UPC Analytics
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Decisions

DateCaseDivisionActionMotionOutcomeSummary
2026-03-03UPC_CFI_43/2025The Hague LDInfringement ActionInfringement meritsRevokedThe Hague Local Division revoked Advanced Brain Monitoring's EP 2 437 696 B2 (position therapy device for sleep disorders) as lacking inventive step over JP748 prior art. The counterclaim for revocation by Philips succeeded and the infringement action was dismissed.
2026-02-27UPC_CFI_344/2025Mannheim LDInfringement ActionProceduralProcedural onlyThe Mannheim Local Division (judge-rapporteur Johansson) ordered Defendant 1 (SZ DJI Technology Co., Ltd.) to pay a separate court fee for its counterclaim for revocation within 14 days, ruling that the fee already paid by Defendants 2-4 for their earlier counterclaim does not cover Defendant 1's subsequently filed separate counterclaim, even if the content is the same. Failure to pay may result in a default decision under R. 355 RoP.
2026-02-19UPC_CFI_541/2025Dusseldorf LDInfringement ActionProceduralProcedural onlyThe Düsseldorf Local Division issued an order on Wizart's request for security for costs under R. 158 RoP in proceedings against Leap Tools (Canada), addressing whether the claimant's Canadian domicile and financial situation justify ordering security.
2026-02-16UPC_CFI_716/2025Dusseldorf LDApplication Rop 265ProceduralSettledDecision permitting ETRI's withdrawal of the infringement action (EP 2 258 692 B1 / EP 3 258 692 B1) against Hisense Gorenje and others following a settlement. Each party bears its own costs. 60% of court fees (EUR 14,400) reimbursed to Claimant. Value in dispute set at EUR 2,500,000.
2025-12-30UPC_CFI_648/2025Dusseldorf LDInfringement ActionInfringement meritsWithdrawnThe Düsseldorf Local Division allowed ETRI's withdrawal of its patent infringement action against Shenzhen Transsion and related defendants. Each party bears its own costs; 60% of court fees were reimbursed to the claimant.
2025-12-23UPC_CFI_499/2025Mannheim LDInfringement ActionInfringement meritsWithdrawnNEC Corporation withdrew its infringement action against all defendants (Shenzhen Transsion Holdings and associated entities) before closure of the written procedure. All represented defendants consented. Defendant 5 (ASD SAS) was unrepresented but showed no interest in proceedings. No cost compensation was sought. NEC was ordered a 60% reimbursement of court fees under R.370.9(b)(i) and R.370.11 RoP.
2025-12-23UPC_CFI_501/2025Mannheim LDInfringement ActionInfringement meritsWithdrawnNEC Corporation withdrew its infringement action concerning EP 3 057 321 against all defendants (Shenzhen Transsion Holdings and associated entities) before closure of the written procedure. All represented defendants consented. Defendant 5 (ASD SAS) was unrepresented. No cost compensation was sought. NEC was ordered a 60% reimbursement of court fees under R.370.9(b)(i) and R.370.11 RoP.
2025-12-10UPC_CFI_251/2025The Hague LDInfringement ActionProceduralProcedural onlyThe Hague Local Division issued a case management order addressing Maxell's 44 conditional auxiliary requests in infringement proceedings against Samsung concerning EP 2 061 230, requesting clarification on the reasonable number of auxiliary requests per R. 30.1(c) RoP.
2025-12-05UPC_CFI_775/2025Nordic-Baltic RDApplication RoP262AProceduralProcedural onlyThe Nordic-Baltic Regional Division stayed the cost proceedings between Edwards Lifesciences and Meril pending the outcome of EPO Board of Appeal opposition proceedings against EP 3 769 722, and provisionally ordered confidentiality obligations by mutual agreement of the parties.
