| 2025-04-04 | UPC_CFI_501/2023 | Munich LD | Infringement Action | — | Infringed | Infringement action by Edwards Lifesciences Corporation against Meril GmbH, Meril Life Sciences Pvt Ltd, and Meril Italy S.r.l. concerning transcatheter heart valve (Myval THV) and EP 3 669 828. The court found infringement, dismissed the invalidity counterclaim (patent valid), and ordered: injunction, recall, seizure and destruction, disclosure of sales data, provisional damages of EUR 663,000, publication of decision in five media outlets. Decision immediately and directly enforceable from date of service. Key headnotes: jurisdiction for multiple defendants with commercial relationship; problem-solution approach for inventive step; cease-and-desist without penalty clause insufficient. |
| 2025-04-01 | UPC_CFI_499/2024 | The Hague LD | Infringement Action | Procedural | Procedural only | The Hague Local Division rejected the defendant's application for re-establishment of rights under R. 320 RoP after missing the deadline for filing a statement of defence, finding the representative had not exercised due care given the specific circumstances of the case. |
| 2025-02-19 | UPC_CFI_16/2025 | The Hague LD | Application for preserving evidence pursuant to RoP192 | Evidence | Procedural only | The Hague Local Division issued a procedural order concerning access to an expert's written report from evidence preservation proceedings, regulating a confidentiality regime for the report initially limiting access to defendants' representatives and later extending it to the applicant. |
| 2025-02-17 | UPC_APP_66551/2024 | Munich LD | Generic application | Procedural | Procedural only | The Munich Local Division rejected Meril's application for rectification of an infringement decision (ORD_598479/2023) under R. 353 RoP, finding that the alleged inaccuracies in the statement of facts did not constitute clerical errors or obvious slips warranting correction. |
| 2025-02-10 | UPC_CFI_640/2024 | Munich LD | Application For Costs | — | Costs only | Decision of the Munich Local Division on a costs assessment (Kostenfestsetzung) following withdrawal of an application for provisional measures by SSAB Europe Oy and SSAB Swedish Steel GmbH against Tiroler Rohre GmbH after the oral hearing. The first-instance court had previously ordered Tiroler Rohre (the unsuccessful PI applicant) to bear costs including preparation of the protective brief. The costs decision addressed the reasonableness of hours billed by claimants' legal representatives, making deductions for excessive time entries across multiple tasks (protective brief, main PI proceedings, e-mail correspondence). Allowable costs were calculated for one attorney-at-law, one patent attorney, and a second patent attorney. |
| 2025-01-29 | UPC_APP_68468/2024 | The Hague LD | Application Rop 265 | Procedural | Withdrawn | Order 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. |
| 2025-01-29 | UPC_APP_68465/2024 | The Hague LD | Application Rop 265 | Procedural | Withdrawn | Order 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. |
| 2025-01-22 | ACT_1474/2025 | The Hague LD | Application for preserving evidence pursuant to RoP192 | Evidence | Procedural only | The Hague Local Division granted Mammoet Holding B.V.'s application for preserving evidence against PTS Machinery B.V., ordering an expert inspection of the defendant's premises without prior hearing to gather evidence of alleged infringement of EP 4 171 996. Security of EUR 20,000 was required. |
| 2025-01-17 | UPC_CFI_376/2023 | Brussels LD | Infringement Action | — | Not infringed | Decision on the merits by the Brussels Local Division (full panel) in an infringement action concerning a patent on a medical device (sleep apnea treatment). The court dismissed both the literal infringement claim and the infringement-by-equivalence claim against OrthoApnea S.L. and Vivisol B BV. On literal infringement, the court interpreted the patent claims in light of the claim as a whole and found the accused products did not meet all claim features. On equivalence, the court found no functional equivalence regardless of which equivalence test was applied. The court also lifted the earlier evidence-preservation order (seizure) and ordered the claimant (unnamed, anonymized) to pay the defendants' costs. A key procedural holding addressed the temporal conditions for bringing main proceedings following evidence preservation. |
| 2025-01-10 | UPC_APP_3187/2024 | Munich LD | Infringement Action | Procedural | Costs only | The Munich Local Division ruled on the costs assessment in the Edwards v Meril preliminary injunction proceedings, holding that recoverable costs and disbursements assessed in a costs determination are not subject to interest. |
