UPC Analytics
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Decisions

DateCaseDivisionActionMotionOutcomeSummary
2026-01-13UPC_CFI_1624/2025Munich LDApplication For CostsCostsProcedural onlyThe Munich Local Division (in German) granted the claimant re-establishment of rights under R. 320 RoP for missing the deadline to initiate cost proceedings following a cost ratio decision, finding an excusable misunderstanding of the legal situation despite legal representation; a dissenting opinion was appended.
2026-01-13UPC_CFI_1624/2025Munich LDApplication For CostsCostsProcedural onlyThe Munich Local Division (English version) granted the claimant re-establishment of rights under R. 320 RoP for missing the deadline to initiate cost proceedings, with a dissenting opinion holding the application should be inadmissible for lack of legal interest.
2026-01-13UPC_CFI_628/2024Munich LDInfringement ActionInfringement meritsNot infringedFinal decision on the merits in infringement action by Emboline, Inc. against AorticLab srl (EP 2 129 425, medical device). Court dismissed the infringement action finding the patent not infringed. The defendant's counterclaim for revocation was conditional (dependent on a finding of infringement), and since no infringement was found, no decision was made on the counterclaim. Both parties bear their own costs. Key headnotes: infringement not excluded by normal non-infringing operation if patent-compliant use remains possible; irregular use of a medical device in line with professional practice can constitute infringement; conditional counterclaim limited in scope (Rule 263.3 RoP).
2025-12-12UPC_CFI_525/2025Munich LDGeneric OrderCostsProcedural onlyOrder of the Munich Local Division granting a security for costs application (Rule 158 RoP) filed by OPPO, OnePlus, Realme and other defendants against ASUS Technology Licensing Inc. (a claimant incorporated in Taiwan) in an infringement action. The Court found that enforcing a cost decision in Taiwan would be at least unduly burdensome given the absence of international agreements or national Taiwanese laws guaranteeing enforcement of foreign judgments, and ordered security in connection with the infringement action (but not the as-yet unfiled counterclaim for revocation).
2025-12-12UPC_CFI_146/2024Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a rectification order under Rule 353 RoP correcting factual errors in a prior decision in the Sanofi v. Stada/Dr Reddy/Zentiva proceedings, including corrections regarding marketing authorisation holders and expert witness attribution.
2025-12-12UPC_CFI_146/2024Munich LDInfringement ActionInfringement meritsRevokedThe Munich Local Division found patent EP 2 493 466 (relating to cabazitaxel pharmaceutical formulations) invalid for lack of inventive step in infringement proceedings brought by Sanofi against STADA, Dr. Reddy's and Zentiva entities, dismissing the infringement claims.
2025-11-18UPC_CFI_804/2025Munich LDInfringement ActionProceduralProcedural onlyOrder of the President of the Court of First Instance granting TP-Link's application under R.323 RoP to change the language of proceedings from German to English. The court held that only one of the seven defendants is based in Germany, that the relevant technology field predominantly uses English, and that the need for internal coordination and technical support among defendants justified the change on grounds of fairness under Art.49(5) UPCA.
2025-10-17UPC_CFI_693/2025Munich LDApplication for provisional measuresPreliminary injunctionPI deniedThe Munich Local Division denied ONWARD Medical's application for provisional measures (preliminary injunction) against Niche Biomedical regarding EP 3 421 081 B1 (spinal cord stimulation), holding that the patent was likely invalid in its granted form and that auxiliary requests seeking provisional measures based on amended claim versions are generally inadmissible.
2025-10-17UPC_CFI_676/2025Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division granted the defendants' request to extend and align procedural deadlines (preliminary objection and statement of defence) for all Xiaomi defendants, to match the later statutory deadlines applicable to the Chinese defendants who accepted service voluntarily.
2025-10-17UPC_CFI_404/2025Munich LDGeneric OrderCostsCosts onlyThe Munich Local Division issued a costs decision in favour of Edwards Lifesciences against Meril, ruling on the reasonableness and proportionality of claimed costs including travel expenses and multiple representatives, and awarding costs in proceedings of above-average complexity.
2025-10-10UPC_CFI_688/2024Munich LDCounterclaim for revocationRevocation meritsRevokedThe same Munich Local Division decision as UPC_CFI_303/2024, in the associated counterclaim proceedings: EP 3 972 309 revoked for added matter and infringement action dismissed.