2025-12-05UPC_CFI_492/2024Copenhagen LDApplication for preserving evidence pursuant to RoP192EvidenceoutcomeName.otherThe Copenhagen Local Division (in Danish) imposed penalty payments of EUR 67,500 on HGSystem ApS and associated entities for delayed compliance with a preservation of evidence order in proceedings concerning EP 4 238 202 B1. The defendants had failed to provide access codes and login information for financial systems, email accounts, and a seized computer for 36 days. The Court found penalties of EUR 5,000 per day appropriate for the first 18-day period and EUR 2,500 per day for the subsequent 18 days, acknowledging that penalties also serve a punitive function even where the obligation has since been fulfilled. Costs deferred to the main proceedings.
2025-11-17UPC_CFI_541/2025Dusseldorf LDApplication Rop 265ProceduralWithdrawnThe Düsseldorf Local Division permitted the claimant to withdraw the infringement action against Defendant 2 (Wizart LLC) under R. 265.1 RoP after Defendant 1 asserted that Wizart LLC was a non-existent entity; the statement of claim had not yet been served on Defendant 2.
2025-10-15UPC_CFI_541/2025Dusseldorf LDGeneric OrderProceduralProcedural onlyThe Düsseldorf Local Division granted the claimant's application to serve the statement of claim on Defendant 2 (Wizart LLC) by an alternative method — delivery to the CEO's business address in Poland — after service at the registered address had failed.
2025-09-30UPC_CFI_688/2025Hamburg LDInfringement ActionInfringement meritsSettledThe Hamburg Local Division confirmed the settlement between MED-EL Elektromedizinische Geräte and Zhejiang Nurotron Biotechnology / Nurotron Global SARL in the infringement action concerning EP 4 074 373, recording the settlement as an enforceable court decision under R. 365 RoP with the details remaining confidential.
2025-09-02UPC_APP_35269/2025Nordic-Baltic RDGeneric applicationCostsProcedural onlyOrder of the Nordic-Baltic Regional Division in Edwards Lifesciences v Meril Life Sciences et al. (EP 3 769 722) on a request for rectification of the decision on the merits of 21 July 2025. The prior decision on the merits found the patent invalid as granted but upheld it as amended, and found infringement of the amended patent. The operative part of that decision ordered the defendants to bear 100% of Edwards' costs in the infringement action and 75% of Edwards' costs in the revocation counterclaim proceedings. The defendants requested rectification to add an obligation on Edwards to bear 25% of the defendants' costs in the revocation proceedings. The rectification request is the subject of this order.
2025-08-29ACT_19943/2025The Hague LDApplication for provisional measuresPreliminary injunctionPI deniedThe Hague Local Division dismissed Cilag GmbH International's and Ethicon LLC's application for provisional measures (preliminary injunction) against RiVOLUTiON GmbH for alleged infringement of EP 3 689 262 (a staple cartridge patent for surgical staplers). The court found that the urgency requirement for provisional measures was not satisfied: Cilag had known or should have known by November 2024 (following a Bariatric Study result) of the potential infringement and related market risks, and had not filed the application promptly. The fact that a Sana group tender outcome became clearer later did not revive urgency as it was foreseeable. Cilag was ordered to pay EUR 80,000 as an interim costs award to RiVOLUTiON. Ancillary applications were also dismissed.
2025-08-25ORD_35448/2025Hamburg LDGeneric OrderProceduralProcedural onlyThe Hamburg Local Division ruled that authority to represent a defendant in provisional measures proceedings does not automatically extend to receiving service of a statement of claim in subsequent infringement proceedings, and that service on non-EU defendants must follow Rule 274 RoP.
2025-08-14UPC_CFI_387/2025Hamburg LDApplication for provisional measuresPreliminary injunctionPI grantedThe Hamburg Local Division granted Dyson Technology Limited a preliminary injunction against Dreame International (HK) and related defendants for infringement of EP 3 119 235 (vacuum cleaner technology), including against an Authorised Representative as intermediary under Art. 63(1) UPCA.