| 2024-12-27 | UPC_APP_41756/2024 | Dusseldorf LD | Generic application | Procedural | Procedural only | The Düsseldorf Local Division considered Apple's request for security for legal costs against claimant Ona Patents SL (an NPE with minimal share capital), addressing the claimant's financial capacity to bear costs if the action is dismissed. |
| 2024-12-20 | UPC_APP_62866/2024 | Hamburg LD | Application Rop 333 | Procedural | Procedural only | The Hamburg Local Division rejected Harvard/10x Genomics' request to file a further auxiliary request to amend the patent, finding the application was filed approximately three months after the reason for amendment arose and would risk delaying proceedings. |
| 2024-12-18 | ORD_66938/2024 | The Hague LD | Procedural Order | Procedural | Procedural only | The Hague Local Division (Judge-Rapporteur) ordered that Amycel's attempts to serve the Statement of Claim on the anonymous defendant (located in Poland, an EU country that is not a UPC Contracting Member State) constituted good service, that the Statement of Claim was deemed served on 18 November 2024, and set the time period for the defendant to lodge a Statement of Defence ending 18 February 2025. |
| 2024-11-22 | UPC_CFI_239/2023 | The Hague LD | Counterclaim for revocation | Revocation merits | Infringed | The Hague Local Division held that the patent is valid and infringed by equivalence. The Court ordered Arkyne Technologies (Bioo) to cease and desist from infringing EP 2 137 782 by applying the patented method or supplying Bioo Panels, Bioo Benches, or Bioo products in Benelux, France, Germany, and Italy. The Court rejected the counterclaim for revocation. The Court also ordered a customer notification letter/website publication. |
| 2024-11-15 | UPC_APP_57746/2024 | Munich LD | Generic application | Procedural | Procedural only | Procedural order from the Munich Local Division (UPC_CFI_15/2023) rejecting Meril's application to request information from the European Commission regarding antitrust investigations into Edwards Lifesciences' patent filing and litigation strategy. The Court declined to exercise its discretion to seek such information and denied Meril's request to reopen the oral procedure. |
| 2024-11-15 | UPC_APP_56354/2024 | Munich LD | Generic application | Procedural | Procedural only | Procedural order from Munich Local Division (full panel) in the infringement proceedings of Edwards Lifesciences Corporation against Meril GmbH and Meril Life Sciences Pvt Ltd. concerning EP 3 646 825. Defendants requested the court to ask the European Commission for information about antitrust investigations against Edwards. The panel declined the request at this stage as premature and disproportionate, noting that the merits (infringement and validity) would be assessed at the oral hearing first. |
| 2024-11-15 | UPC_APP_60393/2024 | Munich LD | Generic application | Procedural | Procedural only | The Munich Local Division issued a procedural order in the infringement action by Edwards Lifesciences Corporation against Meril GmbH and Meril Life Sciences Pvt Ltd. (UPC_CFI_15/2023, EP 3 646 825). The defendants' applications to request information from the European Commission about antitrust investigations involving Edwards were denied. The Court declined to approach the European Commission as this was neither ordered by the Court of its own motion nor within the procedural framework for the specific oral hearing. |
| 2024-10-24 | UPC_APP_33127/2024 | Munich LD | Generic application | Costs | Withdrawn | Munich Local Division decision following the applicant Tiroler Rohre GmbH's withdrawal of an application for provisional measures (R. 265 RoP) after the oral hearing and after the court had indicated concerns about granting the measures. The court dismissed the respondents' (SSAB) opposition to the withdrawal, holding that a legitimate interest in obtaining a substantive decision does not arise merely because the respondents incurred costs defending against the application, even where the applicant has announced forthcoming main proceedings on the same subject matter. The court also declined to order a preliminary costs decision in favour of respondents following withdrawal. |
| 2024-10-14 | UPC_CFI_327/2024 | The Hague LD | Procedural Order | — | Procedural only | Order from The Hague Local Division dated 14 October 2024 partially granting Winnow Solutions Limited's request to produce evidence under R. 190 RoP in its infringement action against Orbisk B.V. The court found a prima facie case of infringement of EP 3 198 245 B1 and ordered Orbisk to produce certain documents, but limited the scope as the original request was too broad. Non-infringement and invalidity arguments were reserved for full panel evaluation. Orbisk was granted a period to file a R. 262A motion and access to the produced documents was restricted to Winnow's legal representatives. |