2025-10-10UPC_CFI_448/2024Munich LDCounterclaim for revocationRevocation meritsPartially revokedThe Munich Local Division issued the same decision (same panel) as UPC_CFI_114/2024 for the associated counterclaim proceedings, finding infringement action dismissed and patent EP 3 215 288 partially revoked.
2025-10-10UPC_CFI_303/2024Munich LDInfringement ActionInfringement meritsRevokedThe Munich Local Division revoked Motorola Mobility LLC's EP 3 972 309 (telecommunications patent) in full after finding added matter beyond the parent application, and dismissed the infringement action against ASUSTek, ASUS Computer GmbH and ASUSTEK (UK); costs borne by claimant Motorola.
2025-10-10UPC_CFI_114/2024Munich LDInfringement ActionInfringement meritsPartially revokedThe Munich Local Division dismissed Heraeus Electronics' infringement action against Vibrantz GmbH concerning EP 3 215 288 (metal sintering preparation) and partially allowed the counterclaim for revocation, with the patent maintained in amended form for certain claims; costs split 60% claimant / 40% defendant.
2025-09-15ACT_16116/2024Munich LDInfringement ActionProceduralProcedural onlyProcedural scheduling order by Munich Local Division (UPC_CFI_145-148/2024, 15 September 2025) summoning party experts to oral hearing on 14-17 October 2025 in four consolidated infringement proceedings by Sanofi entities against Accord Healthcare, STADA, Reddy Pharma/betapharm and Zentiva groups concerning EP 2 493 466.
2025-09-15ACT_16120/2024Munich LDInfringement ActionProceduralProcedural onlyMunich Local Division order (judge-rapporteur Zigann) following the second interim conference in consolidated infringement proceedings by Sanofi entities against Zentiva, STADA, Dr. Reddy's and Accord Healthcare groups concerning EP 2 493 466 (insulin glargine). The order confirms the oral hearing dates (14-17 October 2025), orders all four counterclaims to be heard together with separate handling of each infringement action, and gives organisational directions for the hearing.
2025-09-15ACT_16112/2024Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a post-interim-conference procedural order in consolidated infringement actions by Sanofi (and successor entities) against multiple generic companies (Accord, STADA, Dr Reddy's, Zentiva) relating to EP 2 493 466 (UPC_CFI_145–503/2024 group). The order confirmed oral hearing dates (14–17 October 2025) and directed that the four counterclaims for revocation be heard together while each infringement action is heard separately.
2025-09-15UPC_CFI_374/2024Munich LDInfringement ActionProceduralProcedural onlyMunich Local Division issued a procedural order in Sanofi's infringement action relating to multiple sets of generic pharmaceutical defendants (Accord, STADA, Dr Reddy's, Zentiva) concerning EP 2 493 466. The order addressed case management scheduling matters across four related infringement actions.
2025-09-09UPC_APP_35786/2025Munich LDGeneric applicationProceduralProcedural onlyMunich Local Division procedural order in infringement proceedings concerning a patent for robot vacuum cleaners (EP 3 494 446) brought by Papst Licensing against Ecovacs entities. ECOVACS Europe GmbH (defendant 2) requested an extension of deadlines for preliminary objection (to 26 September 2025) and for statement of defence/revocation counterclaim (to 26 November 2025), on the condition that it would also accept service and act as representative for the other Ecovacs defendants not yet separately represented. This would create uniform deadline arrangements for all defendants.
2025-09-04UPC_APP_35977/2025Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division issued a procedural order in the UERAN Technology v. Xiaomi infringement proceedings, addressing scheduling and procedural management of the multi-defendant action concerning EP 2 661 133.
2025-09-04UPC_APP_33992/2025Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division issued a procedural order addressing Belparts Group N.V.'s application under R.302.3 RoP to have the counterclaim for infringement from parallel Central Division Paris proceedings consolidated with the present infringement action against IMI Hydronic entities concerning EP3812870.
2025-09-04UPC_APP_35978/2025Munich LDGeneric applicationProceduralProcedural onlyProcedural order from the Munich Local Division (UPC_CFI_610/2025) on a request by Xiaomi Technology Germany GmbH to set uniform deadlines for all defendants in a new infringement action by UERAN Technology LLC, pending service on remaining Xiaomi defendants. The order addressed procedural harmonisation where most defendants had not yet been served.