2025-08-14UPC_CFI_387/2025Hamburg LDApplication for provisional measuresPreliminary injunctionPI grantedFinal order from the Hamburg Local Division dated 14 August 2025 granting a preliminary injunction in favour of Dyson Technology Limited against Dreame entities regarding EP 3 119 235 (vacuum cleaner hair attachment). The injunction was granted against defendants 1 (Dreame International Hong Kong), 2 (Teqphone GmbH) and 4 (Dreame Technology AB) for direct infringement of claims 1 and 11 within the UPCA territory, and against defendants 1 and 3 (Eurep GmbH) also with respect to Spain. The application was partially dismissed for remaining embodiments. Key rulings: (1) UPC has jurisdiction regardless of defendant's domicile for infringements in UPC member states; (2) an Authorized Representative in the EU under product safety regulations can serve as an anchor defendant under Art. 8(1) Brussels I; (3) such Authorized Representatives can be subject to injunctions as intermediaries under Art. 63(1) UPCA. A penalty of EUR 250,000 per case of non-compliance was imposed. Each party bears its own costs; court fees shared 50/50.
2025-07-31ACT_953/2024Nordic-Baltic RDInfringement ActionInfringement meritsInfringedDecision by Nordic-Baltic Regional Division (UPC_CFI_9/2024, 31 July 2025) finding Sioen NV liable for infringement of EP 2 186 428 B2 (protective workwear / clothing) across 16 UPC member states. An injunction was granted, product recall and destruction ordered, information on sales required, damages declared owing, and EUR 50,000 awarded as interim legal costs. All other requests were dismissed.
2025-07-21UPC_CFI_380/2023Nordic-Baltic RDInfringement ActionoutcomeName.otherDecision of the Nordic-Baltic Regional Division dated 21 July 2025 (anonymised) in Edwards Lifesciences Corporation's infringement action against Meril Life Sciences Pvt Limited and related entities regarding EP 3 769 722 (heart valve delivery system). The decision covers the infringement action and multiple counterclaims for revocation filed by Meril entities, as well as applications to amend the patent. The oral hearing was held on 16 January 2025, with further pleadings submitted after the hearing regarding parallel EPO opposition proceedings. The operative part of the decision is not included in the available excerpt; however given the case involves both infringement claims and revocation counterclaims with patent amendment applications, a substantive ruling on both infringement and validity is expected.
2025-07-21UPC_CFI_8/2023Nordic-Baltic RDApplication Rop 365SettledThe court confirmed a settlement agreement between Edwards Lifesciences Corporation and the Meril defendants (Meril Lifesciences PVT Limited, Meril GmbH, SMIS International OÜ, and Sormedica UAB) in the infringement action and related counterclaims for revocation concerning EP 2 628 464. Both the infringement action and counterclaims for revocation were settled and confirmed by decision. The court also ordered partial reimbursement of court fees.
2025-04-23UPC_CFI_452/2024Nordic-Baltic RDApplication Rop 265WithdrawnThe Nordic-Baltic Regional Division declared proceedings closed following the mutual withdrawal of Viking Arm AS's infringement action and Stanley Black & Decker's counterclaim for revocation concerning EP 3 953 541. Both parties consented to each other's withdrawal and agreed that no cost decision was required.
2025-03-03UPC_CFI_492/2024Copenhagen LDApplication for preserving evidence pursuant to RoP192EvidenceProcedural onlyOrder by the Copenhagen Local Division in preservation of evidence proceedings. The court ruled that the supplementary IT expert report from the evidence preservation procedure may be disclosed to the parties' representatives under confidentiality obligations. The court declined to impose penalty payments at that stage. Costs deferred to main proceedings.