| 2024-10-11 | UPC_APP_3393/2024 | Munich LD | Procedural Order | Procedural | Costs only | The Munich Local Division issued a costs assessment order following provisional measures proceedings, determining recoverable legal costs for Hanshow's four defendant entities, finding a reasonable time expenditure of up to 150 hours per attorney and 40 hours per patent attorney, resulting in total assessed costs of approximately EUR 154,400. |
| 2024-09-26 | ORD_53245/2024 | Dusseldorf LD | Generic Order | Procedural | Settled | The Düsseldorf Local Division accepted the withdrawal of Dolby International AB's infringement action against Optoma entities following an out-of-court settlement. Each party bears its own costs; Dolby received a 60% refund of its court fees. |
| 2024-09-17 | ACT_581538/2023 | Brussels LD | Infringement Action | Procedural | Procedural only | The Brussels Local Division issued a procedural order following an interim conference under R. 105.5 RoP, setting the schedule and framework for the oral hearing in this infringement action concerning EP 2 331 036. |
| 2024-08-30 | UPC_CFI_99/2024 | Dusseldorf LD | Application RoP262A | — | Procedural only | Procedural order from the Düsseldorf Local Division dated 30 August 2024 on confidentiality protection (R. 262A RoP) in infringement proceedings brought by Ona Patents SL against Apple entities. The order addresses the protection of trade secrets, specifically ruling that negative facts (the statement that products do not support certain functionalities) can also be subject to confidentiality. The names of employees involved in the relevant technical matters were also included within the confidentiality order. |
| 2024-08-12 | UPC_CFI_281/2024 | Dusseldorf LD | Generic application | — | Settled | Decision from Düsseldorf Local Division dated 6 August 2024 permitting Seoul Semiconductor Co., Ltd. to withdraw its patent infringement action against Amazon Services Europe S.à r.l. regarding EP 3 339 920 B1. The withdrawal was agreed following an out-of-court settlement. Each party bears its own costs and Seoul Semiconductor bears the court fees. The claimant was ordered reimbursement of 60% of court fees (EUR 6,600) pursuant to R. 370.9(b)(i) RoP. |
| 2024-08-06 | UPC_CFI_327/2024 | The Hague LD | Generic application | — | Procedural only | The Hague Local Division issued a procedural order granting defendant Orbisk B.V. an extension to respond to Winnow Solutions Limited's evidence production request (R. 190 RoP) until 6 September 2024 (one week beyond the three-week period previously granted and the four-week extension Winnow agreed to), rather than allowing Orbisk to defer its response until its Statement of Defence on 27 September 2024. The extension was granted solely on account of the summer holiday period. |
| 2024-07-31 | UPC_CFI_195/2024 | The Hague LD | Application for provisional measures | — | PI granted | The Hague Local Division granted a preliminary injunction against the defendant prohibiting direct infringement of EP 1 993 350 B2 (relating to a hybrid Agaricus bisporus mushroom strain) in the Netherlands, Germany, France and Italy. The court held that the mushroom strain was not excluded from patentability under Art. 53(b) EPC and found a prima facie case of infringement. The defendant was ordered to deliver up infringing Cayene mushroom strains, provide customer information, pay an interim award of EUR 11,000 in costs, and penalties of up to EUR 50,000 per day for non-compliance. The injunction was made conditional on Amycel providing security of EUR 200,000. |
| 2024-07-29 | UPC_APP_39789/2024 | The Hague LD | Application RoP262.1 (b) | Procedural | Procedural only | Procedural order granting Powell Gilbert LLP's application for public access to the register (R. 262.1 RoP) in the Abbott Diabetes Care v Sibio Technology preliminary injunction proceedings. The court applied the criteria from Ocado v AutoStore and granted access despite objections from both Abbott and Sibio that proceedings were still ongoing on appeal. |
| 2024-07-29 | UPC_APP_39761/2024 | The Hague LD | Application RoP262.1 (b) | Procedural | Procedural only | The Hague Local Division granted law firm Powell Gilbert LLP's application for public access to the written pleadings and evidence in the provisional measures proceedings between Abbott Diabetes Care Inc. and Sibio Technology Limited / Umedwings Netherlands B.V. concerning EP 2 713 879 (a continuous glucose monitoring patent), following the conclusion of those proceedings by a final order. The court applied the Ocado v AutoStore criteria and held that Powell Gilbert had a legitimate interest in understanding the decision, and that the protection-of-integrity interest no longer applied once proceedings had ended at first instance (even if an appeal was pending, per CoA precedent). Annex E1 (confidential) was subject to further consideration. |
