| 2024-10-31 | ACT_580849/2023 | Dusseldorf LD | Infringement Action | Infringement merits | Permanent injunction | The Düsseldorf Local Division found that SodaStream's patent EP 1 793 917 was infringed by Aarke AB and issued an injunction along with ancillary relief. The defendant was ordered to bear the full costs of the litigation; the value in dispute was set at EUR 3,000,000. |
| 2024-10-31 | ACT_37931/2024 | Dusseldorf LD | Application for provisional measures | Preliminary injunction | PI granted | Order from the Düsseldorf Local Division (UPC_CFI_347/2024) granting Valeo Electrification's application for provisional measures against Magna PT entities concerning EP 3 320 602 B1. The Court issued a preliminary injunction prohibiting the defendants from manufacturing, offering, marketing, using or importing the infringing automotive electrification products. Penalty payments of up to EUR 250,000 per violation were ordered. The injunction was conditional on Valeo providing security of EUR 2,500,000. The Court addressed issues of patent proprietorship (rebuttable presumption), urgency, and validity, finding the patent more likely than not valid. |
| 2024-10-31 | UPC_CFI_368/2024 | Dusseldorf LD | Application for provisional measures | — | PI granted | The Düsseldorf Local Division granted Valeo Electrification a preliminary injunction against Magna PT entities prohibiting them from offering, placing on the market, using, importing or storing certain electric motor generators (challenged embodiment I) and the 7HDT400 gearbox assembled with those generators (challenged embodiment II) in Germany and France, concerning EP 3 320 604 B1. A temporary exception was granted for BMW 2 Series Active Tourer and Mini Countryman, conditional on defendants providing security of EUR 500,000 by 21 November 2024. Recurring penalty payments of up to EUR 250,000 per violation were imposed. Defendants were ordered to pay EUR 14,700 provisionally in costs. The injunction was made enforceable upon provision by the applicant of a EUR 2,500,000 bank guarantee. |
| 2024-10-30 | UPC_APP_59050/2024 | Dusseldorf LD | Generic application | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order granting Ortovox Sportartikel GmbH's request for leave to file an additional brief under R.36 RoP, based on new information about Mammut's 'Barryvox S' device featuring voice control, which Ortovox suspected might also fall within the scope of EP3466498. |
| 2024-10-29 | UPC_APP_58951/2024 | Dusseldorf LD | Generic application | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order in the infringement action (Dolby vs HP entities) addressing applications related to the main action, counterclaim for revocation, and a procedural application. |
| 2024-10-10 | UPC_CFI_483/2023 | Dusseldorf LD | Infringement Action | — | Revoked | Düsseldorf Local Division revoked EP 3 223 320 for Germany, France, Italy, and the Netherlands based on the counterclaim for revocation, finding the patent was invalid due to added matter (Art. 138(1)(c) EPC / Art. 123(2) EPC). The infringement action was dismissed as a result. Seoul Viosys (claimant) was ordered to bear all costs. |
| 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. |
| 2024-09-13 | UPC_CFI_11/2024 | Dusseldorf LD | Generic Order | — | Procedural only | Early procedural order by Düsseldorf Local Division in Grundfos v Hefei Xinhu Canned Motor Pump deciding under R. 37.2 RoP to proceed jointly with infringement action and counterclaim for revocation under Art. 33(3)(a) UPCA. The decision was taken early to allow timely assignment of the technically qualified judge given part-time panel staffing constraints. |
| 2024-09-05 | UPC_CFI_486/2024 | Dusseldorf LD | Application for provisional measures | Preliminary injunction | PI denied | The Düsseldorf Local Division rejected Bioletic's application for a preliminary injunction concerning EP 3 685 783 B1 without an oral hearing, holding that the applicant had failed to demonstrate why a main action would be insufficient and had not established an ongoing or imminent harm justifying urgent provisional relief. |
| 2024-09-02 | UPC_CFI_368/2024 | Dusseldorf LD | Generic application | — | Dismissed | President of the UPC Court of First Instance dismissed Magna entities' application for review of the allocation of a technically qualified judge. The Court held that parties have no right to request a specific technical background for a technically qualified judge and that partiality is the only permissible objection to a judge's participation. |
| 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. |
