UPC Analytics
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Decisions

DateCaseDivisionActionMotionOutcomeSummary
2025-09-11UPC_APP_35855/2025Dusseldorf LDGeneric applicationProceduralCosts onlyOrder of the Düsseldorf Local Division (full panel) on Ona Patents SL's applications for reimbursement of court fees and release of security for costs following withdrawal of the infringement action against Apple Inc. and related entities. The parties agreed to cover their own costs. The court ordered reimbursement of 40% of court fees (EUR 20,000) under Rule 370.9(b)(ii) RoP, treating the case as equivalent to withdrawal in the interim procedure given the depth of the judge-rapporteur's involvement (an August 2025 order requesting extensive documentation comparable to a Rule 103 order). The security provided by Ona Patents was released under Rule 352.2 RoP.
2025-09-05UPC_CFI_99/2024Dusseldorf LDApplication Rop 265WithdrawnThe Düsseldorf Local Division granted Ona Patents SL leave to withdraw its patent infringement action against Apple entities concerning EP 2 263 098 B1. Simultaneously, the defendants withdrew their counterclaim for revocation. The parties agreed that each side bears its own costs, and no cost decision was issued. The proceedings were declared closed.
2025-09-03UPC_APP_33210/2025Dusseldorf LDGeneric applicationPreliminary injunctionPI grantedThe Düsseldorf Local Division granted HP Development Company's application for a preliminary injunction against Andreas Rentmeister e.K. (Defendant 2) for alleged infringement of EP2826630 and EP3530469, including injunctions, information disclosure, and penalty payments, after the defendant failed to substantiate its objection to the provisional measures application.
2025-08-22UPC_CFI_459/2023Dusseldorf LDGeneric applicationProcedural onlyDüsseldorf Local Division suspended the file access proceedings under R.262.1(b) RoP concerning the Tridonic/CUPOWER infringement case, pending ongoing settlement negotiations in the parallel main proceedings, with consent of all parties.
2025-08-21ACT_30657/2025Dusseldorf LDGeneric applicationProceduralProcedural onlyDüsseldorf Local Division granted a joint application by both parties to stay the infringement proceedings under R.295(d) and R.296.2 RoP pending ongoing settlement negotiations. The stay was granted until reinstitution of proceedings at the request of either party. This is the underlying infringement action UPC_CFI_580/2025 (Tridonic v. Inventronics).
2025-08-14UPC_CFI_135/2024Dusseldorf LDGeneric applicationProceduralProcedural onlyProcedural order granting Dolby's application to file an additional written submission pursuant to Rule 36 RoP in the infringement action against Beko/Arçelik, as Dolby made the request before the judge-rapporteur intended to close the written procedure.
2025-08-05UPC_APP_33060/2025Dusseldorf LDApplication RoP262AProceduralProcedural onlyDüsseldorf Local Division issued a confidentiality order under Rule 262A RoP in the costs proceedings between 10x Genomics Inc. and Curio Bioscience Inc. (arising from main infringement proceedings UPC_CFI_140/2024 over EP 2 697 391 B1). The order classified certain sections of Curio's submission as confidential trade secrets and restricted access to named representatives and specified individuals on the 10x Genomics side.
2025-08-04ORD_33845/2025Dusseldorf LDGeneric OrderProceduralProcedural onlyThe Düsseldorf Local Division requested the President of the Court of First Instance to appoint an additional technically qualified judge with expertise in the field of the patent (IPC: G01N) for the provisional-measures panel in the case brought by Imusyn GmbH & Co. KG against BAG Diagnostics GmbH, with the agreement of both parties.
2025-08-04UPC_CFI_519/2024Dusseldorf LDGeneric OrderProceduralProcedural onlyDüsseldorf Local Division issued a procedural order on the handling of multiple related infringement actions and counterclaims for revocation concerning three patents, deciding on the approach under Art. 33(3)(a) UPCA before close of written procedure.
2025-08-01ORD_34168/2025Dusseldorf LDGeneric OrderProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order requiring the claimant (Ona Patents SL) to clarify ambiguities in patent assignment documentation and to submit additional documents to establish standing to sue in the proceedings concerning EP 2 263 098 B1 against Apple entities.
2025-08-01UPC_CFI_100/2024Dusseldorf LDGeneric OrderProceduralProcedural onlyProcedural order requiring further written submissions from the parties in the infringement action concerning patent ownership and the presentation of exhibits. The court noted inconsistencies in the claimant's statements on patent ownership and directed supplementary presentations.
