| 2026-02-04 | UPC_CoA_891/2025 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | Procedural only | The Court of Appeal ruled on the admissibility of Centripetal's amended requests in its appeal concerning an application for preserving evidence and inspecting premises at Palo Alto's Mannheim offices. The order addresses whether amended requests submitted on appeal are admissible and how the preservation/inspection procedure should proceed. The Court ordered the evidence preservation and inspection subject to specified conditions. Judges: Klaus Grabinski (President), Peter Blok (judge-rapporteur), Emanuela Germano, Eric Augarde, Torsten Duhme. |
| 2026-02-03 | UPC_CoA_8/2025 | Court of Appeal | Generic application | Procedural | Settled | Following the conclusion of appeal proceedings and a settlement agreement between Oerlikon Textile GmbH & Co KG and Bhagat Textile Engineers on payment of procedural costs (arising from the infringement judgment UPC_CFI_241/2023 and the appeal UPC_CoA_8/2025 decision of 9 December 2025), the Court of Appeal ordered the release and transfer to Oerlikon of the EUR 19,000 security deposit provided by Bhagat pursuant to the security for costs order of 30 October 2025. Bhagat consented to the transfer. |
| 2026-02-03 | UPC_CoA_8/2025 | Court of Appeal | Generic application | Procedural | Settled | Italian-language version of the Court of Appeal order (Emmanuel Gougé) ordering the release and transfer to Oerlikon of EUR 19,000 security deposit provided by Bhagat, following settlement of cost payment obligations in the infringement and appeal proceedings concerning EP 2 145 848. Identical substance to the English version. |
| 2025-12-24 | UPC_APP_20809/2025 | Court of Appeal | Generic application | motionName.appeal_decision | Settled | The Court of Appeal permitted Sumi Agro Limited and Sumi Agro Europe Limited's withdrawal of their application for rehearing (R. 245 RoP) in the appeal UPC_CoA_523/2024, filed following ongoing settlement discussions between the parties. Both parties jointly applied for the withdrawal, agreed that no costs would be claimed, and requested release of the security deposit. The proceedings were declared closed. |
| 2025-12-09 | UPC_CoA_12/2025 | Court of Appeal | Appeal RoP220.1 | — | outcomeName.other | Italian-language version of the Court of Appeal decision (same case as UPC_CoA_8/2025) on damages and costs in the Bhagat v Oerlikon appeal (EP 2 145 848). The CoA confirmed Bhagat's negligent infringement, rejected Oerlikon's reputational damage claims, and upheld the 80/20 cost split from the first-instance proceedings. |
| 2025-12-09 | UPC_CoA_8/2025 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | outcomeName.other | Court of Appeal decision on damages and costs in appeal by Bhagat Textile Engineers against the first-instance infringement decision (EP 2 145 848). The CoA confirmed that Bhagat was at least negligent (Art. 68(1) UPCA) having exhibited the infringing product at ITMA 2023 without checking the patent landscape. Oerlikon's claims for moral/reputational prejudice were rejected as insufficiently substantiated. The CoA upheld the CFI's cost allocation (Bhagat to bear 80% of first-instance costs). The CoA determined the damages quantum. |
| 2025-10-30 | UPC_CoA_8/2025 | Court of Appeal | Application For Costs | Costs | Costs only | The Court of Appeal (Panel 1b: Grabinski, Gougé, Germano, Checcacci, Wilhelm) ordered Bhagat Textile Engineers to provide security for costs of EUR 19,000 (50% of the applicable ceiling) within 10 days in the appeal against the Milan Local Division's infringement judgment concerning EP 2 145 848. The court rejected Oerlikon's request for security regarding first-instance costs already awarded (as those are a matter of enforcement). Security was justified by Bhagat's financial difficulties, the non-enforceability of UPC orders in India, and Bhagat's explicit acknowledgment that it cannot pay the first-instance costs. |
| 2025-10-30 | UPC_CoA_8/2025 | Court of Appeal | Application For Costs | Costs | Costs only | Italian-language version of the Court of Appeal order (Panel 1b) ordering Bhagat Textile Engineers to provide security for costs of EUR 19,000 in the appeal concerning EP 2 145 848. Identical substance to the English version: security ordered based on Bhagat's financial difficulties and non-enforceability of UPC orders in India. Request for security covering first-instance costs rejected. |
| 2025-08-21 | UPC_APP_33358/2025 | Court of Appeal | Application Rop313 | Procedural | Withdrawn | The UPC Court of Appeal granted the withdrawal of an intervention application filed by LIFE 365 S.R.L. and LIFE 365 ITALY S.P.A. in an appeal (LAMA v Hewlett-Packard) concerning patents EP2089230 and EP1737669, as the underlying appeal had already been closed before the intervention request was filed. |
