UPC Analytics
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Decisions

DateCaseDivisionActionMotionOutcomeSummary
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.
2025-10-27UPC_CFI_127/2025Milan LDApplication for preserving evidence pursuant to RoP192EvidenceProcedural onlyThe Milan Local Division, following panel review (R.333 RoP) at Xelom's request, confirmed the ex-parte evidence preservation order (sequestro / saisie) issued in favour of Prinoth S.p.A. against Xelom s.r.l. The order confirmed the preservation of evidence relating to EP 1 995 159 and EP 2 507 436 (snow grooming / ski slope preparation equipment). Key holdings: (1) For ex-parte evidence preservation, the court's assessment is necessarily ex ante and does not require proof of certain destruction—statistical probability of evidence alteration suffices. (2) Procedural correctness of the patent holder must be assessed relative to the patent at issue; references to foreign patent prosecution are irrelevant. (3) The adequate security (garanzia) must be proportionate to potential damage and costs of litigation at the evidence acquisition stage only, not projected across the entire future proceedings.
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.
2025-09-09UPC_APP_33377/2025Milan LDApplication Rop 265ProceduralSettledThe Milan Local Division allowed mutual withdrawal of all claims in the Oerlikon Textile v. Himson Engineering infringement action (UPC_CFI_240/2023) following a settlement reached by both parties, with costs fully offset.
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.
2025-07-29UPC_APP_24515/2025Milan LDGeneric applicationCostsCosts onlyThe Local Division Milan dismissed Oerlikon's application under R.353 RoP to rectify an alleged clerical error in a costs decision, finding that the EUR 80,000 total in the operative part was correct and consistent with the reasoning, and that the phrase referencing an additional EUR 20,000 was merely a drafting slip that did not alter the actual intended amount.
2025-07-15UPC_APP_24226/2025Milan LDApplication Rop 365ProceduralSettledMilan Local Division received Pirelli Tyre S.p.A.'s application under Rule 365 RoP to record a settlement agreement with Kingtyre Deutschland GmbH (effective 25 February 2025) in an infringement action over EP 2 519 412. The proceedings against Kingtyre Deutschland were to be withdrawn pursuant to the settlement; the settlement amount was to remain confidential. The case against Tianjin Kingtyre Group Co., Ltd. (no settlement) continues with all of Pirelli's claims maintained.
2025-07-14UPC_APP_26266/2025Milan LDGeneric applicationProceduralProcedural onlyThe Milan Local Division rejected Sichuan Yuanxing Rubber's application for re-establishment of rights under Rule 320 RoP to file a late request for review of the provisional seizure order executed at the EICMA trade fair, finding that Pirelli had properly served the order at the time of execution despite the respondent's refusal to accept service.
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.
2025-06-20UPC_APP_22313/2025Milan LDApplication Rop 333ProceduralProcedural onlyMilan Local Division panel dismissed Ericsson's application for review (Rule 333 RoP) of the judge-rapporteur's order refusing to impose an 'external eyes only' confidentiality regime for license agreements submitted as FRAND evidence. The panel held that Ericsson failed to substantiate the specific antitrust risk from allowing one Asustek employee access to the documents. Leave to appeal was granted to allow the Court of Appeal to set a standard on external-eyes-only confidentiality regimes in SEP/FRAND cases.
2025-06-02UPC_APP_25321/2025Milan LDGeneric applicationProceduralProcedural onlyThe Milan Local Division granted a joint request by Dainese S.p.A., Alpinestars S.p.A. and associated defendants to stay proceedings relating to EP 3 498 117 pending the outcome of EPO opposition proceedings, while continuing the proceedings in respect of EP 4 072 364, applying R. 295(d) RoP and Art. 43 UPCA.
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).
2025-05-07UPC_APP_12517/2025Milan LDApplication Rop 265ProceduralWithdrawnDecision of the Milan Local Division permitting Telefonaktiebolaget LM Ericsson to withdraw its infringement action against Digital River Ireland Ltd. (which is in insolvency proceedings in Ireland), and permitting Digital River to withdraw its counterclaim for revocation. The Court ordered each party to bear its own costs for the infringement proceedings. Digital River was ordered to bear costs of the counterclaim proceedings and the stay application (EUR 5,500).
2025-05-07UPC_APP_12519/2025Milan LDApplication Rop 265ProceduralWithdrawnMilan Local Division (7 May 2025) allowed Ericsson's withdrawal of the infringement action against Digital River Ireland Ltd. (in insolvency) and Digital River's withdrawal of its counterclaim for revocation, while the proceedings continued against Asustek and Arvato. Each party bears its own costs in the withdrawal proceedings.