2025-07-30ACT_3932/2024Dusseldorf LDInfringement ActionInfringement meritsRevokedThe Düsseldorf Local Division dismissed Headwater Research LLC's infringement action against Samsung and revoked European patent EP 3 110 069 B1 to the extent of claim 1, on the basis of a successful counterclaim for revocation; all costs were borne by the claimant. The court also rejected a new argument on added matter as inadmissible under R. 9.2 RoP.
2025-07-30UPC_APP_6997/2024Dusseldorf LDGeneric applicationCostsSettledThe Düsseldorf Local Division declared the infringement proceedings between N.V. Nutricia and Nestlé Health Science (Deutschland) GmbH concerning EP2359858 closed following the claimant's withdrawal after an out-of-court settlement, and set the value of the infringement action at EUR 250,000 and the counterclaim for revocation at EUR 500,000 with 60% court fee reimbursement.
2025-07-29UPC_CFI_336/2024Dusseldorf LDGeneric applicationProceduralProcedural onlyProcedural order in infringement action by Maxeon Solar Pte. Ltd. against Aiko/Memodo/Libra/VDH Solar/PowerDeal/Coenergia entities (EP 3 065 184 B1, solar panels) on the cost ceiling under Rule 158 RoP. The court held that when a claim is brought against multiple defendants without specifying their respective liability, all defendants must have an equal opportunity to defend against the alleged infringement as a whole, and the cost ceiling should reflect the claim as brought against all defendants collectively.
2025-07-10UPC_CFI_213/2025Dusseldorf LDApplication for provisional measuresPreliminary injunctionPI grantedThe 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.
2025-07-09ACT_10138/2025Dusseldorf LDApplication For CostsCostsCosts onlyThe Düsseldorf Local Division issued a costs decision in connection with resolved infringement proceedings (FUJIFILM v. Kodak regarding EP 3 594 009 B1), ordering FUJIFILM to reimburse the Kodak defendants a specified portion of their costs. The Court declined to award the defendants' own costs of the costs procedure.
2025-06-16UPC_CFI_140/2024Dusseldorf LDInfringement ActionInfringedDecision of the Düsseldorf Local Division finding that Curio Bioscience infringes EP 2 697 391 B1 owned by 10x Genomics. The court ordered: (A) cessation of the infringing acts in UPC member states; (B) recall from distribution channels; (C) permanent removal from distribution channels; (D) rendering of accounts; (E) damages for acts after 30 November 2019; (F) periodic penalty payments of up to EUR 100,000 per day. The action was dismissed in other respects. Costs: borne 30% by claimant, 70% by defendant. Value in dispute set at EUR 3,000,000; ceiling for recoverable representation costs EUR 400,000.
2025-06-15UPC_CFI_26/2024Dusseldorf LDInfringement ActionProceduralProcedural onlyDüsseldorf Local Division dismissed Samsung's application for security for costs against Headwater Research LLC under R. 158 RoP. The Court found that while enforcing a cost order against a US-domiciled entity might be more burdensome, the evidence showed Headwater generates recurring revenues from licensing, making the concern about non-recovery insufficiently justified.
2025-06-12UPC_CFI_351/2024Dusseldorf LDGeneric OrderProceduralProcedural onlyProcedural order in Canon v. Katun/General Plastic infringement action. The Düsseldorf Local Division decided under R. 37.2 RoP to proceed jointly with both the infringement action and the counterclaim for revocation (Art. 33(3)(a) UPCA) for reasons of efficiency, allowing validity and infringement to be decided on a unified factual record.
2025-06-02UPC_APP_24791/2025Dusseldorf LDApplication Rop 265ProceduralSettledThe Düsseldorf Local Division permitted Versah LLC's partial withdrawal of its patent infringement action against Adin Dental Implant Systems GmbH (Defendant 2) concerning EP3402420 following an out-of-court settlement, with each party bearing its own costs for the withdrawn part.
2025-06-02UPC_CFI_504/2023Dusseldorf LDApplication Rop 365SettledThe court confirmed a partial settlement between the claimants (Roche) and defendants 1 and 2 (Tandem Diabetes Care Inc. and Tandem Diabetes Care Europe B.V.) pursuant to Rule 365.1 RoP. The details of the settlement are confidential. Proceedings against defendants 3 to 6 continue. Each settling party bears its own costs.