2025-02-27UPC_APP_7494/2025Nordic-Baltic RDApplication Rop 265ProceduralSettledThe Nordic-Baltic Regional Division declared provisional measures proceedings between Fapa Vital AG and Valentis Baltic UAB concerning EP1978949 closed following the applicant's withdrawal after a settlement, ordered 60% reimbursement of court fees under R.370.9(b)(i) RoP, and declined to issue a cost decision as agreed by the parties.
2025-02-21ACT_61342/2024Hamburg LDApplication for provisional measuresPreliminary injunctionPI deniedThe Hamburg Local Division dismissed Teleflex Life Sciences II LLC's application for provisional measures against Speed Care Mineral GmbH regarding hemostatic wound-care products, because Teleflex failed to demonstrate with sufficient certainty that the attacked embodiment contained a 'binder' as required by the patent claims, and the burden of proof was not reversed.
2025-02-17UPC_CFI_527/2024Nordic-Baltic RDApplication for preserving evidence pursuant to RoP192WithdrawnNordic-Baltic Regional Division declared the evidence preservation proceedings closed following Imbox Protection's withdrawal of its application after being convinced that the defendants do not infringe EP 2 276 862. As the unsuccessful party, Imbox was ordered to reimburse each defendant (Brunngård Group AB and Footbridge Group AB) SEK 225,000 in legal costs. The ceiling for recoverable costs applies as a joint ceiling regardless of number of defendants.
2025-01-21UPC_APP_33375/2024Nordic-Baltic RDApplication RoP262.1 (b)ProceduralDismissedNordic-Baltic Regional Division judge-rapporteur closed proceedings following withdrawal of seven public access applications (R. 262.1(b) RoP) by the applicant (an individual acting also on behalf of SWAT Medical AB) in Edwards Lifesciences Corporation v. Meril et al. proceedings. Meril Life Sciences PVT Limited's request for cost reimbursement (EUR 17,168.70) was rejected: Art. 69 UPCA does not apply to proceedings on public access requests because (i) the Enforcement Directive's cost principle does not extend to such requests, (ii) no ceiling for recoverable costs has been set for access proceedings, and (iii) parties to the main proceedings are merely consulted, not 'parties' in the access sub-proceedings.
2025-01-20UPC_APP_68693/2024Nordic-Baltic RDApplication Rop 265ProceduralWithdrawnThe Nordic-Baltic Regional Division declared the proceedings closed following the mutual withdrawal of Abbott Diabetes Care's infringement action and Dexcom's counterclaim for revocation (both relating to EP 3 977 921). Both parties consented to withdrawal with no cost decision requested or made.
2025-01-20UPC_APP_68369/2024Nordic-Baltic RDApplication Rop 265ProceduralWithdrawnThe Nordic-Baltic Regional Division permitted the withdrawal of Abbott Diabetes Care Inc.'s infringement action (ACT_588346/2023) and Dexcom's counterclaim for revocation (CC_14848/2024) in Abbott v Dexcom proceedings (UPC 430/2023, EP 3 977 921). Both parties consented to each other's withdrawals and agreed that no costs order would be made. The Court declared the proceedings closed.
2025-01-20UPC_CFI_430/2023Nordic-Baltic RDApplication Rop 265WithdrawnThe Nordic-Baltic Regional Division declared proceedings closed following the mutual withdrawal of Abbott Diabetes Care Inc.'s infringement action and Dexcom's counterclaim for revocation concerning EP 3 977 921. Both parties consented to each other's withdrawal and agreed that no cost decision would be issued.
2024-12-11ORD_65290/2024Nordic-Baltic RDGeneric OrderProceduralProcedural onlyNordic-Baltic Regional Division (full panel) order dismissing defendants' request to stay the main infringement proceedings pending EPO opposition proceedings concerning EP 3 769 722. The Court of Appeal had previously set aside an earlier stay dismissal and referred back for reconsideration under R. 295(a) RoP. On reconsideration, the panel dismissed the stay request again in the Meril/Edwards heart valve case (Edward Lifesciences v Meril entities). The request to stay pending Central Division revocation counterclaim was also refused.