2025-09-02UPC_APP_35439/2025Munich LDGeneric applicationProceduralProcedural onlyProcedural order of the Munich Local Division (presiding judge Zigann) granting claimants Shanghai Jinko and Zhejiang Jinko Solar's application to stay the infringement proceedings (UPC_CFI_119/2025) under Rules 295(d) and 295(m) RoP and the revocation proceedings (UPC_CFI_401/2025) under Rule 295(d) RoP against LONGi Solar and related defendants. The stay was requested because the parties were in ongoing comprehensive settlement negotiations. Most LONGi defendants consented; for Soltech Energy GbR (defendant 4), the stay was justified in the interests of proper administration of justice. The interim conference and oral hearing dates were cancelled.
2025-09-01UPC_CFI_848/2024Munich LDGeneric applicationProcedural onlyProcedural order from Munich Local Division dated 1 September 2025 granting KNAPP Smart Solutions GmbH's application for a 6-day extension of the deadline for its reply to the defence and the response to the counterclaim for revocation (including any patent amendment application) to 9 September 2025. The extension was justified by mutual vacation absences among involved persons and consented to by the defendant Becton Dickinson Rowa Germany GmbH. The order notes that irregularities in the CMS upload dates caused uncertainty about the exact deadline.
2025-08-01UPC_CFI_54/2024Munich LDInfringement ActionRevokedMunich Local Division found that European Patent 2 391 947 (Headwater, relating to Android device network management) is invalid in all forms including as amended. The panel cancelled the second oral hearing planned for September 2025, indicating the patent was found invalid both as granted and in all amended forms proposed by Headwater. The infringement action was therefore dismissed.
2025-07-29ACT_7567/2025Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a scheduling order in the Jinko Solar v. LONGi solar patent infringement proceedings, setting dates for the interim conference (February 2026) and oral hearing (May 2026), and indicating that both infringement and validity would be handled by the Local Division.
2025-07-29UPC_APP_33784/2025Munich LDGeneric applicationProceduralProcedural onlyMunich Local Division (judge-rapporteur Dr. Zigann) granted a stay of both the infringement action (ACT_53813/2024) by Syngenta Limited against Sumi Agro entities concerning EP 2 152 073 and the counterclaim for revocation, at the joint request of all parties (R. 295(d) RoP). The stay may be lifted by any party after 30 September 2025. Scheduled hearing dates (interim conference 6 October 2025, oral hearing 10 December 2025) were cancelled.
2025-07-28UPC_CFI_492/2025Munich LDGeneric applicationProcedural onlyThe Munich Local Division issued a procedural order granting Roborock Germany GmbH (and co-defendants Beijing Roborock Technology Co., Ltd. and Roborock International B.V.) an extension of time for filing their preliminary objection, Statement of Defence and counterclaim for revocation in the infringement action brought by Papst Licensing GmbH & Co. KG concerning EP 3 030 943. The extension was agreed by the claimant and was justified by case complexity and the need to align deadlines across all defendants.
2025-07-24UPC_APP_33424/2025Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division issued a procedural order partially granting the claimants' request to use private interpreters at the oral hearing, permitting the interpreters to participate from an overflow room rather than in the main courtroom.
2025-07-22UPC_APP_23201/2025Munich LDGeneric applicationEvidenceProcedural onlyMunich Local Division full panel order (Zigann/Pichlmaier/Schober) in inspection/evidence preservation proceedings (Beweissicherungsverfahren) between Nanoval GmbH & Co. KG (applicant) and ALD Vacuum Technologies GmbH (respondent) concerning EP 3 083 107. The court dismissed ALD's application to revoke the inspection order of 3 February 2025 under R. 198.1 VerfO, finding that Nanoval had filed the main action (on 3 May 2025) within the prescribed time limit. The court clarified (headnotes) that: (1) the court has no discretion over the length of the R. 198.1 period but does have discretion over its start date; (2) the rapporteur may change the start date if the expert report is delivered late; (3) such a procedural order is subject to panel review under R. 333 VerfO within 15 days.
2025-07-21UPC_APP_33240/2025Munich LDGeneric applicationProceduralProcedural onlyProcedural order recording the outcome of a FRAND interim conference on 21 July 2025 in Lenovo v. ASUSTek Computer (Munich Local Division, EP 3 682 587). The conference addressed the FRAND defence. Both parties need at least one month to continue settlement negotiations. The court set deadlines for further FRAND submissions (ASUS by 11 August 2025, Lenovo by 1 September 2025), confirmed the oral hearing on 19 November 2025 and a further interim conference on 25 September 2025 by video.
