| 2026-02-19 | UPC_CFI_26/2025 | Vienna LD | Infringement Action | Infringement merits | Not infringed | The Vienna Local Division dismissed both Messerle GmbH's infringement action and Sabert Corporation Europe's counterclaim for revocation concerning EP 3 705 415 B1 (a packaging-related patent). The infringement action was dismissed because the accused 'Tray2Go' product did not directly or equivalently infringe the patent claims — the Court found no technical-functional equivalence of the substitute means used in the accused product. The counterclaim for revocation was also dismissed, so the patent was maintained as granted. Each party bears its own costs (maximum EUR 600,000 total, split evenly between action and counterclaim). |
| 2026-02-17 | UPC_CoA_302/2025 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | Infringed | Court of Appeal reversed the first instance decision, which had revoked the patent. The Court of Appeal upheld the patent's validity (rejecting the counterclaim for revocation), found patent infringement, and issued orders including a permanent injunction, recall, and destruction of infringing products. Provisional lump-sum damages of EUR 20,000 were awarded, with full damages to be determined in subsequent proceedings. (German-language version) |
| 2026-02-17 | UPC_CoA_302/2025 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | Infringed | Court of Appeal reversed the first instance decision, which had revoked the patent. The Court of Appeal upheld the patent's validity (rejecting the counterclaim for revocation), found patent infringement, and issued orders including a permanent injunction, recall, and destruction of infringing products. Provisional lump-sum damages of EUR 20,000 were awarded, with full damages to be determined in subsequent proceedings. (English-language version) |
| 2026-01-26 | UPC_CFI_999/2025 | Paris CD | Revocation Action | Procedural | Procedural only | Order from the Paris Central Division (Panel 3) dated 26 January 2026 reviewing (under R. 333 RoP) the judge-rapporteur's earlier order on a preliminary objection (R. 19 RoP) in a revocation action brought by ALD France S.A.S. against Nanoval GmbH & Co. KG regarding EP 3 083 107 B1. The panel upheld the judge-rapporteur's ruling that ALD France S.A.S. has a sufficient independent interest to bring the revocation action notwithstanding that ALD Vacuum Technologies GmbH (an affiliated entity) had already filed a counterclaim for revocation in parallel infringement proceedings. The panel held: (1) ALD France and ALD Vacuum are not 'the same party' under Art. 33(4) UPCA merely because they are parent/subsidiary; (2) independent business activity is the relevant criterion; (3) competition law principles on economic units do not transfer. |
| 2025-12-09 | UPC_CFI_999/2025 | Paris CD | Revocation Action | Procedural | Procedural only | Paris Central Division rejected Nanoval's preliminary objection (R. 19 RoP) seeking dismissal of ALD France's revocation action. The Court held that ALD France S.A.S. and the ALD Vacuum Technologies GmbH (party in the Munich Local Division proceedings) are not the same party, so the revocation action before the Central Division is not inadmissible on grounds of party identity. |
| 2025-12-04 | UPC_CFI_307/2025 | Dusseldorf LD | Generic Order | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order in the Aesculap v. Shanghai Bojin medical instrument case, scheduling the oral hearing and addressing requests for claim extension (R. 263), addition of a party (R. 305), and reinstatement in prior status (R. 320). |
| 2025-11-25 | UPC_CoA_464/2024 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | Patent maintained | The Court of Appeal dismissed the Meril companies' appeals against the revocation and counterclaim revocation decisions and Edwards' appeal against the infringement decision, upholding the patent EP 3 646 825 (heart valve). Key rulings: (I–VIII) All revocation and counterclaim appeals rejected; Meril bears 60% of Edwards' costs in the revocation proceedings and Edwards bears 40% of Meril's costs. (IX–X) The infringement decision was partially set aside: the injunction and preliminary damages order do not extend to XL devices (30.5mm and 32mm) that had not been scheduled for implantation in a patient by 15 November 2024. Preliminary damages reduced to not exceed €363,000 for Meril India and Meril Germany. The value of the proceedings is €8,000,000. |
| 2025-11-07 | UPC_CoA_900/2025 | Court of Appeal | Application Rop 223 | Procedural | Dismissed | Court of Appeal (judge-rapporteur) rejected Lepu Medical's application for suspensive effect of its appeal against a preliminary injunction granted by the Hamburg Local Division in favour of Occlutech. The CoA held that Lepu failed to demonstrate that the impugned order contained manifest errors or that the appeal would become devoid of purpose without suspensive effect. Lepu's claim that enforcing the injunction would damage its reputation was insufficient to outweigh Occlutech's interest in preventing imminent patent infringement. |