| 2024-07-29 | UPC_CFI_501/2023 | Munich LD | Infringement Action | — | Procedural only | Munich Local Division issued a case management order fixing dates for the interim conference and oral hearing in this infringement action concerning heart valve technology, balancing the claimant's right to a hearing within one year of service with defendants' representative availability constraints. |
| 2024-07-19 | ORD_42503/2024 | Brussels LD | Generic Order | Procedural | Procedural only | The Brussels Local Division (full panel) dismissed the respondents' application for review under R. 333 RoP of an earlier judge-rapporteur order that had denied their objection against the claimant's equivalence arguments introduced in the reply. The panel upheld the judge-rapporteur's finding that introducing an infringement argument based on equivalence in the reply did not constitute a fundamental new ground requiring prior leave under R. 263.1 RoP. |
| 2024-07-08 | UPC_APP_37702/2024 | Brussels LD | Generic application | Procedural | Procedural only | Procedural order of the Brussels Local Division in an infringement action concerning EP 2 331 036. The order addresses whether the claimant was permitted to supplement the factual basis and add equivalence infringement arguments in the Reply to the Statement of Defence, and whether the request/claims could be adapted. The order ruled on the admissibility of equivalence arguments raised at the reply stage. |
| 2024-06-21 | UPC_APP_35134/2024 | The Hague LD | Generic application | Procedural | Procedural only | The Hague Local Division rejected a request for simultaneous interpretation facilities between English and Polish at the oral hearing in the Amycel v. Spyra preliminary injunction proceedings, but granted a different request for interpretation under Rule 109.4 RoP after applying the double appropriateness test. |
| 2024-06-19 | ACT_14945/2024 | The Hague LD | Application for provisional measures | Preliminary injunction | PI denied | Application for a preliminary injunction by Abbott Diabetes Care Inc. against Sibio Technology Limited and Umedwings Netherlands B.V. concerning EP 3 831 283 (wearable glucose monitoring device) was denied by The Hague Local Division. The court found it more likely than not that claim 1 of the patent would be held invalid for added matter (the claimed feature of a connector support being received through a distal-facing opening into a recess was not directly and unambiguously derivable from the application as filed). As a result, Abbott must bear defendants' costs. Value of the action set at EUR 4,000,000. |
| 2024-05-15 | UPC_APP_15573/2024 | The Hague LD | Application RoP262A | Procedural | Procedural only | The Hague Local Division judge-rapporteur issued a confidentiality order under Rule 262A RoP, classifying experimental data relating to allegedly infringing Bioo Panels as confidential, granting access only to one named natural person per party plus legal representatives, subject to a proportionate penalty for breach. |
| 2024-05-15 | UPC_APP_15573/2024 | The Hague LD | Application RoP262A | Procedural | Procedural only | The Hague Local Division granted Arkyne Technologies' (Bioo) application for a confidentiality order under R.262A RoP, protecting experimental data in the counterclaim proceedings, but limited access to one natural person within Plant-e and ordered that a proportionate penalty be assessed on a case-by-case basis for each breach. |
| 2024-05-01 | UPC_CFI_379/2023 | The Hague LD | Generic application | — | Withdrawn | The Hague Local Division (full panel) declared the infringement action by Keestrack N.V. against Geha Laverman B.V. concerning EP 3 713 672 closed following withdrawal of the action with the consent of the defendant. Each party bears its own costs. A 60% reimbursement of the fixed court fee was ordered pursuant to R. 370.11 RoP as the withdrawal occurred before the end of the written procedure. |
| 2024-04-08 | UPC_APP_16619/2024 | Munich LD | Generic application | Procedural | Procedural only | Order from the Munich Local Division (UPC_CFI_501/2023) rejecting Meril's request for a three-week extension to file its Statement of Defence following a language change from German to English. The Court held that a language change agreed to shortly before the deadline does not constitute exceptional circumstances justifying an extension, consistent with the UPC's principle that extensions should be granted only in exceptional cases. |
| 2024-03-05 | UPC_APP_7662/2024 | Munich LD | Generic application | Procedural | Procedural only | The Munich Local Division denied Edwards Lifesciences Corporation's request to convert a scheduled video-conference intermediate hearing to an in-person hearing, and also denied the court-ordered simultaneous interpretation from German into English, ruling that the claimant had voluntarily chosen German as the language of proceedings and could arrange interpretation at its own expense under R. 109.2 RoP. |