2025-07-17ORD_22245/2025Munich LDGeneric OrderProceduralProcedural onlyThe Munich Local Division issued a scheduling order following the interim conference in the Sanofi v. Accord/STADA/Reddy/Zentiva infringement actions, setting out next procedural steps pending the written reasoning from the EPO Board of Appeal decision on the relevant patent.
2025-07-17ORD_22246/2025Munich LDGeneric OrderProceduralProcedural onlyThe Local Division Munich issued a case management order following an interim conference in parallel infringement proceedings by Sanofi against multiple generics manufacturers (Accord, STADA, Reddy, Zentiva) concerning EP 2 493 466, noting EPO BoA uphold of the patent, scheduling the oral hearing for October 2025, and addressing expert evidence and confidentiality of interim damages calculations.
2025-07-17UPC_CFI_145/2024Munich LDGeneric OrderProcedural onlyProcedural order of the Munich Local Division (presiding judge Zigann) following the interim conference of 17 July 2025 in four consolidated pharmaceutical patent infringement actions by Sanofi and related entities against generics companies (Accord Healthcare, STADA, Dr. Reddy's, Zentiva) concerning EP 2 493 466. Points addressed: EPO Board of Appeal had upheld the patent but had not yet published its written reasoned decision; French parallel first-instance decisions invalidating the French designation were under appeal; defendants wished to comment on EPO BoA written reasons within three weeks of availability. No substantive infringement ruling.
2025-07-15UPC_CFI_302/2024Munich LDHearingProcedural onlyProcedural order scheduling an additional interim hearing on the topic of FRAND licensing on 21 July 2025, to be held in person in English, in camera (non-public), in the parallel case UPC_CFI_302/2024 and UPC_CFI_667/2024 (Lenovo v. ASUSTek).
2025-07-03UPC_APP_32024/2025Munich LDGeneric applicationProceduralDismissedMunich Local Division (3 July 2025) dismissed Lenovo's application for an extension of time, holding that the application lacked any legal interest because the UPC case management system's scheduled downtime was already automatically covered by R. 301.2 RoP's automatic extension provision.
2025-07-02UPC_APP_28415/2025Munich LDGeneric applicationProceduralProcedural onlyProcedural order on a security-for-costs application by claimant SWARCO FUTURIT against intervener Shenzhen Dianming Technology Co., Ltd. The court addressed whether an admitted intervener is subject to security-for-costs obligations under R. 158 RoP. Intervener's primary request to reject the security application was considered; a separate ruling on the merits of the security application was issued.
2025-06-27UPC_APP_24524/2025Munich LDApplication Rop 333ProceduralProcedural onlyProcedural order from the Munich Local Division (UPC_CFI_148/2024 and UPC_CFI_503/2024) on Zentiva's application under R. 333 RoP for panel review of the judge-rapporteur's case management order of 8 May 2025 in Sanofi's infringement action concerning EP 2 493 466. The full panel reviewed how preliminary objections should be handled and the timetable for subsequent proceedings.
2025-06-06UPC_CFI_324/2024Munich LDInfringement ActionPatent amendedInfringement action by Tiroler Rohre GmbH (Austria) against SSAB Swedish Steel GmbH and SSAB Europe Oy concerning a driving pile tip device (Rammspitze) and EP 2 839 083 B9. The court found infringement of the patent as amended. It ordered: injunction, recall and destruction of infringing pile tips and moulds, disclosure of information, publication of decision in four trade journals. The invalidity counterclaim against the patent as originally granted was upheld in part (patent amended). Key headnotes: burden of proof for impossibility of infringement lies with defendant; infringement exists even if patented function only occasionally achieved.
2025-06-03UPC_APP_21220/2025Munich LDGeneric applicationProceduralProcedural onlyMunich Local Division procedural order on Meril's applications (R. 353 RoP) for rectification of a decision of 4 April 2025 in infringement proceedings concerning a prosthetic heart valve patent (EP 3 669 828) between Edwards Lifesciences and Meril. Meril sought corrections to factual statements about which claims were alleged to be infringed (independent claims 1 and 12 vs. only claim 1 as independent). The order addresses the scope of rectification available under R. 353 RoP.
2025-06-03UPC_APP_23569/2025Munich LDApplication Rop313ProceduralProcedural onlyThe Munich Local Division granted the application by Shenzhen Dianming Technology Co., Ltd. to join UPC_CFI_245/2025 (SWARCO FUTURIT v Yunex GmbH, EP 2 643 717) as an intervener (Streithelferin) supporting the defendant. The Court also rejected Yunex's earlier application for intervention given it was superseded. Shenzhen Dianming was given 10 days to submit its intervention brief and to respond to the security for costs application.