| 2025-08-21 | UPC_APP_33358/2025 | Court of Appeal | Application Rop313 | Procedural | Withdrawn | Court of Appeal granted the application by Life 365 S.r.l. and Life 365 Italy S.p.A. to withdraw their application to intervene (R. 313 RoP), following a settlement between LAMA and HPDC in the underlying appeal proceedings. The parties in the main appeal had already withdrawn all their claims by decision of 24 July 2025. |
| 2025-07-24 | ORD_33660/2025 | Court of Appeal | Generic Order | Procedural | Withdrawn | The UPC Court of Appeal granted Hanshow Germany GmbH's request to withdraw its appeal against a cost decision in a revocation action concerning EP3883277, and ordered 60% reimbursement of court fees under R.370.9(b)(i) RoP as the withdrawal occurred before closure of the written procedure. Each party bears its own costs. |
| 2025-07-24 | UPC_CoA_24/2025 | Court of Appeal | Application Rop 265 | — | Settled | Decision of the Court of Appeal dated 24 July 2025 granting withdrawal of all proceedings in the appeal by HEWLETT-PACKARD DEVELOPMENT COMPANY (HPDC) and the cross-appeal by LAMA FRANCE, following an out-of-court settlement. The underlying Paris Local Division decision of 13 November 2024 had found EP 2 089 230 invalid and EP 1 737 669 infringed by LAMA. Both parties withdrew their appeals and the proceedings were declared closed. A 60% reimbursement of court fees before the Court of Appeal was ordered for both parties. No cost decision was required as both parties agreed. |
| 2025-06-23 | APL_14947/2025 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Dismissed | Court of Appeal (Panel with President Grabinski) dismissed Sumi Agro Limited and Sumi Agro Europe Limited's appeal against a Munich Local Division order that had refused to revoke provisional measures granted to Syngenta Limited concerning EP 2 152 073 (a crop protection patent). The appeal concerned the timing of payment of court fees: the Court of Appeal held that fees are considered paid on time when a bank transfer order is given at the time of filing, not when the bank account actually receives the funds. On the merits, the court confirmed the first-instance cost decision. Sumi Agro was ordered to bear the costs of the appeal. |
| 2025-05-26 | UPC_CoA_1/2025 | Court of Appeal | — | Procedural | Injunction denied | The Court of Appeal denied the application by Chainzone Technology (Foshan) Co., Ltd. (intervener/defendant) for suspensive effect of its appeal against the infringement order of the Vienna Local Division (15 January 2025) in proceedings between SWARCO FUTURIT and STRABAG. Chainzone failed to demonstrate manifest errors in the first-instance decision concerning EP 2 643 717 (a colour-mixing convergent optical system). The order confirming the injunction against STRABAG therefore remained enforceable. This is the German language version; an English translation exists (see finalorderuspensiveeffect EN.pdf). Note: the referenced case number in the parties section is UPC_CoA_70/2025 (Strabag appeal) and UPC_CoA_1/2025 (Chainzone appeal). |
| 2025-05-26 | UPC_CoA_1/2025 | Court of Appeal | — | Procedural | Injunction denied | The Court of Appeal denied the application by Chainzone Technology (Foshan) Co., Ltd. for suspensive effect of its appeal against the infringement order of the Vienna Local Division concerning EP 2 643 717 (colour-mixing convergent optical system / LED optics). Chainzone failed to demonstrate that the first-instance decision was manifestly erroneous. The enforcement of the injunction against STRABAG therefore continued. Key headnotes: application for suspensive effect must itself enable the respondent to prepare and the court to decide; suspensive effect requires manifest error in the impugned order; a company director is not an 'intermediary' under Art. 63 UPCA merely by reason of their directorship; security for enforcement under R.352.1 must be ordered at the time of the decision. This is the English translation of finalordersuspensiveeffect.DE_.pdf. |
| 2025-03-03 | UPC_CoA_805/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Withdrawn | The Court of Appeal (Panel 1b: Grabinski, Gougé, Germano) permitted Curio Bioscience's withdrawal of its appeal (APL_65956/2024) against the Düsseldorf Local Division's order requiring Curio to provide security for costs of EUR 200,000 in the infringement action by 10x Genomics concerning EP 2 697 391. 10x Genomics did not object to the withdrawal. Proceedings declared closed; no cost decision needed. |
| 2025-01-08 | UPC_APP_67902/2024 | Court of Appeal | Application Rop313 | Procedural | Procedural only | The Court of Appeal allowed MediaTek Inc.'s application to intervene as a party in the appeal proceedings (Daedalus Prime LLC v. Xiaomi) concerning an order restricting access to confidential information, and instructed MediaTek and Xiaomi to coordinate their submissions for the oral hearing. |
