJP a total of EUR 33,224.50 in recoverable costs within 21 days. The remainder of EJP's costs claims were rejected. No interest on costs awarded.
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).
2025-01-27UPC_CFI_244/2024Munich LDGeneric OrderProcedural onlyThe Munich Local Division ordered a small company (claimant in infringement proceedings, Snowpixie Co., Ltd.) to provide security for costs under Rule 158 RoP based on its operating losses and insufficient assets. The court reduced the security amount to reflect equity principles ensuring effective access to justice. The court also denied legal aid (Prozesskostenhilfe) to the claimant, finding it had sufficient resources given it was supported by a litigation funder.
2025-01-27UPC_CFI_244/2024Munich LDGeneric OrderProcedural onlyProcedural order requiring SnowPixie Co., Ltd. (defendant/applicant) to provide security for costs pursuant to Rule 158 RoP, in an amount below the EUR 260,000 demanded by the opposing party (claimant), taking into account SnowPixie's status as a small enterprise and equity considerations. The application for legal aid (Prozesskostenhilfe) was rejected.
2025-01-16UPC_CFI_33/2024Vienna LDInfringement ActionInfringement meritsInfringedVienna Local Division found that Strabag Infrastructure & Safety Solutions GmbH infringed SWARCO FUTURIT's European Patent EP 2 643 717. The Court granted an injunction, recall of infringing products from distribution channels, provision of information and destruction of infringing products. Damages were referred to a separate assessment procedure. A validity defence was not considered as no counterclaim for revocation was filed. SWARCO's request to publish the judgment was rejected; Strabag and the intervener were ordered to bear costs.
2024-12-20UPC_APP_56734/2024Munich LDApplication RoP262.1 (b)ProceduralProcedural onlyProcedural order by Munich Local Division in Phoenix Contact v ILME (EP 3 602 692) on an application by HARTING Electric (opponent in parallel EPO opposition proceedings) for public access to the file under R. 262.1(b) RoP. The court held that a pending EPO opponent has a legal interest in access to the UPC file during the proceedings and granted the application.
2024-12-20UPC_CFI_541/2024Mannheim LDGeneric OrderPI grantedOrder from the Mannheim Local Division dated 20 December 2024 granting provisional measures requested by G. Pohl-Boskamp GmbH & C. KG against pharma-aktiva GmbH, ALDI SÜD, ALDI Nord, ALDI SE, and Hofer KG (Austria) for alleged infringement of EP 1 993 363 B1 (a composition for combating ectoparasites). The provisional measures order prohibits defendants from manufacturing, offering, distributing, using, importing or stocking the infringing products in Germany (defendants 1–4) and Austria (defendants 1 and 5). A penalty of EUR 100 per item non-compliance was imposed. The respondents were also ordered to surrender products in their possession. Defendants were ordered to pay a preliminary cost reimbursement of EUR 11,000 jointly. The measures are effective immediately and will lapse if Syngenta does not commence main proceedings within 31 calendar days / 20 working days from 20 December 2024.
2024-10-11ORD_56109/2024Munich LDGeneric OrderCostsWithdrawnThe Munich Local Division accepted the withdrawal of MSG Maschinenbau GmbH's infringement action and declared the revocation counterclaim moot (gegenstandslos), following the parties' agreement. Each party bears its own costs; partial court fee refunds were ordered for both sides.
2024-10-11UPC_CFI_193/2024Munich LDGeneric OrderInfringedDefault judgment granted against ARCORA International GmbH for infringement of EP 3 760 094 B1 (floor cleaning device patent). ARCORA was ordered to cease and desist from offering and placing the infringing product on the market, and to provide accounting information. Partial withdrawal of claims permitted. ARCORA bears 90% of costs, i-mop 10%.
2024-10-10UPC_CFI_483/2023Dusseldorf LDInfringement ActionRevokedDüsseldorf Local Division revoked EP 3 223 320 for Germany, France, Italy, and the Netherlands based on the counterclaim for revocation, finding the patent was invalid due to added matter (Art. 138(1)(c) EPC / Art. 123(2) EPC). The infringement action was dismissed as a result. Seoul Viosys (claimant) was ordered to bear all costs.