2025-06-02ACT_13227/2024Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division judge-rapporteur issued an interim conference order (R. 105.5 RoP) in the infringement action by Heraeus against Vibrantz concerning EP 3 215 288. The order recorded directions from the videoconference of 28 May 2025, including guidance on admissibility of the counterclaim for revocation in Germany, limitation of late-filed arguments, and consolidation of claim requests.
2025-06-02ACT_1613/2025Munich LDInfringement ActionProceduralProcedural onlyScheduling order by Munich Local Division (UPC_CFI_18/2025 and UPC_CFI_439/2025, 2 June 2025) setting dates for interim conference (9 January 2026, videoconference) and oral hearing (18 March 2026, Munich) in BioMarin's infringement action against Ascendis Pharma, with counterclaim for revocation. Both proceedings will proceed together; a technically qualified judge will be appointed.
2025-05-28ORD_25482/2025Munich LDGeneric OrderEvidenceProcedural onlyOrder of the Munich Local Division on a review (Rule 197.3 RoP) requested by ALD Vacuum Technologies GmbH of an ex-parte evidence preservation and inspection order made on 3 February 2025 in favour of Nanoval GmbH & Co. KG concerning EP 3 083 107. After an oral hearing, the panel reviewed whether the evidence preservation order should be upheld or annulled.
2025-05-15ACT_65882/2024Munich LDInfringement ActionProceduralProcedural onlyMunich Local Division scheduling order in Belparts Group N.V.'s infringement action against IMI Hydronic entities concerning EP 3 812 870. The court decided to proceed with both the infringement action and the counterclaim for revocation (not to bifurcate), and set the interim videoconference for 24 March 2026 and the oral hearing for 18 June 2026. The scheduling takes into account a pending EPO Board of Appeal hearing on 27 November 2025 and a possible Central Division hearing.
2025-05-08UPC_APP_17291/2025Munich LDGeneric applicationProceduralProcedural onlyLengthy procedural order from Munich Local Division in consolidated infringement proceedings by Sanofi entities against multiple generic pharmaceutical companies (Accord, STADA, Dr. Reddy's, Zentiva) concerning EP 2 493 466 (insulin glargine). The order (judge-rapporteur Zigann) addresses numerous procedural matters including damages assessment timing, stay pending EPO Board of Appeal proceedings, and schedule for further pleadings. No substantive ruling; oral hearing deferred to await EPO BoA outcome.
2025-05-08UPC_CFI_145/2024Munich LDGeneric OrderProcedural onlyProcedural order in consolidated Sanofi v. Accord Healthcare / Dr Reddy's / betapharm infringement proceedings at Munich Local Division. The judge-rapporteur declined to dispose of the case summarily and determined it would be more efficient to await the outcome of pending EPO Board of Appeal proceedings concerning the patent before deciding difficult substantive issues at an oral hearing.
2025-05-08UPC_CFI_145/2024Munich LDGeneric OrderProcedural onlyProcedural order from Munich Local Division dated 8 May 2025 (unredacted version) in the consolidated infringement proceedings of Sanofi against Accord Healthcare, Stada, Dr. Reddy's and Zentiva regarding EP 2 493 466. The order sets the timetable for further proceedings, confirms the interim conferences (including one focused on EPO BoA appeal outcome on 17 July 2025), and sets the main interim conference for 12 September 2025 and oral hearing dates for 14–17 October 2025. The order also addresses outstanding procedural issues including Zentiva's request to strike Malta from the revocation request, and provides guidance on the panel's preliminary views on damages calculation and infringement.
2025-04-23UPC_APP_19188/2025Munich LDGeneric applicationProceduralProcedural onlyProcedural order of the Munich Local Division (presiding judge Zigann) granting Samsung's request to set a uniform service date of 5 May 2025 and uniform Statement of Defence deadline of 5 August 2025 for all defendants in Maxell Ltd.'s infringement action concerning EP 2 403 266. The parties had agreed on the virtual service date to harmonise the deadline regime given that service on Samsung Electronics Co. Ltd. in Korea had not yet been completed.
2025-04-22UPC_APP_18755/2025Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division issued a procedural order confirming service of the statement of claim on a Chinese defendant (via voluntary appointment of Hogan Lovells), granting a five-week extension of the defence deadline, and providing instructions on case management system access for multiple defendants.
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