| 2025-11-05 | UPC_CoA_762/2024 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | Revoked | Court of Appeal decision (English) – duplicate/related filing to UPC_CoA_773/2024. Same substantive outcome: Seoul Viosys's LED patent claims 1, 4, 5, 6, and 9 revoked for added matter; all infringement claims dismissed; Viosys ordered to bear costs of both instances. |
| 2025-11-05 | UPC_CoA_762/2024 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | Revoked | German-language version of the Court of Appeal decision (UPC_CoA_762/2024 and 773/2024) in Seoul Viosys v expert. Claims 1, 4, 5, 6 and 9 of the LED patent revoked for added matter. All infringement claims dismissed. Viosys ordered to bear all costs for both instances. |
| 2025-11-05 | UPC_CoA_773/2024 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | Revoked | Court of Appeal decision (English) on the appeal in the counterclaim for revocation and the related infringement action concerning Seoul Viosys's EP (LED patent, EP 698). The CoA found added matter in claim 1 of the patent (content extended beyond the earlier application as filed, particularly regarding embodiments with a single mesa). Claims 1, 4, 5, 6 and 9 revoked. Infringement action dismissed. Viosys ordered to pay expert's costs for both appeal and first instance proceedings. Key headnotes: court may raise added matter of its own motion; translation of international application governs content; patentee must demonstrate inaccuracy of its own translation. |
| 2025-10-14 | UPC_CoA_699/2025 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | outcomeName.other | The Court of Appeal partly set aside a first-instance order on penalty payments in Fujifilm v Kodak. The court clarified the UPC penalty system under Rule 354.3 RoP, holding that a penalty order can be issued separately after the main decision. The court replaced the first-instance penalty orders with new orders: EUR 2,500/day from 23 July 2025 to 4 August 2025 and EUR 10,000/day thereafter for continued non-compliance by Kodak with orders on information, destruction, recall and removal from channels of commerce. |
| 2025-10-02 | UPC_CoA_764/2024 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | Revoked | Second German-language version of the same Court of Appeal decision (UPC_CoA_764/2024 and 774/2024 – identical substantive outcome). Claims 1, 4, 5, 6 and 9 revoked for added matter; all infringement claims dismissed; Viosys ordered to bear all costs. |
| 2025-10-02 | UPC_CoA_774/2024 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | Revoked | German-language version of the Court of Appeal decision in the Seoul Viosys v expert appeal (counterclaim for revocation and infringement action). Claims 1, 4, 5, 6 and 9 of the patent (LED device, EP 698) revoked for added matter in force for Austria, Belgium, Germany, France, Italy, Luxembourg, Netherlands and Sweden. All infringement claims dismissed. Viosys ordered to bear costs of both instances for both the revocation and the infringement action. |
| 2025-10-02 | UPC_CoA_774/2024 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | Revoked | English-language version of the Court of Appeal decision (UPC_CoA_764/2024 and 774/2024): Claims 1, 4, 5, 6 and 9 of Seoul Viosys's LED patent revoked for added matter (single-mesa embodiment not clearly and unambiguously disclosed in the parent application). All infringement claims dismissed. Viosys ordered to bear expert's costs for both appeal and first instance, in both the revocation and infringement actions. |
| 2025-08-21 | UPC_APP_34793/2025 | Court of Appeal | Generic application | Procedural | Procedural only | The Court of Appeal disregarded applications filed by Seoul Viosys after the oral hearing had closed, ruling that parties must refrain from further communications with the court after an oral hearing and there is no need to summarise oral argument in writing. |
| 2025-08-20 | APL_20125/2025 | Court of Appeal | Application to leave to appeal a cost decision (RoP221) | Costs | Procedural only | The Court of Appeal ruled on an application for leave to appeal a cost decision and on a preliminary reference request to the CJEU (Art. 267 TFEU), providing extensive guidance on when the UPC must refer questions of EU law, while rejecting expert klein's proposed preliminary reference questions as not requiring a referral. |
| 2025-07-10 | UPC_CFI_213/2025 | Dusseldorf LD | Application for provisional measures | Preliminary injunction | PI granted | The Düsseldorf Local Division granted Aesculap AG a preliminary injunction against Shanghai International Holding Corporation GmbH (Europe) based on EP 2 892 442 B1 (surgical instrument), with the court proceeding on the merits despite the defendant's non-appearance at the oral hearing; the defendant's general denial without substantive engagement was deemed inadequate. |
| 2025-04-18 | UPC_APP_9095/2025 | Court of Appeal | Application Rop 223 | Procedural | Procedural only | The Court of Appeal refused Meril's application for suspensive effect of their appeal against the Munich Local Division's infringement decision in favour of Edwards Lifesciences, meaning the first-instance judgment remained enforceable pending appeal. |
