UPC Analytics
ENDE

Decisions

DateCaseDivisionActionMotionOutcomeSummary
2025-08-21UPC_APP_34189/2025Paris CDGeneric applicationProceduralSettledParis Central Division ordered the release of a EUR 25,000 security for procedural costs deposited by Ballinno B.V. (the defendant in a revocation action) to Kinexon Sports & Media GmbH (the claimant), following a settlement agreement between the parties. The main revocation action had been decided on 30 April 2025 (EP 1 944 067 revoked). The court applied Rule 352.2 RoP by analogy, noting the conclusion of the proceedings and the settlement.
2025-07-16UPC_CFI_484/2025Paris CDApplication RoP262AProcedural onlyProcedural order granting Kinexon's application for confidentiality protection (Rule 262A RoP) of litigation cost information contained in a cost decision application. The court held that litigation cost information qualifies as confidential information under Rule 262A and Article 58 UPCA.
2025-05-21UPC_CFI_230/2024Paris CDRevocation ActionProceduralProcedural onlyThe Central Division Paris issued a rectification order correcting a clerical error in the April 2025 decision that revoked EP 1 994 067 B1 in the Kinexon v Ballinno revocation action, correcting the patent number reference from EP 1 994 067 to EP 1 944 067.
2025-02-28UPC_CFI_312/2023Paris CDRevocation ActionRevocation meritsPatent amendedDecision on the revocation action by NJOY Netherlands B.V. against Juul Labs International Inc. concerning EP 3 504 989 (vaping/e-cigarette device). The court maintained the patent in amended form (Auxiliary Request 1, filed 22 July 2024) with effect for Belgium, France, Germany, Italy, Netherlands, Portugal and Sweden. The patent as granted was found invalid. Each party bears its own costs since both parties partially succeeded.
2025-01-17UPC_CFI_316/2023Paris CDRevocation ActionRevokedThe Paris Central Division (Seat, Panel 1) revoked European patent EP 3 430 921 B1 in its entirety, with effect for Belgium, France, Germany, Italy, Luxembourg, Netherlands, Portugal and Sweden. The claimant NJOY Netherlands B.V. succeeded in demonstrating that granted claim 1 lacked clarity/added matter, and the defendant Juul Labs International Inc.'s twelve auxiliary requests were all found unallowable. A thirteenth conditional auxiliary request (2d) was rejected as unreasonably numerous and unclear. Juul Labs was ordered to bear the costs of the proceedings.
2024-11-05ACT_571801/2023Paris CDRevocation ActionRevocation meritsPatent maintainedParis Central Division (Section 1) dismissed NJOY's revocation action against EP 3 504 991 B1 (Juul Labs - vaping device cartridge). The Court found the patent valid, holding that novelty and inventive step requirements were met. NJOY as the unsuccessful party was ordered to bear Juul Labs' costs.
2024-10-14UPC_APP_46766/2024Paris CDGeneric applicationCostsProcedural onlyThe Paris Central Division ordered Ballinno to provide security for Kinexon's legal costs in the revocation action concerning EP 1 944 067 B1 (sports tracking), refusing an oral hearing on the security issue and scheduling the main oral hearing for 21 March 2025.
2024-07-29ACT_555899/2023Paris CDRevocation ActionRevocation meritsPatent amendedThe Paris Central Division rejected the revocation action filed by BITZER Electronics A/S against EP 3 414 708 (claim 1), maintaining claim 1 as amended by auxiliary request II submitted during the proceedings; costs were borne 60% by the claimant and 40% by the defendant.
2024-07-29UPC_APP_35673/2024Paris CDApplication RoP262.1 (b)ProceduralProcedural onlyCentral Division Paris granted Mathys & Squire LLP's application for public access (R. 262.1(b) RoP) to written pleadings and evidence in proceedings between BITZER Electronics A/S and Carrier Corporation (EP 3 414 708). The applicant, an IP firm handling opt-out filings, argued general public interest in understanding how the UPC handles jurisdiction over opted-out patents. The respondents did not comment. Access was granted.
2024-04-30UPC_APP_20743/2024Paris CDApplication Rop 333ProceduralProcedural onlyThe Paris Central Division ruled that a patent amendment request (EP 3 414 708) is inadmissible to the extent it concerns claims not challenged in the revocation action, establishing that the right to amend is a defensive tool limited to challenged claims.
2024-04-24UPC_APP_587265/2023Paris CDApplication RoP262.1 (b)ProceduralProcedural onlyThe Paris Central Division ruled on a third-party application by Nicoventures Trading for public access to court files under R.262.1(b) RoP in a revocation action concerning EP 3 430 921, applying guidelines from the Court of Appeal's decision on public register access.
2024-04-05UPC_CFI_263/2023Paris CDRevocation ActionProceduralProcedural onlyThe judge-rapporteur issued an interim conference order setting out procedural directions for the revocation action concerning EP 3 414 708, including discussion of the validity of the priority claim and allowable form of amendments; no substantive ruling on patentability was made.
2024-03-06UPC_APP_6758/2024Paris CDApplication RoP262.1 (b)ProceduralProcedural onlyOrder by Central Division Paris (6 March 2024) refusing a member of the public's request under R. 262.1(b) RoP for access to registry notification documents in revocation proceedings (UPC_CFI_263/2023). The court held that R. 262.1(b) covers only written pleadings and evidence lodged by parties, not administrative documents issued by the Registry.
2024-01-08UPC_CFI_263/2023Paris CDRevocation ActionProceduralProcedural onlyThe Paris Central Division rejected Carrier Corporation's application to stay the revocation proceedings against EP3414708 pending EPO opposition proceedings, finding that the requirement of a 'rapid decision' from the EPO was not fulfilled because no concrete timeline for the EPO ruling had been established.