2025-05-27UPC_CFI_11/2024Dusseldorf LDGeneric applicationProcedural onlyThe Düsseldorf Local Division issued a rectification order (R. 353 RoP) correcting obvious errors in the operative part of the decision issued on 8 May 2025 in the infringement action by Grundfos Holding A/S against Hefei Xinhu Canned Motor Pump Co., Ltd. concerning EP 2 778 423 B1. The corrections addressed typographical cross-referencing errors in the accounting and rendering of accounts obligations. The defendant did not oppose the rectification.
2025-05-13ACT_597355/2023Dusseldorf LDInfringement ActionInfringement meritsNot infringedThe Düsseldorf Local Division dismissed Sanofi and Regeneron's infringement action and Amgen's counterclaim for revocation concerning EP3536712 (a second medical use patent for evolocumab in paediatric patients), finding no infringement of the second medical use claim and that the counterclaim for revocation was also unfounded, with each side bearing the costs of the proceedings they lost.
2025-05-13UPC_APP_45185/2024Dusseldorf LDGeneric applicationCostsCosts onlyDüsseldorf Local Division determined costs in UPC_CFI_7/2023 (Franz Kaldewei GmbH & Co. KG v Bette GmbH & Co. KG, first-ever UPC decision on the merits). The court ordered Bette (the unsuccessful defendant) to reimburse Kaldewei EUR 84,950 in total costs, rejecting Bette's challenge to the reasonableness of the amount. The court noted the extra effort required for the first substantive UPC decision as a justification for higher costs.
2025-05-08ACT_2097/2024Dusseldorf LDInfringement ActionInfringement meritsInfringedDüsseldorf Local Division final decision in infringement action (with revocation counterclaim) concerning a pump patent (EP 2 778 423 B1), by Grundfos against a Chinese manufacturer (Hefei Xinhu Canned Motor Pump). The court found infringement, granted an injunction, ordered accounting/information, recall from distribution channels, and declared liability for damages from 28 February 2018. The revocation counterclaim was dismissed. Defendant bears all costs. The court addressed the admissibility of new prior art raised for the first time in the defendant's rejoinder to the revocation counterclaim, holding that such new attacks require a convincing explanation of why they could not have been included earlier.
2025-05-02UPC_APP_20487/2025Dusseldorf LDApplication Rop 365ProceduralSettledThe Düsseldorf Local Division confirmed, under R. 365(1) RoP, a settlement reached between claimant Evac Oy and defendants 4–6 (VD Solutions GmbH, Yong Cao, and Katharina Kiran Singh Kang) in the patent infringement proceedings; the case against defendants 1–3 continues.
2025-04-30UPC_APP_20508/2025Dusseldorf LDGeneric applicationProceduralProcedural onlyProcedural order from the Düsseldorf Local Division (UPC_CFI_140/2024) noting the defendant Curio Bioscience's stated intention to provide samples for inspection in 10x Genomics' infringement action concerning EP 2 697 391 B1. The Court warned that it may disregard evidence not submitted in accordance with time limits under R. 9.2 RoP, as no reasons were given for providing samples after closure of the written proceedings.
2025-04-23ORD_19201/2025Milan CDGeneric OrderProceduralProcedural onlyThe Düsseldorf Local Division referred the counterclaim for revocation to the Milan Central Division while retaining jurisdiction over the infringement action pursuant to Art. 33(3)(b) UPCA. The application to amend the patent was referred together with the counterclaim for revocation.
2025-04-16UPC_CFI_539/2024Dusseldorf LDRequest to review an order ex-partemotionName.ex_parteProcedural onlyThe Düsseldorf Local Division ruled on Siltronic AG's application for review of an ex parte preservation of evidence and inspection order (R. 197.3 and .4 RoP) obtained by Bekaert Binjiang Steel Cord Co. against Siltronic AG and Hinterberger GmbH & Co. KG concerning EP 3 212 356 B1. The court confirmed that a preservation order may encompass the seizure of delivery notes and invoices, that the list in R. 196.1 is not exhaustive, and that such measures may be used to gather evidence of individual acts of use. The court upheld the order in substance.
2025-04-14ACT_66999/2024Dusseldorf LDApplication For CostsCostsCosts onlyThe Düsseldorf Local Division dismissed as inadmissible the defendants' (expert e-Commerce GmbH and expert klein GmbH) application for costs assessment under R.151 RoP in infringement proceedings brought by Seoul Viosys concerning EP3223320, because the application was filed more than one month after the underlying decision of 10 October 2024.
