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.
2026-01-28UPC_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.
2025-11-19UPC_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_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.
2025-09-05UPC_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.
2025-06-17ACT_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.
2025-05-09UPC_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.
2025-04-28UPC_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_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.
2025-03-11ACT_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.
2025-01-20UPC_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.
2024-12-17ACT_549550/2023Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division issued a pre-trial conference order in Oerlikon v Himson's infringement and revocation proceedings for EP 2 145 848 B1, addressing pending issues including infringement evidence, damages, the Rule 119 penalty request, and setting the case value at EUR 2,000,000 for cost ceiling purposes.
2024-12-17UPC_CFI_240/2023Milan LDInfringement ActionProceduralProcedural onlyProcedural order (interim conference summary) of Milan Local Division in Oerlikon Textile v Himson Engineering (EP 2 145 848). The order summarises the procedural history (evidence preservation order, infringement and revocation counterclaim), the issues discussed at the interim conference (settlement proposals, claim construction, auxiliary requests) and confirms procedural arrangements for the oral hearing. Seven auxiliary requests remain before the court.
2024-11-22ACT_40442/2024Milan LDApplication for provisional measuresPreliminary injunctionPI deniedThe Milan Local Division dismissed Insulet Corporation's application for provisional measures against A. Menarini Diagnostics S.r.l. concerning EP4201327 (insulin pump technology), finding the application inadmissible as the auxiliary requests to amend the patent are not permissible in provisional measures proceedings, and also dismissing Menarini's request for security for costs.
2024-11-05UPC_CFI_643/2024Milan LDApplication for provisional measuresPreliminary injunctionPI grantedMilan Local Division granted Cardo Systems' application for provisional measures (preliminary injunction and seizure) against Shenzhen Asmax Infinite Technology Co. and Hong Kong Yiheng International Technology Co. without hearing the respondents (ex parte). The court ordered: (1) service by bailiff at EICMA 2024 trade fair in Milan; (2) seizure and description of infringing products; (3) institution of merits proceedings within 31 days on pain of revocation. Costs to be settled in the merits proceedings.
2024-11-05UPC_CFI_649/2024Milan LDApplication for provisional measuresPreliminary injunctionPI grantedThe Milan Local Division granted Pirelli an ex-parte order for seizure of motorcycle tyres allegedly infringing EP 3 519 207 B1 exhibited by Sichuan Yuanxing Rubber Co. and China Council for the Promotion of International Trade (CCPIT) at the EICMA 2024 trade fair in Milan.
2024-11-05UPC_CFI_649/2024Milan LDApplication for provisional measuresPreliminary injunctionPI grantedMilan Local Division (5 November 2024) granted an ex parte preliminary seizure order against Sichuan Yuanxing Rubber Co. Ltd at the EICMA 2024 tyre exhibition in Milan. The order authorised seizure of infringing tyres at the defendants' exhibition stand and was immediately enforceable. Defendants were required to cancel orders for the infringing products. Main proceedings must be initiated within 31 calendar days or 20 working days.
2024-11-04UPC_CFI_241/2023Milan LDInfringement ActionInfringement meritsPermanent injunctionDecision on the merits by the Milan Local Division (full panel) in an infringement action by Oerlikon Textile GmbH & Co KG against Bhagat Textile Engineers (India) concerning a texturing/structuring machine exhibited at ITMA 2023. The defendant did not contest infringement or validity. The court refused to stay proceedings pending parallel revocation proceedings against the same patent by a different defendant. The court granted a permanent injunction prohibiting sale and promotion of the infringing machine in Italy and Germany, imposed a penalty of EUR 12,000 per breach payable to the court, awarded provisional damages of EUR 15,000, set the case value at EUR 750,000, and ordered Bhagat to bear 80% of costs (with 20% offset for Oerlikon's behavior during settlement negotiations).
2024-11-04UPC_CFI_241/2023Milan LDInfringement ActionInfringement meritsInfringedMilan Local Division found that Bhagat Textile Engineers infringed EP 2 145 848 by exhibiting its texturing machine at ITMA fair in June 2023. The Court issued a permanent injunction against sales in Italy and Germany, imposed a penalty of EUR 12,000 per violation, and ordered provisional damages of EUR 15,000. Costs were 80% charged to Bhagat, 20% compensated between parties.