2025-04-28UPC_APP_5416/2025Milan LDApplication RoP262AProceduralProcedural onlyThe Milan Local Division issued a procedural order on multiple Rule 262A RoP applications by ASUSTeK and other defendants for confidentiality protection of their business documents in the Ericsson v. ASUSTeK patent infringement action concerning EP 3 076 673.
2025-04-07UPC_APP_8545/2025Milan LDAmend DocumentProceduralProcedural onlyThe Milan Local Division allowed Dainese's application under Rule 263 RoP to limit its claim by withdrawing all arguments related to EP 3 498 117 (following an EPO Board of Appeal limitation), while dismissing defendants' request for a costs order under Rule 265 RoP.
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_CFI_127/2025Milan LDApplication for preserving evidence pursuant to RoP192EvidenceProcedural onlyThe Milan Local Division granted Prinoth S.p.A. an order for preservation of evidence, inspection and seizure against Xelom S.r.l. concerning EP 1 995 159 and EP 2 507 436 (snow grooming vehicles), in advance of main proceedings.
2025-02-20UPC_APP_3348/2025Milan LDApplication RoP262.1 (b)ProceduralProcedural onlyThe Milan Local Division denied Bhagat Textile Engineers' application for access to the counterclaim for revocation file under Rule 262.1(b) RoP, finding the information sought could be obtained through other means and that access would compromise the integrity of ongoing settlement negotiations.
2025-02-20UPC_APP_3348/2025Milan LDApplication RoP262.1 (b)ProceduralDismissedApplication by Bhagat Textile Engineers for public access under R.262.1(b) RoP to the counterclaim for revocation case file (Himson v. Oerlikon) in proceedings before the Milan Local Division was rejected. The court held that the information sought was obtainable from other public sources, that Bhagat had already been found to infringe the patent in parallel proceedings and had procedurally chosen not to challenge the patent, and that granting access would compromise the integrity of pending settlement negotiations between the parties.
2025-02-07UPC_APP_5885/2025Milan LDGeneric applicationProceduralProcedural onlyThe Milan Local Division granted Dainese S.p.A.'s application under R. 9 RoP to extend the deadline for filing its defence to counterclaims for revocation and reply to statements of defence, in light of a concurrent EPO oral hearing on 13 February 2025 for the parallel opposition proceedings, and invited the parties to submit a joint request for alignment of future procedural deadlines.
2025-01-24UPC_APP_63772/2024Milan LDApplication Rop 265ProceduralProcedural onlyThe Milan Local Division issued a procedural order on Dainese's application under Rule 262A RoP for confidential protection of information contained in its partial withdrawal application, granting limited access to the confidential exhibit.
2025-01-24UPC_APP_63878/2024Milan LDApplication RoP262AProceduralProcedural onlyProcedural order from the Milan Local Division (UPC_CFI_472/2024) on Dainese's application for protection of confidential information under R. 262A RoP relating to a partial withdrawal submission. The Court ordered creation of a confidential club including at least one natural person from each party and their legal representatives, balancing confidentiality against the right to an effective defence. Access by Alpinestars/Motocard to unredacted documents was restricted to designated individuals.
2025-01-15UPC_APP_1176/2025Milan LDGeneric applicationProceduralProcedural onlyMilan Local Division granted Alpinestars S.p.A.'s request to extend the deadline for filing its Statement of Defence and counterclaim for revocation from 20 January 2025 to 20 February 2025, to allow the outcome of EPO appeal proceedings concerning EP 3 498 117 (oral hearing on 13 February 2025) to be incorporated. The court held that extending time limits, rather than staying proceedings, best balances procedural efficiency and the right to be heard in light of concurrent EPO appeal proceedings.
2024-12-30UPC_APP_58035/2024Milan LDGeneric applicationCostsDismissedMilan Local Division dismissed Insulet Corporation's application for a cost decision following the rejection of EOFLOW Co. Ltd.'s intervention request in PI proceedings (EP 4 201 327). The court found the application inadmissible: a cost decision under R. 150 RoP requires a prior decision on costs in principle under R. 118.5 RoP. The order rejecting the intervention (1 October 2024) contained no such costs-in-principle decision, so the cost-determination application lacked the prerequisite under R. 156(e) RoP. Insulet was invited to resubmit once a costs award decision was obtained.
2024-11-27UPC_APP_62687/2024Milan LDGeneric applicationProceduralProcedural onlyThe Milan Local Division issued a short procedural order rescheduling the interim conference in Oerlikon Textile GmbH & Co. KG v Himson Engineering Private Limited (UPC_CFI_240/2023, EP 2 145 848) from 10:30 to 14:30 on 6 December 2024, to be held by videoconference rather than in person, following a request from Himson's representatives citing prior professional commitments.
