UPC Analytics
ENDE

Decisions

DateCaseDivisionActionMotionOutcomeSummary
2026-02-13UPC_CFI_770/2024Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division issued a post-interim-conference order in Pirelli v. Sichuan Yuanxing Rubber, resolving preliminary objections (with SYR withdrawing a service objection) and addressing admissibility of photographs and product samples from the earlier seizure.
2026-02-10UPC_CFI_1738/2025Milan LDApplication For CostsCostsCosts onlyThe Milan Local Division ruled on an application for a cost decision following the first-instance decision in UPC_CFI_178/2024 and 432/2024. The court held the application was not rendered premature by Progress's pending appeal, as cost proceedings are independent from appeal proceedings.
2026-01-28UPC_CFI_727/2024Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division issued a post-interim-conference order in Agathon AG v. Intercom s.r.l. and KNARR Vertriebs GmbH, setting out rulings on admissibility of technical drawings filed by the claimant and the handling of conditional auxiliary requests per R. 30.1 RoP.
2026-01-08UPC_CFI_377/2025Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division partially granted Primetals Technologies' application for an order to produce evidence under Art. 59 UPCA / R. 190 RoP, requiring Danieli to disclose documents relating to alleged infringement of EP 2 624 977 in steel coiling installations supplied to Hoa Phat Group in Vietnam.
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.
2025-11-19UPC_CFI_802/2024Milan LDInfringement ActionInfringement meritsInfringedThe Milan Local Division issued a default judgment against the defendants (Gastroteam Abbe AB and Marciuliano Attrezzature) for infringement of Morello Forni's patent rights, ordering an injunction and information disclosure regarding the 'Pizza Former' machine, as defendants failed to participate in proceedings.
2025-11-07UPC_CFI_1041/2025Dusseldorf LDGeneric OrderProceduralProcedural onlyThe Düsseldorf Local Division ruled on Micron's application to extend procedural deadlines (preliminary objections and statement of defence) in a large-scale YMTC v. Micron patent infringement campaign, partially granting extended deadlines.
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.
2025-10-27UPC_CFI_178/2024Milan LDInfringement ActionInfringement meritsRevokedThe Milan Local Division revoked EP 2 726 230 B1 (mesh production method and device) in its entirety following the defendants' counterclaim, dismissed the application to amend the patent, and dismissed the infringement action; claimant Progress Maschinen bore the majority of costs.
2025-10-27UPC_CFI_178/2024Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division issued a rectification order under R. 353 RoP correcting an inaccuracy in the header of its 27 October 2025 decision by adding the full list of defendants' legal representatives (Studio Legale Costa-Creta).
2025-10-07UPC_CFI_226/2025Milan LDApplication Rop 360ProceduralSettledThe Milan Local Division closed the infringement proceedings between Hypertherm Inc. and Tec.Mo. s.r.l. under R. 360 RoP after the parties reached a settlement agreement, with costs compensated between the parties and partial court fee reimbursement ordered.
2025-10-02UPC_CFI_162/2024Mannheim LDInfringement ActionInfringement meritsNot infringedThe Mannheim Local Division dismissed Hurom Co. Ltd.'s infringement action against NUC Electronics Co. Ltd. (Korea) concerning EP 2 028 981 (juice extractor), finding no infringement of claim 1 in the separated part of the proceedings.
2025-10-02UPC_CFI_159/2024Mannheim LDInfringement ActionInfringement meritsInfringedThe Mannheim Local Division found that NUC Electronics Europe GmbH and WARMCOOK infringed claim 1 of Hurom Co. Ltd.'s EP 2 028 981 (juice extractor) in Poland, Spain and the United Kingdom, ordering damages to be assessed and full disclosure of infringing sales; costs awarded to Hurom.
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.
2025-09-05UPC_CFI_202/2025Milan LDApplication Rop 365SettledMilan Local Division confirmed the settlement agreement between Edwards Lifesciences and the respondents (Sintec and Value Med) in provisional measures proceedings concerning EP 3 646 825. The Court confirmed the settlement under Art. 79 UPCA and R.365 RoP, making it enforceable as a final decision. The request for reimbursement of 60% of court fees was dismissed.
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.