2024-10-01UPC_CFI_400/2024Milan LDApplication for provisional measuresProceduralProcedural 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.
2024-09-17UPC_CFI_240/2023Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division refused Oerlikon's request to admit an eighth auxiliary request to amend EP 2 145 848 B1, finding that AR8 did not constitute an effective response to the new prior art relied upon and that it introduced an inadmissible intermediate generalisation contrary to Art. 84 EPC.
2024-09-17UPC_CFI_240/2023Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division refused Oerlikon's request to admit an eighth auxiliary request to amend EP 2 145 848 B1, finding that AR8 did not constitute an effective response to the new prior art relied upon and that it introduced an inadmissible intermediate generalisation contrary to Art. 84 EPC.
2024-07-23UPC_CFI_240/2023Milan LDGeneric OrderProceduralProcedural onlyProcedural order of the Milan Local Division (in Italian) in Oerlikon Textile v Himson Engineering (EP 2 145 848) granting Oerlikon's application for a confidentiality order under R. 262A RoP over financial information provided in reply to a R. 158 RoP request. The court constituted a confidentiality club comprising only legal representatives of Himson (not the party itself), consistent with the financial sensitivity of the documents.
2024-06-06ACT_549585/2023Milan LDInfringement ActionProceduralProcedural onlyProcedural order in infringement proceedings by Oerlikon Textile GmbH & Co. KG against Bhagat Textile Engineers (Milan Local Division). The judge-rapporteur set the provisional value of the case at EUR 750,000 for purposes of recoverable costs ceiling. Access to expert report obtained via preservation-of-evidence order was granted to both parties. Deadlines were set for submission of additional documents and a case summary ahead of the oral hearing scheduled for 27 September 2024.
2024-05-14UPC_CFI_241/2023Milan LDGeneric OrderProceduralProcedural onlyProcedural order (in Italian) requiring parties to submit a summary of issues to be addressed at the forthcoming Interim Conference and to notify the court of attendees' names and capacities. The order also addressed the balance between the transparency principle and the right to protect confidential information, particularly regarding costs information in a case where a settlement may have been under discussion.
2024-05-08UPC_APP_11857/2024Munich LDPreliminary objectionmotionName.jurisdictionalDismissedThe Munich Local Division partially dismissed preliminary objections filed by Volkswagen, Audi, and Texas Instruments in infringement proceedings by Network System Technologies LLC concerning EP1552669, rejecting challenges to standing, admissibility of pre-2022 damages, and the sufficiency of the infringement read, while deferring jurisdiction objections relating to UK-territory claims to a later stage.
2024-05-08UPC_APP_11863/2024Munich LDPreliminary objectionmotionName.jurisdictionalDismissedThe Munich Local Division partially dismissed preliminary objections filed by Volkswagen, Audi, and Texas Instruments in infringement proceedings by Network System Technologies LLC concerning EP1552399, rejecting challenges on substantially the same grounds as in the parallel proceedings concerning EP1552669.
2024-05-08UPC_APP_11845/2024Munich LDPreliminary objectionmotionName.jurisdictionalDismissedThe Munich Local Division partially dismissed preliminary objections filed by Volkswagen, Audi, and Texas Instruments in infringement proceedings by Network System Technologies LLC concerning EP1875683, rejecting challenges on substantially the same grounds as in the parallel proceedings concerning EP1552669 and EP1552399.
2024-05-08UPC_APP_11850/2024Munich LDPreliminary objectionmotionName.jurisdictionalProcedural onlyThe Local Division Munich resolved preliminary objections filed by Volkswagen, Audi AG, and Texas Instruments defendants in NST's infringement action concerning EP 1 875 683, rejecting jurisdiction and standing challenges and finding that a detailed infringement read on one example device is sufficient at the pleading stage to cover a list of accused devices.
2024-05-08UPC_APP_11854/2024Munich LDPreliminary objectionmotionName.jurisdictionalProcedural onlyOrder by Munich Local Division (UPC_CFI_513/2023, 8 May 2024) dismissing preliminary objections by Volkswagen AG, Audi AG and Texas Instruments entities in NST's infringement action for EP 1 552 669 B1. Substantially the same as the companion order in UPC_CFI_514/2023: opt-out withdrawal was valid; NST had standing to sue including for pre-assignment infringement.