2025-04-14ORD_9090/2025Dusseldorf LDGeneric OrderProceduralProcedural onlyThe Düsseldorf Local Division exercised its discretion under Art.33(3)(a) UPCA to hear both the infringement action and the counterclaim for revocation jointly in the Ona Patents v Google case concerning EP2263098, finding that a joint hearing was appropriate for reasons of efficiency and enabling simultaneous decision on validity and infringement.
2025-04-14ORD_9091/2025Dusseldorf LDGeneric OrderProceduralProcedural onlyDüsseldorf Local Division decided, with the consent of the parties, to hear both the infringement action by Ona Patents SL against Apple Inc. (and affiliates) and Apple's counterclaim for revocation jointly, rather than bifurcating under Art. 33(3) UPCA. The court exercised its discretion under Art. 33(3)(a) UPCA in favour of joint hearing for reasons of efficiency and to ensure consistent interpretation of the patent by a single panel.
2025-04-10ACT_6665/2024Dusseldorf LDInfringement ActionInfringement meritsInfringedFinal decision on the merits from the Düsseldorf Local Division (UPC_CFI_50/2024) delivered on 10 April 2025. The Court found that Knaus Tabbert AG infringed EP 3 356 109 B1 (product-by-process claims relating to a structural component) and granted an injunction, recall from distribution channels, definitive removal, and destruction of infringing products. The revocation counterclaim was dismissed. Provisional damages of EUR 100,000 were awarded, with further damages to be determined. The revocation counterclaim and third-party counterclaim were dismissed. Costs were apportioned 75% to Knaus Tabbert and 12.5% each to the claimants.
2025-03-25UPC_APP_14382/2025Dusseldorf LDApplication Rop 365ProceduralSettledThe Düsseldorf Local Division confirmed a settlement between Nichia Corporation and Endrich Bauelemente Vertriebs GmbH in an infringement action concerning EP 2 323 178, and ordered reimbursement of 60% of court fees to the claimant as the settlement was reached during the written procedure.
2025-03-04UPC_APP_4496/2025Dusseldorf LDGeneric applicationProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order in the GlaxoSmithKline v Pfizer RSV vaccine case (EP4183412), deciding to bifurcate by referring the counterclaim for revocation to the Milan Central Division while proceeding with the infringement action, and granting a one-month extension for Pfizer's rejoinder.
2025-02-17UPC_APP_6774/2025Dusseldorf LDApplication Rop 265ProceduralWithdrawnThe Düsseldorf Local Division allowed the claimant's withdrawal of the infringement action and the defendants' withdrawal of the counterclaim for revocation, both with mutual consent, declared the proceedings closed, and directed 60% reimbursement of court fees to each side.
2025-02-12UPC_APP_4511/2025Dusseldorf LDApplication RoP262AProceduralProcedural onlyThe Düsseldorf Local Division issued a confidentiality order under R.262A RoP protecting specified information in Apple's rejoinder to the reply to the statement of defence in the infringement proceedings between Ona Patents SL and Apple entities.
2025-02-10UPC_APP_67764/2024Dusseldorf LDApplication Rop 265ProceduralWithdrawnThe Düsseldorf Local Division accepted the withdrawal of Dolby International AB's infringement action and declared the revocation counterclaim moot, following a settlement between the parties. Each party bears its own costs; partial court fee refunds were ordered.
2025-02-10UPC_APP_68380/2024Dusseldorf LDApplication Rop 265ProceduralSettledDüsseldorf Local Division allowed withdrawal of Dolby International AB's infringement action (EP 3 490 258 B1) and ASUS's counterclaim for revocation, following an out-of-court settlement. The court confirmed both withdrawals and terminated all proceedings, ordered each party to bear its own legal costs (no cross-reimbursement), directed reimbursement of 60% of court fees to claimant (EUR 22,200) and 60% to the counterclaiming defendants (EUR 12,000 total), and set the value in dispute at EUR 3,500,000 for both the infringement action and the counterclaim.
2025-01-28UPC_CFI_355/2023Dusseldorf LDInfringement ActionRevokedDecision of the Düsseldorf Local Division dated 28 January 2025 in infringement action by FUJIFILM Corporation against Kodak entities regarding EP 3 594 009 B1 (printing plate technology). The court rejected Kodak's preliminary objection, then upheld the counterclaim for revocation, revoking EP 3 594 009 B1 in all Contracting Member States where it has effect, on grounds including added matter (Art. 123(2) EPC) and obviousness over prior art. FUJIFILM's application to amend the patent was dismissed. As a consequence, the infringement action was also dismissed. The court confirmed jurisdiction over the UK part of the patent despite the revocation counterclaim concerning the German part, applying long-arm jurisdiction principles. Costs were ordered against the claimant. Value in dispute: EUR 15,000,000 each for infringement action and counterclaim for revocation.
