| 2024-11-27 | UPC_APP_62687/2024 | Milan LD | Generic application | Procedural | Procedural only | The 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. |
| 2024-11-25 | ORD_62633/2024 | Milan LD | Generic Order | Procedural | Procedural only | The 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. |
| 2024-11-25 | UPC_CFI_395/2023 | Paris LD | Generic application | Procedural | Procedural only | Procedural order from the Paris Local Division dated 25 November 2024 on DexCom's application (under R. 334(e) and R. 336 RoP) requesting the court to allow post-hearing submissions regarding a Munich Regional Court decision of 6 November 2024 on EP 2 939 158 (parent patent of EP 3 831 282 in suit). The court had closed the oral hearing on 30 October 2024. DexCom argued the Munich decision finding infringement by Abbott of the parent patent's claim 1 was relevant. Abbott argued the application was inadmissible. The order addresses admissibility of supplemental submissions after closure of hearing under Chapter 8 RoP case management provisions. |
| 2024-11-13 | UPC_CFI_358/2023 | Paris LD | Infringement Action | Infringement merits | Infringed | Final decision on the merits (in French) in the infringement action by Hewlett-Packard Development Company LP against LAMA France concerning inkjet printer cartridge technology. The Paris Local Division found that LAMA France infringed the patent in suit (a fluid ejection device patent). The court ordered: (I) patent maintained as valid (invalidity counterclaim rejected); (II) injunction against infringing cartridges; (III) corrective measures including recall from distribution channels and destruction of infringing stock; (IV) disclosure of sales information for damages calculation; (V) costs split equally between parties (50/50); provisional damages on costs rejected. Infringement established without requiring prior notice of the patent to the defendant. |
| 2024-11-04 | UPC_CFI_241/2023 | Milan LD | Infringement Action | Infringement merits | Permanent injunction | Decision 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). |
| 2024-11-04 | UPC_CFI_241/2023 | Milan LD | Infringement Action | Infringement merits | Infringed | Milan 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. |
| 2024-09-24 | UPC_APP_49796/2024 | Paris LD | Amend Document | Procedural | Procedural only | Paris Local Division procedural order (judge-rapporteur) in an infringement action by I.G.B. S.r.l. against Unilever France concerning EP 3 997 002. Unilever France sought leave under R. 263 RoP to amend its requests, specifically regarding modalities for recall/destruction measures (timing, guarantee obligations under R. 352 RoP) as a conditional alternative in the event the court ordered such measures. The order addresses admissibility and scope of the amendment of requests. |
| 2024-09-17 | UPC_CFI_240/2023 | Milan LD | Infringement Action | Procedural | Procedural only | The 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. |
| 2024-09-17 | UPC_CFI_240/2023 | Milan LD | Infringement Action | Procedural | Procedural only | The 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. |
| 2024-07-26 | UPC_CFI_419/2023 | Paris LD | Generic Order | — | Settled | Decision on the merits issued by the Paris Local Division approving and ratifying a settlement agreement concluded between CANÈ S.p.A. and France Développement Électronique on 20 June 2024. The defendant did not contest infringement or validity. The court approved the settlement, set the dispute value at EUR 390,000, reduced court fees to EUR 4,400 (60% of the fixed fee), and ordered reimbursement of EUR 9,100 in advance court fees. Certain exhibits were excluded from the proceedings. |
| 2024-07-24 | ORD_41423/2024 | Paris LD | Generic Order | Procedural | Procedural only | The Paris Local Division issued a procedural order addressing the schedule and management of the Seoul Viosys v. Laser Components infringement action, including Photon Wave's intervention and a parallel revocation action at the Central Division. |
| 2024-07-23 | ORD_40568/2024 | Milan LD | Generic Order | Evidence | Procedural only | The 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. |
| 2024-07-23 | UPC_APP_28655/2024 | Milan LD | Application RoP262A | Procedural | Procedural only | Procedural 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. |
| 2024-07-23 | UPC_CFI_240/2023 | Milan LD | Generic Order | Procedural | Procedural only | Procedural 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. |
| 2024-07-04 | UPC_CFI_230/2023 | Paris LD | Generic Order | Infringement merits | Revoked | Decision on the merits by Paris Local Division (4 July 2024). EP 3 435 866 B1 (analyte monitoring / continuous glucose monitoring system) was entirely revoked for lack of inventive step; auxiliary requests 1 and 2 were also invalid (added subject-matter). DexCom's infringement action was dismissed in full. DexCom was ordered to bear costs. The court addressed jurisdiction on the revocation counterclaim, the carve-out under Art. 83 UPCA, claim interpretation, novelty and inventiveness. |
| 2024-06-06 | ACT_549585/2023 | Milan LD | Infringement Action | Procedural | Procedural only | Procedural 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. |
| 2024-05-14 | UPC_CFI_241/2023 | Milan LD | Generic Order | Procedural | Procedural only | Procedural 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. |
| 2024-05-06 | UPC_APP_21554/2024 | Milan LD | Application RoP262A | Procedural | Procedural only | The 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. |
| 2024-05-06 | UPC_CFI_440/2023 | Paris LD | Generic Order | Procedural | Procedural only | Order of the Paris Local Division (full panel) on several procedural applications filed by Photon Wave Co. Ltd. (intervener/third party supporter of defendant Laser Components SAS) and Seoul Viosys Co. Ltd. (claimant) in an infringement action concerning EP 3 404 726. The court: (1) held that Photon Wave had not filed its revocation brief within the deadline set for the party it supports, and rejected its application for extension of that deadline; (2) rejected Photon Wave's request to change the language of proceedings from French to another language, holding that neither the nationality of a party's representative nor of the intervener justifies a language change; (3) rejected Photon Wave's request for an autonomous revocation brief on the basis that an intervener cannot develop claims contrary to those of the party it supports; (4) rejected Seoul Viosys's request for postponement of its reply deadline. |