| 2025-02-28 | UPC_CFI_312/2023 | Paris CD | Revocation Action | Revocation merits | Patent amended | Decision 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. |
| 2025-02-24 | UPC_CoA_540/2024 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | PI denied | Court of Appeal rejected Biolitec's appeal against the Düsseldorf Local Division's refusal to grant a preliminary injunction. The CoA upheld the first-instance order, finding that Biolitec had not demonstrated the necessity of provisional measures: proceedings on the merits could be awaited; the status quo on the market had existed for years before the patent was granted; and Biolitec failed to demonstrate sufficient evidence of urgency regarding stocking or tender-related harm. Biolitec was ordered to bear the costs of the appeal proceedings. |
| 2025-02-24 | UPC_CoA_540/2024 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | PI denied | German-language signed version of the Court of Appeal order rejecting Biolitec's appeal in the provisional measures proceedings against Light Guide Optics and SIA LIGHTGUIDE International. Identical in substance to the English version: appeal rejected, Biolitec ordered to bear costs. The provisional injunction was denied because proceedings on the merits could be awaited and necessity was not demonstrated. |
| 2025-01-22 | UPC_CFI_310/2023 | Paris CD | Revocation Action | Revocation merits | Partially revoked | The Paris Central Division partially revoked EP 3 613 453 B1, finding that claim 1 lacked inventive step; the patent was maintained in amended form based on the independent validity of claims 6, 7 and 8 in combination with claim 1 as granted. Each party bore its own costs. |
| 2025-01-20 | UPC_APP_283/2025 | Court of Appeal | Generic application | Costs | Dismissed | Court of Appeal dismissed SharkNinja's application for suspension of cost-determination proceedings (R. 295(d) RoP) as inadmissible, because the one-month period for filing a cost-determination application (R. 151 RoP) starts from service of the merits decision, not from service of the preliminary injunction order. Since no merits decision had yet been issued, the application was premature. The court further noted that R. 150/151 RoP apply by analogy where no main proceedings are initiated after unsuccessful provisional measures. |
| 2025-01-20 | UPC_APP_283/2025 | Court of Appeal | Generic application | Costs | Costs only | Court of Appeal (Second Panel) ruled on SharkNinja's application for a stay of cost assessment proceedings and/or extension of time. The Court held that the one-month period for lodging an application for a cost decision (R. 151.1 RoP) begins with service of the decision on the merits, not with service of the provisional measures order. The cost assessment was not stayed pending the merits proceedings. |
| 2025-01-17 | UPC_CFI_316/2023 | Paris CD | Revocation Action | — | Revoked | The 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. |
| 2025-01-13 | UPC_APP_68553/2024 | Court of Appeal | Application Rop 265 | Procedural | Withdrawn | The Court of Appeal permitted Valeo Electrification's withdrawal of its provisional measures appeal action (and the underlying main proceedings before the first instance) following the parties' agreement. The appeal proceedings concerned a preliminary injunction granted by the Düsseldorf Local Division on 31 October 2024 against Magna PT for infringement of EP 3 320 602 in Germany and France. The parties agreed no cost decision was needed. |
| 2025-01-13 | UPC_APP_68579/2024 | Court of Appeal | Application Rop 265 | Procedural | Withdrawn | Court of Appeal order allowing withdrawal of Valeo's appeal in provisional measures proceedings concerning an electrification patent, following withdrawal by Valeo under R. 265 RoP. Valeo had obtained a preliminary injunction against Magna at first instance (Düsseldorf LD) which was then appealed by Magna. The Court of Appeal had previously suspended the injunction. Valeo then withdrew its appeal. The Court allowed the withdrawal and closed the proceedings. |
| 2024-12-03 | APL_32012/2024 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | PI denied | Court of Appeal lifted the preliminary injunction granted by Munich Local Division against SharkNinja for alleged infringement of Dyson's EP 2 043 492 (hand-held vacuum cleaner). The Court found on the balance of probabilities it was not more likely than not that the patent was infringed, noting that the principal mode of separation in the SharkNinja product is a filter, not cyclonic separation as claimed. Dyson ordered to bear SharkNinja's costs for both instances. |
| 2024-12-03 | UPC_CoA_297/2024 | Court of Appeal | Appeal RoP220.1 | — | PI denied | The Court of Appeal set aside the first-instance preliminary injunction granted against SharkNinja, holding that on a balance of probabilities it was not more likely than not that SharkNinja's product infringed claim 1 of Dyson's patent (EP not specified in excerpt). Dyson was ordered to bear SharkNinja's costs in both instances. |