2025-07-08UPC_APP_31860/2025Milan LDGeneric applicationCostsProcedural onlyThe Milan Local Division issued a procedural order determining the value of the infringement action in the Progress Maschinen v. AWM/Schnell proceedings for the purpose of applying the scale of ceilings for recoverable costs under Rule 370.6 RoP.
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.
2025-06-17ACT_20004/2024Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division issued a post-interim-conference order in infringement proceedings between Progress Maschinen & Automation AG and SCHNELL/AWM, deciding on the admissibility of a new auxiliary request, withdrawing certain evidence production requests, and setting the case for oral hearing.
2025-06-17ACT_20004/2024Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division issued a post-interim-conference procedural order in the Progress Maschinen v. AWM/Schnell infringement action, setting the oral hearing schedule and deferring to the panel the admissibility of a new auxiliary patent amendment request.
2025-05-23ACT_17434/2024Paris LDInfringement ActionInfringement meritsRevokedParis Local Division revoked the Dutch, French, German and Italian parts of claims 1-6 of EP 3 155 936 (Hurom slow juicer) as unconditionally amended in the Main Request, and claims 1-3 as amended in the Auxiliary Request, following NUC Electronics' counterclaim for revocation. The patent was found invalid under Art. 138(1) EPC. All of Hurom's infringement claims were dismissed. Hurom's claims for infringement in Poland were held admissible (BSH v Electrolux principle) but dismissed on the merits for lack of evidence. Hurom was ordered to bear all costs.
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).
2025-05-09UPC_CFI_241/2023Milan LDGeneric OrderCostsCosts onlyThe Milan Local Division issued a costs decision pursuant to Rule 156 RoP following a prior merits judgment (ORD_598484/2023) in favour of Oerlikon Textile against Bhagat Textile Engineers for infringement of EP 2 145 848. The court awarded Oerlikon EUR 80,000 in recoverable representation costs (EUR 65,000 for the main action and EUR 15,000 for the preservation of evidence proceedings), reduced from the claimed EUR 120,425.28, on the basis that the case was relatively straightforward with no validity or infringement dispute by the defendant.
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_CFI_319/2024Milan LDApplication RoP262AProcedural onlyOrder from the Milan Local Division dated 28 April 2025 on R. 262A RoP applications filed by ASUSTek Computer Inc., Arvato Netherlands B.V. and Digital River Ireland Ltd. in infringement proceedings (and related counterclaim for revocation) brought by Telefonaktiebolaget LM Ericsson regarding EP 3 076 673. The court ruled on access restrictions for the 'Asustek Confidential Documents', limiting access to specified representatives, one licensing/valuation expert, and one designated company representative, subject to strict confidentiality obligations.
2025-04-28UPC_CFI_318/2024Milan LDApplication RoP262AProcedural onlyThe Milan Local Division (Judge-Rapporteur) issued an order in the infringement action by Telefonaktiebolaget LM Ericsson against ASUSTek Computer, Arvato Netherlands and Digital River Ireland concerning EP 3 076 673. The defendants' applications under R. 262A and R. 262.2 RoP sought confidential treatment ('external eyes only') for certain Asustek documents in both the main action and the related counterclaim for revocation. The court ruled on the conditions for granting an 'external eyes only' regime, finding it available in cases of proven risk of conflict between the patent system and antitrust law.
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.
2025-04-07UPC_APP_67917/2024Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division granted Dainese S.p.A. leave under R.263.3 RoP to limit its claims by excluding all arguments and requests relating to EP 3 498 117 (EP'117), following the EPO Board of Appeal limiting the scope of that patent shortly before the oral proceedings. The action continues in respect of EP 4 072 364 (EP'364) only. The Court rejected Dainese's request for partial reimbursement of court fees (EUR 12,000) as insufficiently reasoned. The defendants' request for a costs decision under R.265(2) RoP was deferred to the final decision. Key headnotes: R.263.3 RoP applies both to limitation of relief (petitum) and limitation of the cause of action (causa petendi); costs are not addressed immediately under R.263 as proceedings continue.
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.
2025-03-11ACT_17336/2024Mannheim LDInfringement ActionProceduralProcedural onlyThe Mannheim Local Division ordered a separation of proceedings under Rules 302.1, 303.2 and 340.2 RoP, splitting off claims related to Poland, Spain, Turkey, and the UK pending guidance from the ECJ (Case C-339/22) on international jurisdiction under the Brussels Ia Regulation.