2024-11-25ORD_62633/2024Milan LDGeneric OrderProceduralProcedural onlyThe Milan Local Division issued a case management order ahead of the oral hearing, addressing agenda items including settlement prospects, translation errors in the Italian validation of the patent, the counterclaim for revocation, auxiliary requests, and infringement evidence.
2024-10-01UPC_APP_40442/2024Milan LDProcedural OrderProceduralProcedural onlyThe Milan Local Division denied EOFLOW CO LTD's application to intervene as a third party in Insulet's provisional measures proceedings against Menarini under R.313 RoP, holding that efficiency of the proceedings and other balancing considerations weighed against admitting the intervention.
2024-09-11UPC_APP_36483/2024Milan LDApplication for preserving evidence pursuant to RoP192EvidenceProcedural onlyThe Milan Local Division granted Primetals Technologies Austria's ex-parte application for an order to preserve evidence at Danieli's premises concerning steel strip coiler driver technology allegedly infringing EP 2 624 977, ordering inspection, photography, document access and computer forensics assistance.
2024-09-04UPC_APP_40442/2024Milan LDProcedural OrderProceduralProcedural onlyThe Milan Local Division issued a confidentiality order determining the composition of the confidentiality club in Insulet's provisional measures proceedings against Menarini, granting access to a US attorney from Goodwin Procter to allow coordination of parallel litigation strategies across jurisdictions.
2024-07-23ORD_40568/2024Milan LDGeneric OrderEvidenceProcedural onlyThe Milan Local Division granted a confidentiality order for a license agreement document in Oerlikon's infringement proceedings against Himson, limiting access to a confidentiality club that includes one technical consultant for the defendant and counsel for both parties.
2024-07-23UPC_APP_28655/2024Milan LDApplication RoP262AProceduralProcedural onlyProcedural order from the Milan Local Division (UPC_CFI_240/2023) on Oerlikon's application under R. 262A RoP for confidentiality protection of financial information disclosed in its rejoinder in proceedings concerning EP 2 145 848. The Court ordered creation of a confidential club including at least one natural person from Himson and technical consultants, ruling that excluding natural persons from the respondent would breach the right to adversarial proceedings.
2024-05-06UPC_APP_21554/2024Milan LDApplication RoP262AProceduralProcedural onlyThe Milan Local Division granted Oerlikon Textile's R. 262A application for confidentiality of financial information produced in response to a cost-disclosure order, restricting access to lawyers only (with parties' consent) in proceedings against Bhagat Textile Engineers.
2024-04-08ORD_9710/2024Milan LDGeneric OrderEvidenceProcedural onlyMilan Local Division order on an application by Progress Maschinen & Automation AG (claimant/applicant) to access the sealed expert report from previously-executed evidence preservation proceedings (ex parte order). As no main action on the merits was commenced and the defendants did not appeal, AWM and Schnell are entitled to have the collected evidence returned to them. The order deferred return of evidence until 5 June 2024 to allow potential Court of Appeal intervention.
2023-11-14UPC_CFI_397/2023Paris LDApplication for preserving evidence pursuant to RoP192EvidenceProcedural onlyThe Paris Local Division granted an ex parte order for preserving evidence against Novawell, allowing C-Kore Systems Limited to obtain a detailed description and seizure of the allegedly infringing SICOM product, which is alleged to reproduce the claims of EP 2 265 793 covering subsea test apparatus.
2023-09-25UPC_CFI_286/2023Milan LDApplication for preserving evidence pursuant to RoP192EvidenceProcedural onlyThe Milan Local Division granted an ex parte order to inspect premises and preserve evidence against AWM S.R.L. and Schnell S.P.A., allowing Progress Maschinen & Automation AG to gather evidence of alleged infringement of EP 2 726 230, which covers a method and device for continuously producing a lattice girder.
2023-06-14UPC_CFI_141/2023Milan LDApplication for preserving evidence pursuant to RoP192EvidenceProcedural onlyThe Milan Local Division granted Oerlikon Textile's evidence preservation order against Bhagat Group under Rules 192 ff. RoP, ordering collection of technical and commercial documents from Bhagat's stand at the ITMA trade fair in Milan.
2023-06-13UPC_CFI_127/2023Milan LDApplication for provisional measuresProceduralProcedural onlyThe Milan Local Division granted Oerlikon Textile's application to preserve evidence against Himson Engineering under Rules 192 ff. RoP, ordering collection of technical and commercial documentation from Himson's stand at the ITMA trade fair in Milan.
2023-06-13UPC_CFI_127/2023Milan LDApplication for provisional measuresProceduralProcedural onlyThe Milan Local Division standing judge declined to treat Oerlikon's evidence preservation request as extremely urgent and referred it to the presiding judge, as the ITMA trade fair still had one day remaining and an ordinary urgent decision was feasible.