| 2024-11-29 | UPC_CFI_307/2024 | Paris CD | Revocation Action | Revocation merits | Patent maintained | The Paris Central Division dismissed NJOY Netherlands B.V.'s revocation action against EP 2 875 740 B1 (a patent owned by VMR Products LLC relating to electronic vapour products/e-cigarettes with a magnetic cartomizer retention mechanism). The Court found the patent novel and inventive over the asserted prior art combinations (Cross + DiFonzo, Pan + DiFonzo, and common general knowledge). The patent is maintained as granted. NJOY as the unsuccessful party bears the costs up to a ceiling of EUR 500,001. |
| 2024-11-27 | UPC_CFI_308/2023 | Paris CD | Revocation Action | Revocation merits | Revoked | The Central Division Paris revoked European patent EP 3 456 214 (relating to a vaporizer/e-cigarette device) in its entirety. The patent was found to lack inventive step over the prior art. All auxiliary requests for partial maintenance were rejected as either unsubstantiated or unreasonable in number. The defendant (patent proprietor VMR Products LLC) was ordered to bear the litigation costs. |
| 2024-10-21 | UPC_APP_55674/2024 | Court of Appeal | Generic application | Evidence | Procedural only | The Court of Appeal refused SharkNinja's application to admit new evidence (an exhibit from US proceedings, FBD 29) in the appeal from the Munich Local Division in Dyson's infringement action, finding that the evidence was not sufficiently relevant to the appellate issues concerning patent claim interpretation and that no justified reason for late submission had been established. |
| 2024-10-09 | UPC_APP_52471/2024 | Court of Appeal | Generic application | motionName.appeal_decision | Procedural only | The Court of Appeal ruled on Dyson's application to exclude certain grounds of appeal raised by SharkNinja that were not included in the statement of grounds of appeal, and on SharkNinja's application to admit new evidence. The order addressed admissibility of late-raised invalidity attack combinations (lack of inventive step based on various prior art combinations) and admission of new evidence under Rule 222.2 RoP. |
| 2024-10-09 | UPC_APP_52471/2024 | Court of Appeal | Generic application | Procedural | Procedural only | The Court of Appeal (Second Panel) ruled on Dyson's request to disregard certain SharkNinja grounds of appeal and on SharkNinja's submission of new evidence (FBD 27) in the appeal against the Munich Local Division's order concerning EP 2 043 492. The court found that SharkNinja had sufficiently incorporated its first-instance submissions into the appeal grounds and rejected Dyson's request to disregard grounds (a)-(d). Ground (e) regarding JP 573 was not separately addressed given the court's assessment. New evidence FBD 27 (US proceedings submission) was found to be new and SharkNinja's justification for its late submission was accepted. |
| 2024-09-25 | UPC_CoA_182/2024 | Court of Appeal | Appeal RoP220.1 | — | Procedural only | Rectification order of the Court of Appeal correcting an obvious clerical error in the operative part of the appeal order of 25 September 2024 (Mammut v Ortovox). In item 3 of the original order, 'Antragsgegnerin' was incorrectly used instead of 'Ortovox'; the corrected wording orders Mammut to reimburse Ortovox further provisional costs of EUR 19,858.40. |
| 2024-09-25 | UPC_CoA_182/2024 | Court of Appeal | Appeal RoP220.1 | — | PI granted | The Court of Appeal dismissed the appeal by Mammut Sports Group and confirmed the provisional measures order issued by the Court of First Instance (Local Division) in favour of Ortovox. The Court rejected Mammut's attempts to introduce new submissions and its counterclaim for revocation in the appeal proceedings. The Court confirmed the provisional measures (seizure order and publication), the threatened penalty payment, and the security ordered. The Court additionally ordered Mammut to reimburse Ortovox's further interim costs of EUR 19,858.40 and to pay the costs of the appeal proceedings. Key legal principles established include: discretion to consider submissions rightly rejected at first instance; urgency requirements under R.211.4 RoP; irreparable harm not being a necessary condition for provisional measures; and applicability of R.263 RoP to provisional measures proceedings. |
| 2024-08-09 | UPC_CFI_122/2024 | Paris CD | Revocation Action | Revocation merits | Withdrawn | The Paris Central Division issued a decision following Aiko Energy Germany's withdrawal of its revocation action against Maxeon Solar's EP 3 065 184 before service on the defendant, also ruling on the reimbursement of court fees under R.370(9)(b)(i) RoP. |
| 2024-04-24 | UPC_APP_587265/2023 | Paris CD | Application RoP262.1 (b) | Procedural | Procedural only | The 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. |
| 2024-01-22 | UPC_CFI_308/2023 | Paris CD | Revocation Action | Procedural | Procedural only | The Paris Central Division issued a procedural order in the NJOY v. VMR Products revocation action, ruling on the date of service of VMR's defence to revocation, determining that service was effected on 13 December 2023 when the Registry notified the corrected defence to NJOY. |