| 2024-04-11 | UPC_APP_12563/2024 | Paris LD | Preliminary objection | motionName.jurisdictional | Procedural only | The Paris Local Division rejected multiple defendants' (ARM group) preliminary objections to jurisdiction, ruling that where one defendant has its residence within the territorial scope of the local division, Art. 33(1)(b) UPCA applies regardless of where other defendants are based, and that belonging to the same corporate group with related commercial activities constitutes a sufficient 'commercial relationship' for multi-defendant proceedings. |
| 2024-03-14 | UPC_CFI_440/2023 | Paris LD | Generic application | Procedural | Procedural only | Procedural order (in French) granting Laser Components SAS an extension of the deadline for filing its Statement of Defence in the infringement action brought by Seoul Viosys. The extension was granted due to technical difficulties experienced by the third-party intervener (Photon Wave Co.) in the CMS system and the anticipated filing of a separate invalidity counterclaim requiring coordination. |
| 2024-03-01 | UPC_APP_601/2024 | Paris LD | Request to review an order ex-parte | motionName.ex_parte | Dismissed | Paris Local Division (1 March 2024) dismissed Novawell's application to review and revoke the ex parte saisie (preservation of evidence) order issued on 14 November 2023 against C-KORE Systems Limited. The court upheld the saisie carried out by an expert assisted by a bailiff as lawful under French law and R. 196.5 RoP, held the 30-day review period ran from the bailiff's closing minute, and confirmed sufficient evidence of infringement existed at the time of the original order. |
| 2024-02-27 | UPC_CFI_440/2023 | Paris LD | Generic Order | motionName.jurisdictional | Procedural only | The Paris Local Division refused the defendant Laser Components SAS's request to change the language of proceedings from French to English (the language in which the patent was granted) in Seoul Viosys Co., Ltd v Laser Components SAS. The Court applied R. 322 RoP and Art. 49.4 UPCA, finding that while the plaintiff is Korean and chose French, the defendant is a French company based in France, and neither the representative's nationality nor a forced intervenor's nationality constitutes sufficient grounds of convenience or equity to justify a language change. The request was therefore rejected. |
| 2024-02-12 | UPC_CFI_425/2023 | Paris LD | Generic Order | Procedural | Procedural only | The Paris Local Division issued a procedural order extending and aligning time limits for multiple defendants to file their statements of defence in the infringement action brought by Abbott Diabetes Care, following an oral agreement at a case management meeting on a reasonable date. |
| 2024-02-12 | UPC_CFI_395/2023 | Paris LD | Generic Order | Procedural | Procedural only | Procedural order from the Paris Local Division granting an extension and alignment of deadlines for filing the Statement of Defence in an infringement action by DexCom against 14 Abbott group defendants. The parties had orally agreed on a filing date at a case management meeting, which the Judge-Rapporteur considered reasonable. The order also confirmed service completion details for each defendant. |
| 2024-01-30 | UPC_CFI_230/2023 | Paris LD | Infringement Action | Procedural | Procedural only | The Paris Local Division panel, on review under Rule 333 RoP, partially upheld Abbott's application by increasing the upper limit of the penalty for breach of the confidentiality club from EUR 50,000 to EUR 250,000, to achieve consistency with a parallel confidentiality order issued by the Munich Local Division in related proceedings. |
| 2024-01-24 | UPC_CFI_230/2023 | Paris LD | Infringement Action | Procedural | Procedural only | The Paris Local Division full panel issued a procedural order in the Dexcom v. Abbott infringement case, rejecting Abbott's request for leave to appeal the judge-rapporteur's confidentiality order of 19 December 2023, finding it was a case management order subject to Rule 333 RoP review rather than a directly appealable order. |
| 2023-12-19 | UPC_CFI_230/2023 | Paris LD | Infringement Action | Procedural | Procedural only | The Paris Local Division issued a procedural order in an infringement action brought by DexCom against multiple Abbott entities, granting Abbott's request to protect certain highly sensitive sales and revenue information contained in Abbott's statement of defence from public access. |
| 2023-12-18 | UPC_CFI_358/2023 | Paris LD | Infringement Action | Procedural | Procedural only | The Paris Local Division issued a procedural order in an infringement action brought by Hewlett-Packard against Lama France, addressing Lama's requests regarding access to exhibits that were unreadable via the CMS and seeking an extension of the deadline to file its statement of defence. The order dealt exclusively with case management and access to documents. |
| 2023-11-14 | UPC_CFI_397/2023 | Paris LD | Application for preserving evidence pursuant to RoP192 | Evidence | Procedural only | The 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. |
| 2023-09-27 | UPC_CFI_240/2023 | Milan LD | Infringement Action | Procedural | Procedural only | The 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. |
| 2023-07-21 | UPC_CFI_241/2023 | Milan LD | Infringement Action | Procedural | Procedural only | The 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. |
| 2023-07-21 | UPC_CFI_240/2023 | Milan LD | Infringement Action | Procedural | Procedural only | The Milan Local Division ordered that the Statement of Claim be served on the defendants without transmitting copies of the approximately 2,000 pages of attached exhibits, with the claimant's prior consent. |