2025-01-14ACT_2379/2024Dusseldorf LDInfringement ActionInfringement meritsInfringedFinal decision in infringement action (with counterclaim for revocation) concerning an avalanche transceiver patent. The Düsseldorf Local Division found direct and indirect infringement by the Mammut defendants, granted an injunction, ordered recall and removal from distribution channels, ordered provision of accounts, and declared liability for damages (with EUR 3,000 preliminary damages awarded). The counterclaim for revocation was dismissed. Costs were split: claimant to bear 80%, each defendant 10% of infringement action costs; defendants to bear costs of revocation counterclaim.
2025-01-14CC_17292/2024Dusseldorf LDCounterclaim for revocationRevocation meritsPermanent injunctionThe Düsseldorf Local Division found that Mammut Sports Group AG and GmbH infringed EP 3 466 498 B1 (owned by Ortovox Sportartikel GmbH, relating to a transceiver device for avalanche rescue) and dismissed the counterclaim for revocation, maintaining the patent. The Court granted an injunction, ordered product recall and removal from distribution channels, ordered disclosure of information and accounting, and awarded EUR 3,000 in provisional damages. Indirect infringement was found because Mammut induced end-users to activate the infringing feature. The Court rejected the request for publication of the decision as Ortovox's interests were sufficiently protected by the injunction. 80% of infringement action costs borne by claimant (Ortovox) and 10% each by defendants; counterclaim costs borne equally by defendants.
2025-01-10UPC_APP_68581/2024Dusseldorf LDApplication Rop 265ProceduralWithdrawnThe Düsseldorf Local Division allowed Valeo Electrification's withdrawal of the infringement action and the defendants' withdrawal of the counterclaim for revocation, with both parties agreeing not to seek cost reimbursement.
2025-01-10UPC_CFI_459/2024Dusseldorf LDApplication Rop 265WithdrawnDecision permitting withdrawal of Valeo Electrification's infringement action against Magna PT entities (EP 3 320 602 B1) and withdrawal of Magna's counterclaim for revocation. Both parties agreed no cost applications would be made. Defendants reserved the right to apply for partial reimbursement of court fees.
2025-01-07UPC_APP_67755/2024Dusseldorf LDApplication Rop 265ProceduralWithdrawnDüsseldorf Local Division decision allowing the withdrawal of DexCom's infringement action (including application to amend the patent) and Abbott's counterclaim for revocation by mutual consent (R. 265 RoP). Following an out-of-court settlement, DexCom agreed to withdraw the infringement action and Abbott agreed to withdraw the revocation counterclaim. Neither party requested a costs decision. The oral hearing scheduled for 8 May 2025 was cancelled. Court fees reimbursed: DexCom receives 60% of infringement action fees (EUR 22,200), Abbott receives 60% of revocation counterclaim fees (EUR 12,000).
2024-12-27UPC_APP_41756/2024Dusseldorf LDGeneric applicationProceduralProcedural onlyThe 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.
2024-11-29UPC_CFI_355/2023Dusseldorf LDGeneric applicationProcedural onlyProcedural order rejecting and disregarding Defendants' (Kodak entities) further written submissions filed on 28 November 2024 because no reasoned request was made and no leave was granted by the judge-rapporteur for further submissions pursuant to Rule 36 RoP.
2024-11-29UPC_CFI_355/2023Dusseldorf LDGeneric applicationProcedural onlyProcedural order granting the Claimant's request for simultaneous interpretation from English to Japanese at the oral hearing scheduled for 17-18 December 2024, issued pursuant to Rule 109.1 RoP.
2024-11-25UPC_APP_61143/2024Dusseldorf LDApplication Rop 333ProceduralProcedural onlyThe Düsseldorf Local Division full panel dismissed FUJIFILM's application for review of a judge-rapporteur's order that had denied FUJIFILM's application to submit an additional written pleading in response to new factual allegations in the defendants' rejoinder regarding a prior use defence.
2024-11-20UPC_CFI_368/2024Dusseldorf LDGeneric applicationProcedural onlyThe Düsseldorf Local Division ruled on Valeo Electrification's application for rectification (R. 353 RoP) of the preliminary injunction order of 31 October 2024 against Magna PT entities concerning EP 3 320 604 B1. The rectification related to the product scope and spare-parts exception included in the order. The court issued a corrected operative part clarifying the terms of the injunction.
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