| 2024-08-21 | UPC_CFI_347/2024 | Dusseldorf LD | Application RoP262A | — | Procedural only | Düsseldorf Local Division issued a confidentiality order under R.262A RoP restricting access to confidential information submitted by Magna entities (defendants) in their Statement of defence and Rejoinder, relating to supply chain and trade secrets. Access was limited to specific named representatives of Valeo. |
| 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. |
| 2024-08-08 | UPC_CFI_140/2024 | Dusseldorf LD | Application RoP262A | — | Procedural only | Procedural order on a confidentiality club application (Rule 262A RoP) in proceedings involving 10x Genomics v Curio Bioscience. The court set rules for access to confidential information, including access for named party representatives and their teams, with responsibility for maintaining confidentiality. |
| 2024-07-22 | UPC_APP_25069/2024 | Dusseldorf LD | Application RoP262A | Procedural | Procedural only | Procedural order from the Düsseldorf Local Division (UPC_CFI_457/2023) on a confidentiality protection application under R. 262A RoP by HP defendants in Dolby's infringement proceedings concerning EP 3 490 258. The Court ruled that an intervener (Access Advance LLC) is to be treated as a party under R. 315.4 RoP and is therefore entitled to at least one natural person in the confidential club, in addition to legal representatives. |
| 2024-07-22 | UPC_APP_25069/2024 | Dusseldorf LD | Application RoP262A | Procedural | Procedural only | Procedural order of the Düsseldorf Local Division (issued 22 July 2024) concerning the protection of confidential information under R.262A RoP in the infringement proceedings Dolby v. HP entities. The order addressed the access rights of intervener Access Advance LLC, holding that an intervener is treated as a party under R.315.4 RoP and has the right to ensure that at least one natural person in addition to legal representatives is included in the group entitled to access confidential information. Defendants' remaining requests were dismissed. |
| 2024-07-12 | UPC_CFI_363/2023 | Dusseldorf LD | Generic application | motionName.jurisdictional | Procedural only | Procedural order on a request for court-provided simultaneous interpretation. The court held that where a party's representatives master one of the permitted languages of the local division, court-provided interpretation is not available merely because the claimant chose a different permitted language in which those representatives are less proficient. The party may arrange its own interpreter at its own cost. |
| 2024-06-27 | UPC_CFI_457/2023 | Dusseldorf LD | Generic application | — | Procedural only | The Düsseldorf Local Division issued a procedural order in Dolby International's HEVC-SEP infringement action against HP entities concerning EP 3 490 258 B1. The order addressed an extension of time for Dolby's reply brief necessitated by a confidentiality protection application (R. 262A) over HP's FRAND licence negotiation submissions. The court held that where a R. 262A application temporarily prevents the claimant from consulting Access Advance (the pool administrator), a full time extension—not merely a partial one—may be granted where it does not prejudice the oral hearing date. |
| 2024-04-30 | UPC_CFI_463/2023 | Dusseldorf LD | Application for provisional measures | Preliminary injunction | PI granted | The Düsseldorf Local Division granted a preliminary injunction against Curio Bioscience Inc. prohibiting it from offering, marketing, using, importing or storing arrays for spatially localised nucleic acid detection in Germany, France and Sweden, finding prima facie infringement of EP 2 697 391 B1 (owned by 10x Genomics). Both parties were ordered to pay each other interim costs of EUR 100,000. The injunction was conditional on 10x Genomics providing security of EUR 2,000,000. 10x Genomics' application for security for costs from the defendant was rejected. |
| 2024-02-14 | UPC_CFI_463/2023 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order in 10x Genomics v. Curio Bioscience establishing a structured confidentiality protection procedure under Rule 262A RoP, clarifying the CMS workflow for trade secret protection and setting out the process for granting preliminary access restrictions before a final confidentiality order is made. |
| 2024-01-29 | UPC_CFI_463/2023 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order in the 10x Genomics v. Curio Bioscience provisional measures proceedings, deciding ex officio to appoint a technically qualified judge given the technical complexity of the patent (spatial transcriptomics), relying on Art. 8(5) UPCA even in the absence of an express provision for interim proceedings. |