| 2024-03-04 | UPC_CFI_239/2023 | The Hague LD | Infringement Action | Procedural | Procedural only | The Hague Local Division granted Plant-e's application for a confidentiality order under R.262A RoP protecting financial information submitted with their reply to a R.158 application, with access limited to counsel only with the consent of the parties. |
| 2024-03-04 | UPC_CFI_239/2023 | The Hague LD | Application RoP262A | Procedural | Procedural only | The Hague Local Division granted Plant-e's application for a confidentiality order under R.262A RoP protecting financial information submitted with their reply to a R.158 application, with access limited to counsel only with the consent of the parties. |
| 2024-02-15 | UPC_CFI_239/2023 | The Hague LD | Generic Order | Procedural | Procedural only | The Hague Local Division decided to hear both the infringement action and the counterclaim for revocation jointly (Art. 33(3)(a) UPCA), as both parties agreed and joint hearing was considered expedient for uniform interpretation. |
| 2024-02-13 | UPC_APP_586761/2023 | The Hague LD | Generic application | Costs | Procedural only | The Hague Local Division rejected Arkyne Technologies' (Bioo) application under Rule 158 RoP requiring Plant-e to provide security for legal costs, finding that the financial strain a cautio would impose on the claimant (a competing SME with limited finances) would be a serious impediment to access to justice, and also noting that Dutch national law does not permit security for costs against EU-domiciled claimants. |
| 2024-02-09 | UPC_CFI_424/2023 | The Hague LD | Infringement Action | Procedural | Procedural only | The 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. |
| 2024-01-17 | UPC_CFI_239/2023 | The Hague LD | Procedural Order | Procedural | Procedural only | The Hague Local Division issued a procedural order clarifying the deadline for Plant-e to file its defence to the counterclaim for revocation and setting provisional dates for the interim conference and oral hearing, while also inviting parties to comment on the application of Art. 33(3) UPCA regarding bifurcation. |
| 2023-12-22 | UPC_CFI_424/2023 | The Hague LD | Infringement Action | Procedural | Procedural only | The 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. |
| 2023-12-20 | UPC_CFI_292/2023 | Munich LD | Application for provisional measures | Preliminary injunction | PI denied | The Munich Local Division dismissed SES-imagotag's application for provisional measures against Hanshow Technology and related entities concerning electronic shelf label technology, finding that infringement of EP3883277 had not been established with sufficient certainty. The court also ordered SES-imagotag to bear the costs including those of the protective letter filed by the respondents. |
| 2023-12-19 | UPC_CFI_249/2023 | Munich LD | Application for provisional measures | Procedural | Costs only | The Munich Local Division issued a costs order following the discontinuation of provisional measures proceedings after the respondents (Meril) provided an undertaking to cease the contested acts. The court found the proceedings had become moot, declared the PI application resolved, and ordered the respondents to bear the applicant's costs up to a ceiling of EUR 200,000, holding that respondents had unnecessarily caused those costs. |
| 2023-10-27 | UPC_CFI_22/2023 | Hamburg LD | Infringement Action | Procedural | Procedural only | The Hamburg Local Division granted an extension of the deadline for Vizgen, Inc. to file its defence in an infringement action by 10x Genomics and Harvard College, citing delayed upload of statement of claim annexes by the claimants and a delayed CMS access for the defendant's representatives. |
| 2023-10-22 | UPC_APP_49415/2024 | Hamburg LD | Application Rop 333 | Procedural | Procedural only | Hamburg Local Division granted requests for production of documents under R.190/333 RoP in the context of an abuse of rights defence. The panel ordered claimants to produce specific internal documents relevant to an alleged abuse of rights objection raised by defendant Vizgen, including email correspondence and deposition transcripts from related US proceedings. |
| 2023-10-18 | UPC_CFI_239/2023 | The Hague LD | Infringement Action | Procedural | Procedural only | The President of the Court of First Instance issued an order pursuant to Rule 323 RoP on the language of proceedings, in an infringement action by Plant-e Knowledge B.V. and Plant-e B.V. against Arkyne Technologies S.L., concerning EP 2 137 782 relating to a device for converting light energy into electrical energy. |