| 2024-12-19 | UPC_CoA_523/2024 | Court of Appeal | Procedural Order | Procedural | Procedural only | The Court of Appeal (Second Panel) ruled on admission of new evidence in the appeal by Sumi Agro against the Munich Local Division's provisional measures order in favour of Syngenta concerning EP 2 152 073. Exhibit SA17 (new pages from a publication already partly submitted at first instance) was disregarded as Sumi Agro failed to justify why these additional pages could not have been submitted earlier. Syngenta's Exhibits FF28-29 were also disregarded. However, Syngenta's Exhibits FF24-27 (concerning a possibly changed version of the contested Kagura product) were admitted, as they related to new evidence about a product modification. |
| 2024-11-21 | APL_44633/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Procedural only | Decision by the Court of Appeal (UPC_CoA_456/2024, 21 November 2024) dismissing OrthoApnea's appeal against a first-instance order permitting the claimant to raise a doctrine-of-equivalents argument. The CoA held: not every new argument is an amendment of the case requiring leave under R. 263 RoP; raising the doctrine of equivalents does not change the nature or scope of the infringement dispute when the same patent and product remain at issue; admissibility of new arguments depends on circumstances and procedural fairness. |
| 2024-11-21 | APL_44633/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Dismissed | Court of Appeal declared the appeal against the primary first-instance order inadmissible and rejected the appeal against the review order. The CoA clarified the rules on amendment of a case versus new arguments: not every new argument constitutes an amendment of case requiring leave under R.263 RoP; the nature or scope of the dispute must change. The anonymised respondent's claims relating to admissibility of new arguments were assessed. The case involves a patent infringement action before a Dutch-language division. |
| 2024-10-15 | CoA_PC 01/2024 | Court of Appeal | Appeal RoP220.2 | — | Dismissed | Court of Appeal declared Photon Wave's appeal inadmissible. The CoA held that leave to appeal under R.220.2 RoP (other than together with an appeal against the final decision) must be expressly granted by the Court of First Instance and cannot be presumed. As no express leave to appeal was granted by the Paris Local Division, the appeal was inadmissible. |
| 2024-10-15 | CoA_PC 01/2024 | Court of Appeal | Appeal RoP220.2 | — | Dismissed | Court of Appeal declared Photon Wave's appeal inadmissible. The Court held that leave to appeal under R. 220.2 RoP must be expressly granted by the Court of First Instance and cannot be presumed. Since the Paris Local Division had not expressly granted leave to appeal the procedural order of 24 July 2024, the appeal was inadmissible. |
| 2024-10-04 | UPC_CoA_2/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Costs only | Order from the Court of Appeal dated 4 October 2024 on costs following Meril's submission of an undertaking (Unterlassungs- und Verpflichtungserklärung) to Edwards Lifesciences, which resulted in dismissal of the preliminary injunction action. The CoA held that, where a defendant undertakes to comply with the claimant's requests after proceedings have commenced, the claimant is generally to be regarded as the prevailing party under Art. 69(1) UPCA, without any need to examine the merits at the time of the undertaking. The undertaking itself implies that the claimant's requests were satisfied. Accordingly, Meril was ordered to bear the costs of proceedings. |
| 2024-10-04 | UPC_CoA_2/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Costs only | The Court of Appeal dismissed Meril's appeal against the Munich Local Division's costs order following a cease-and-desist undertaking by Meril. The Court held that Edwards was the successful party because Meril's cease-and-desist undertaking fulfilled the substance of Edwards' requests after proceedings commenced. Where a defendant gives a cease-and-desist undertaking during proceedings, the claimant is generally the successful party for costs purposes, and there is no need to examine admissibility and merits at the time of the undertaking. |
| 2024-09-17 | APL_26889/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Procedural only | Court of Appeal ordered the stay of UPC revocation proceedings (UPC_CFI_484/2023) in Mala Technologies Ltd. v Nokia Technology GmbH concerning EP 2 044 709 (German part only), pending the outcome of parallel German Federal Patent Court/BGH revocation proceedings initiated by Nokia Solutions. Applying Art. 30 Brussels I recast Regulation, the court found that the causes of action in both proceedings are almost identical, the parties closely related, and the German proceedings at a more advanced stage. Mala's request for stay was upheld, and Nokia Technology's auxiliary request to limit the stay to the German part was rejected as moot. |