| 2024-01-25 | UPC_CFI_452/2023 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The Düsseldorf Local Division panel issued a procedural order in the Ortovox v. Mammut provisional measures case, setting out the criteria for reviewing a unilateral (ex parte) provisional measures order under Rule 212.3 / 197.3-4 RoP, and noting that the patent's validity must be sufficiently established before granting provisional measures. |
| 2024-01-24 | UPC_CFI_452/2023 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order in the Ortovox v. Mammut provisional measures proceedings, directing the respondents (Mammut) to re-upload their inspection requests in the dedicated CMS workflow for Rule 212.3 RoP applications within a set deadline. |
| 2023-12-19 | UPC_CFI_201/2023 | Dusseldorf LD | Infringement Action | Procedural | Procedural only | The Düsseldorf Local Division clarified that the deadline for Nutricia's defence to the counterclaim for revocation and patent amendment application is 20 December 2023, per Rule 29.1 RoP (duplicate version of the same order). |
| 2023-12-19 | UPC_CFI_201/2023 | Dusseldorf LD | Infringement Action | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order pursuant to Art. 33(3)(a) UPCA and Rule 37.2 RoP, deciding to proceed jointly with both the infringement action brought by Nutricia and the counterclaim for revocation filed by Nestlé Health Science, rather than bifurcating the proceedings. |
| 2023-12-14 | UPC_CFI_201/2023 | Dusseldorf LD | Infringement Action | Procedural | Procedural only | The Düsseldorf Local Division clarified, at Nutricia's request, that the deadline for filing a defence to the counterclaim for revocation and any application to amend the patent is 20 December 2023 (two months after service of the defence with counterclaim on 20 October 2023), per Rule 29.1 RoP. |
| 2023-12-11 | UPC_CFI_452/2023 | Dusseldorf LD | Application for provisional measures | Preliminary injunction | PI granted | The Düsseldorf Local Division granted an ex parte order for provisional measures (Rule 212.1 RoP) in favour of Ortovox Sportartikel GmbH against Mammut Sports Group AG and Mammut Sports Group GmbH, in relation to EP 3 466 498 B1 covering an avalanche transceiver (Lawinen-Verschütteten-Suchgerät). |
| 2023-12-04 | UPC_CFI_363/2023 | Dusseldorf LD | Infringement Action | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order under Rules 302.1 and 302.2 RoP concerning possible bifurcation or severance of issues in an infringement action by Seoul Viosys Co., Ltd. against expert e-Commerce GmbH and others, involving EP 3 926 698 B1 and EP 3 223 320 B1. |
| 2023-11-22 | UPC_CFI_260/2023 | Dusseldorf LD | Procedural Order | Procedural | Procedural only | The Düsseldorf Local Division decided under Rule 37.2 RoP (before close of written proceedings) to proceed with both the infringement claim and the invalidity counterclaim together (Article 33(3)(a) UPCA), finding joint hearing efficient and beneficial given the moderate technical complexity and the overlap between the validity and infringement issues. |
| 2023-07-03 | UPC_CFI_177/2023 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The Düsseldorf Local Division granted myStromer AG's application to add a certificate of service and deposit confirmation to the case file in the preliminary injunction proceedings against Revolt Zycling AG. |
| 2023-06-30 | UPC_CFI_177/2023 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The Düsseldorf Local Division issued a rectification order under Rule 353 RoP correcting the patent number cited in a prior preliminary injunction order in myStromer AG's action against Revolt Zycling AG (EP 2 546 134, not EP 2 456 134). |
| 2023-06-22 | UPC_CFI_177/2023 | Dusseldorf LD | Application for provisional measures | Preliminary injunction | PI granted | The Düsseldorf Local Division granted ex parte provisional measures (preliminary injunction) against Revolt Zycling AG restraining it from infringing EP 2 546 134 B1 (bicycle frame/motor hub combination) at the Eurobike 2023 trade fair, ordering EUR 500,000 security and penalty of up to EUR 250,000 per violation. |
| 2023-06-22 | UPC_CFI_177/2023 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The Düsseldorf Local Division issued a scheduling order in myStromer AG's application for provisional measures against Revolt Zycling AG, setting pleading deadlines for the preliminary injunction proceedings. |