2024-05-08UPC_APP_11795/2024Munich LDPreliminary objectionmotionName.jurisdictionalProcedural onlyMunich Local Division order (full panel, Zigann presiding) on preliminary objections by Volkswagen AG, Audi AG, Texas Instruments Inc. and TI Deutschland GmbH, and on requests under R. 361 RoP, in infringement proceedings by Network System Technologies LLC concerning EP 1 552 399. The R. 361 requests to declare the action manifestly inadmissible or unfounded were dismissed. The preliminary objections (R. 19 RoP) were partially dismissed with the remaining jurisdictional issue deferred to the main proceedings. Leave to appeal granted. Costs deferred to main proceedings.
2024-05-08UPC_APP_11791/2024Munich LDPreliminary objectionmotionName.jurisdictionalProcedural onlyMunich Local Division order (full panel, Pichlmaier as judge-rapporteur) on preliminary objections and R. 361 requests by Volkswagen AG, Audi AG, Texas Instruments Inc. and TI Deutschland GmbH in a second infringement action by Network System Technologies LLC concerning EP 1 875 683. Identical in substance to the parallel case (UPC_APP_12101/2024): R. 361 requests dismissed; preliminary objections partially dismissed with residual jurisdiction/assignment issues deferred to main proceedings. Leave to appeal granted. Costs deferred.
2024-05-08UPC_APP_11861/2024Munich LDPreliminary objectionmotionName.jurisdictionalProcedural onlyMunich Local Division dismissed preliminary objections (Rule 19 RoP) and requests to declare the action manifestly bound to fail (Rule 361 RoP) filed by Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH against Network System Technologies LLC's infringement action concerning EP 1 552 399. The court held that NST has standing to sue based on the patent assignments; infringement allegations need only be detailed for one exemplary device at this stage; the jurisdiction objection relating to UK/TI damages claims was deferred to the main proceedings; leave to appeal was granted.
2024-05-08UPC_CFI_513/2023Munich LDPreliminary objectionProcedural onlyOrder partially rejecting Network System Technologies' preliminary objection against Texas Instruments in an infringement action. The court also rejected Texas Instruments' request to declare the action manifestly bound to fail (Rule 361 RoP). Leave to appeal granted for both parts.
2024-05-08UPC_CFI_513/2023Munich LDGeneric applicationProcedural onlyOrder partially rejecting a preliminary objection and rejecting request to declare action manifestly bound to fail (Rule 361 RoP) in Network System Technologies v. Texas Instruments infringement action. Leave to appeal granted. (Related companion order to FCEF24C01B7B5A6ED33BAD356F867213_en.pdf.)
2024-04-23UPC_CFI_515/2023Munich LDGeneric applicationDismissedMunich Local Division dismissed the applications by Volkswagen AG, Audi AG, Texas Instruments Inc., and Texas Instruments Deutschland GmbH requesting the Court to order Network System Technologies LLC (NST) to provide security for legal costs under Art. 69.4 UPCA and R.158 RoP. The Court found that the applications did not meet the legal standards for ordering such security.
2024-02-09UPC_CFI_424/2023The Hague LDInfringement ActionProceduralProcedural onlyThe Hague Local Division issued a procedural order in Abbott v. Dexcom, granting Abbott's request to align the statement of defence deadlines for both Dexcom defendants so that both run from the later service date on Dexcom International Limited (20 December 2023), ensuring synchronised pleading schedules.
2023-12-22UPC_CFI_424/2023The Hague LDInfringement ActionProceduralProcedural onlyThe Hague Local Division issued a final procedural order confirming that effective service of the statement of claim on Dexcom International Limited had been effected on 20 December 2023 via an Irish process server, thereby setting the deadline for Dexcom International's statement of defence at three months from that date.
2023-09-27UPC_CFI_240/2023Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division rejected a Rule 262.1(b) request for case file access filed by a lawyer claiming to represent Himson Engineering, holding that a lawyer who is party-affiliated (even without formal appearance) is not a 'third party' within the meaning of Rule 262.1(b) and cannot access the file before service is complete.
2023-07-21UPC_CFI_241/2023Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division ordered service of the Statement of Claim on defendants without transmitting the approximately 2,000 pages of exhibits, with the claimant's consent.
Page 1 of 2 · 53