| 2024-09-05 | APL_12739/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Dismissed | Court of Appeal (5 September 2024) dismissed Advanced Bionics' appeal against the CFI's refusal to transfer their infringement case to the Central Division. The CoA confirmed that joinder under R. 340 RoP cannot result in transfer to a different chamber outside Art. 33 UPCA, and that Art. 33(5) UPCA does not allow transfer of an infringement action to the Central Division without the consent of both parties. |
| 2024-09-05 | APL_24598/2024 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | Dismissed | Court of Appeal (5 September 2024) dismissed Advanced Bionics' appeal against the CFI's refusal to change the language of proceedings from German to English (the patent language). The CoA confirmed that the domicile of parties in a German-speaking country was a decisive factor against granting a language change, and clarified that Art. 49(5) UPCA does not require the language change request to be included in the statement of defence. |
| 2024-09-05 | UPC_CoA_207/2024 | Court of Appeal | Appeal RoP220.1 | — | Dismissed | The Court of Appeal dismissed Advanced Bionics' appeal against the President of the Court of First Instance's refusal to change the language of proceedings from English (language of the patent) to German in the infringement action before the Mannheim Local Division. The Court held that the parties' domicile in countries where the language chosen by the claimant is an official language is an important factor weighing against a language change. The application was not required to be included in the Statement of Defence (Art. 49(5) UPCA; R. 323.3 RoP). |
| 2024-09-05 | UPC_CoA_106/2024 | Court of Appeal | Appeal RoP220.2 | — | Dismissed | The Court of Appeal dismissed Advanced Bionics' appeal against the Mannheim Local Division's order refusing to refer the infringement action to the Central Division via a connection joinder (R. 340 RoP). The Court held that a connection joinder under R. 340 RoP cannot result in referral to another division beyond the possibilities provided in Art. 33 UPCA, and Art. 33 UPCA does not permit referral of an infringement action from a local division to the central division without the agreement of the parties. |
| 2024-07-30 | UPC_APP_43889/2024 | Court of Appeal | Generic application | motionName.appeal_decision | Procedural only | The Court of Appeal rejected Alexion Pharmaceuticals' request to expedite the appeal against the Hamburg Local Division's refusal to grant provisional measures against Amgen, holding that the circumstances were not sufficiently urgent to justify shortening the time period for the respondents to lodge their statement of response. |
| 2024-06-21 | UPC_CoA_227/2024 | Court of Appeal | Appeal RoP220.2 | — | Procedural only | The Court of Appeal ruled on Mala Technologies Ltd.'s appeal against the Paris Central Division's order on a preliminary objection, and its associated request to stay first-instance proceedings pending appeal. The CoA held that a request to stay first-instance proceedings under R. 21.2 RoP must be 'reasoned' in the written statement; submissions first made at an interim conference cannot substitute for that written reasoning. Mala's request to stay was accordingly rejected. The order also summoned the parties to an oral hearing by videoconference. |
| 2024-02-15 | UPC_CoA_2/2024 | Court of Appeal | Generic Order | Costs | Procedural only | Procedural order from the Court of Appeal (UPC_CoA_2/2024) on the appeal fee issue in provisional measures proceedings. The appeal concerned a Munich Local Division order declaring the PI application moot after Meril gave an undertaking and cease and desist declaration. The order addressed cost allocation and whether the appeal fee was properly calculated. |
| 2024-02-15 | UPC_CoA_2/2024 | Court of Appeal | Generic Order | Costs | Costs only | Procedural order of the Court of Appeal addressing the appeal fee in an appeal by Meril GmbH and Meril Life Sciences against a Munich Local Division order in provisional measures proceedings brought by Edwards Lifesciences Corporation regarding EP 3 763 331 (crimping device for heart valve prostheses). After Meril submitted a cease-and-desist undertaking, Edwards accepted it and the case was resolved without a ruling. The first-instance court ordered Meril to bear costs up to EUR 200,000 and set the action value at EUR 1,500,000. Meril appealed. The Court of Appeal order concerned procedural aspects of the appeal fee payment. |