2024-09-11UPC_CFI_127/2024Munich LDGeneric applicationProcedural onlyMunich Local Division ordered correction of party designations under R.305 RoP by analogy. The Court corrected the names and addresses of defendants 3 and 5 following identification that one defendant did not exist at its stated address and another was incorrectly named. The Registry was instructed to re-serve the statement of claim on the corrected defendant 5.
2024-09-05UPC_CFI_486/2024Dusseldorf LDApplication for provisional measuresPreliminary injunctionPI deniedThe 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.
2024-08-12UPC_APP_36807/2024Vienna LDApplication RoP262.1 (b)ProceduralProcedural onlyOrder on a public-access application (R. 262.1(b) RoP) filed by DMV industrijski kontrolni sistemi d.o.o. seeking access to pleadings and evidence in an ongoing infringement case (SWARCO Futurit v. STRABAG, Vienna Local Division) involving EP 2 643 717. The court held that, for pending proceedings, a third-party applicant must show a legally qualified interest (beyond mere informational or economic interest) to outweigh the interest in protecting the integrity of ongoing proceedings. The application was denied as the proceedings were still pending.
2024-07-12UPC_CFI_363/2023Dusseldorf LDGeneric applicationmotionName.jurisdictionalProcedural onlyProcedural order on a request for court-provided simultaneous interpretation. The court held that where a party's representatives master one of the permitted languages of the local division, court-provided interpretation is not available merely because the claimant chose a different permitted language in which those representatives are less proficient. The party may arrange its own interpreter at its own cost.
2024-07-11UPC_APP_40022/2024Munich LDGeneric applicationCostsWithdrawnMunich Local Division accepted withdrawal of KraussMaffei Extrusion GmbH's infringement action against TROESTER GmbH & Co. KG (EP 3 221 117). The parties reached an out-of-court settlement notified on 9 July 2024. The hearing date of 3 September 2024 was vacated, withdrawal permitted, and proceedings declared closed. Claimant was entitled to a 20% refund of court fees under R. 370.9(b)(iii) RoP as the written procedure had not yet been completed at the time of withdrawal (the oral hearing had taken place but further submissions had been ordered).
2024-07-11UPC_CFI_181/2023Munich LDInfringement ActionInfringement meritsSettledThe Munich Local Division confirmed the withdrawal of KraussMaffei Extrusion GmbH's infringement action against Troester GmbH & Co. KG concerning EP 3 221 117, following an out-of-court settlement reached by the parties after the oral hearing of 16 April 2024. The court also ordered partial reimbursement of court fees.
2024-05-13UPC_APP_26281/2024Munich LDGeneric applicationProceduralProcedural onlyOrder by Munich Local Division (UPC_CFI_127/2024, 15 May 2024) on Motorola Mobility Germany GmbH and Digital River Ireland Ltd.'s application to extend the preliminary-objection deadline (R. 19.1, R. 9.3(a) RoP) to align with the deadline for US-served co-defendants, citing procedural economy in a patent infringement action by Headwater Research LLC for EP 3 110 072.
2024-01-25no order number559935/2023 - application processed in hardcopy only (outside CMS)Hamburg LDDetermination of damages and compensationmotionName.damagesProcedural onlyThe Hamburg Local Division panel rejected Fives ECL's application under Rule 333 RoP to have the full panel review the judge-rapporteur's decision sustaining the defendant's objection (Einspruch), finding the review application inadmissible because that type of decision by the judge-rapporteur granting an objection is not subject to panel review under Rule 333 RoP.
2024-01-23UPC_CFI_181/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a post-interim-conference order in KraussMaffei v. TROESTER, confirming the oral hearing date of 16 April 2024, setting final pleading deadlines, fixing the value of the proceedings at EUR 2 million, and inviting parties to submit preliminary cost estimates.
2023-12-27UPC_CFI_181/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a procedural order in the KraussMaffei v. TROESTER infringement case, establishing rules for the protection of confidential information under Rules 262 and 262A RoP, clarifying that confidentiality applications must be made at the time of initial filing or within 14 days, and that in exceptional circumstances protection may be granted via Rule 9 workflow.
2023-12-04UPC_CFI_363/2023Dusseldorf LDInfringement ActionProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order under Rules 302.1 and 302.2 RoP concerning possible bifurcation or severance of issues in an infringement action by Seoul Viosys Co., Ltd. against expert e-Commerce GmbH and others, involving EP 3 926 698 B1 and EP 3 223 320 B1.