2025-03-11UPC_CFI_159/2024Mannheim LDGeneric OrderInfringement meritsInfringedHurom's patent EP 2 028 981 (slow juicer) was found infringed by NUC Electronics Europe GmbH and WARMCOOK. An injunction was granted covering France, Germany, Italy, the Netherlands, Denmark and Romania. Defendants were ordered to pay damages (amount to be determined), provide information, destroy/recall infringing products, and pay EUR 56,000 in interim legal costs. The court also addressed the intertemporal application of UPCA substantive law to acts committed before and after 1 June 2023. Partial dismissal of remaining requests. Value in dispute set at EUR 675,000.
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.
2025-01-29UPC_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.
2025-01-24UPC_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.
2025-01-21UPC_APP_64021/2024Munich LDGeneric applicationProceduralProcedural onlyThe Local Division Munich held that where formal service of the provisional measures application under R.274 RoP was impossible, a subsequent decision by default need not be re-attempted under R.274 before proceeding to an order under R.275.2 RoP, in order to preserve the right to effective judicial protection.
2025-01-21UPC_APP_64978/2024Munich LDGeneric applicationProceduralProcedural onlyMunich Local Division order on service of a decision by default on a Chinese defendant (Guangzhou Aiyun Yanwu Technology) in provisional measures proceedings brought by air up group GmbH. Service under R. 274 RoP via the Hague Service Convention through Chinese authorities had failed after more than six months (Chinese authority seriously and definitively refusing to process the service). The court held that (1) service rules must be interpreted in accordance with effective legal protection principles, so it must always be possible to establish good service under R. 275.2 RoP; (2) where R. 274 service has failed for the original application, there is no need to attempt R. 274 service again for the subsequent default decision before ordering alternative service under R. 275.2 RoP.
2025-01-20UPC_APP_68693/2024Nordic-Baltic RDApplication Rop 265ProceduralWithdrawnThe Nordic-Baltic Regional Division declared the proceedings closed following the mutual withdrawal of Abbott Diabetes Care's infringement action and Dexcom's counterclaim for revocation (both relating to EP 3 977 921). Both parties consented to withdrawal with no cost decision requested or made.
2025-01-20UPC_APP_68369/2024Nordic-Baltic RDApplication Rop 265ProceduralWithdrawnThe Nordic-Baltic Regional Division permitted the withdrawal of Abbott Diabetes Care Inc.'s infringement action (ACT_588346/2023) and Dexcom's counterclaim for revocation (CC_14848/2024) in Abbott v Dexcom proceedings (UPC 430/2023, EP 3 977 921). Both parties consented to each other's withdrawals and agreed that no costs order would be made. The Court declared the proceedings closed.
2025-01-20UPC_CFI_430/2023Nordic-Baltic RDApplication Rop 265WithdrawnThe Nordic-Baltic Regional Division declared proceedings closed following the mutual withdrawal of Abbott Diabetes Care Inc.'s infringement action and Dexcom's counterclaim for revocation concerning EP 3 977 921. Both parties consented to each other's withdrawal and agreed that no cost decision would be issued.
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.
2025-01-09ORD_1358/2025Munich LDDecision By DefaultDefault judgmentPermanent injunctionDecision by default of the Munich Local Division against Guangzhou Aiyun Yanwu Technology Co., Ltd. (a Chinese company that failed to appear), granting air up group GmbH an injunction to cease and desist from offering, placing on the market, using, importing or storing a drinking device infringing EP 3 655 341 (claims 1, 2, 4, 10) throughout all UPC Member States. The defendant is also ordered to pay a penalty of up to EUR 100,000 per day for each infringement and costs of proceedings.
2025-01-09UPC_CFI_509/2023Munich LDDecision By DefaultInfringedDecision by default of Munich Local Division in air up group GmbH v Guangzhou Aiyun Yanwu Technology Co. Ltd. concerning EP 3 897 305 (drinking device with aroma). The defendant (Chinese company) failed to enter an appearance. The court found infringement and ordered: (A) cease and desist from offering, placing on the market, using, importing or storing the infringing drinking devices and aroma containers across all 17 UPC member states; (B) rendering of accounts; (C) damages; (D) recall, removal and destruction of infringing products; and penalty payments for non-compliance.
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.
Page 1 of 3 · 106