2024-12-10ACT_582093/2023Nordic-Baltic RDInfringement ActionProceduralProcedural onlyThe Nordic-Baltic Regional Division issued a post-interim conference procedural order in Edwards Lifesciences Corporation v Meril Life Sciences and others (UPC_CFI_380/2023, EP 3 769 722 — a transcatheter heart valve patent). The order resolved multiple procedural disputes including: admissibility of additional invalidity attacks raised in the counterclaim for revocation; how to deal with the public interest defence; request for a CJEU preliminary reference (deferred); request for a Court expert (rejected); and practical arrangements for the oral hearing.
2024-10-29UPC_APP_10381/2024Nordic-Baltic RDPreliminary objectionmotionName.jurisdictionalProcedural onlyThe Nordic-Baltic Regional Division rejected Sioen NV's preliminary objection in the patent infringement action brought by TEXPORT, finding that parallel Belgian proceedings (for non-infringement declaration regarding the Belgian part of the patent) did not preclude UPC jurisdiction over infringements in Latvia and Portugal under Arts. 29–31 of Brussels I Recast.
2024-10-29ACT_953/2024Nordic-Baltic RDInfringement ActionProceduralProcedural onlyThe Nordic-Baltic Regional Division issued a post-interim-conference order in infringement proceedings, setting the value of the action at EUR 500,000, closing the written procedure, partially referring a preliminary objection issue to main proceedings, and allowing certain expert evidence previously contested by the defendant.
2024-10-07ORD_55063/2024Nordic-Baltic RDGeneric OrderProceduralProcedural onlyNordic-Baltic Regional Division (judge-rapporteur Kai Härmand) preliminary/case management order in Abbott Diabetes Care Inc.'s infringement action against Dexcom Inc. and Dexcom International Limited concerning EP 3 977 921 (a continuous glucose monitoring patent). The order addresses multiple pending applications including Abbott's R. 190 application to communicate information (partially dismissed following Paris LD precedent), Abbott's R. 191 application (found admissible but not justified), Abbott's application to change the statement of claim, Dexcom's request for security for legal costs, and sets procedural deadlines and oral hearing preparation steps.
2024-09-18UPC_APP_33494/2024Nordic-Baltic RDApplication RoP262.1 (b)ProceduralProcedural onlyProcedural order of the Nordic-Baltic Regional Division (full panel) on the same anonymized applicant's third parallel request for access to pleadings and evidence under Rule 262.1(b) RoP in the Edwards Lifesciences v. Meril proceedings (EP 2 628 464). Filed as App_33494/2024, this order applies the same legal principles on public access as the companion orders in App_33316/2024 and App_33493/2024, with substantially identical headnotes and analysis.
2024-09-18UPC_APP_33493/2024Nordic-Baltic RDApplication RoP262.1 (b)ProceduralProcedural onlyProcedural order of the Nordic-Baltic Regional Division (full panel) on the same anonymized applicant's request for access to pleadings and evidence under Rule 262.1(b) RoP in the Edwards Lifesciences v. Meril proceedings (EP 2 628 464). This is a parallel order filed in the counterclaim proceedings under App. 33493/2024, applying the same legal principles as App_33316/2024. The headnotes and legal analysis concerning public access under Art. 45 UPCA are substantially identical to the order in App_33316/2024.
2024-09-18UPC_APP_33316/2024Nordic-Baltic RDApplication RoP262.1 (b)ProceduralProcedural onlyProcedural order of the Nordic-Baltic Regional Division (full panel) on an anonymized applicant's request for access to pleadings and evidence under Rule 262.1(b) RoP in the Edwards Lifesciences v. Meril infringement proceedings (EP 2 628 464). The court set out important headnotes on public access: Art. 45 UPCA establishes a principle of openness of UPC proceedings including written procedure, and if an applicant has provided a credible explanation for seeking access, the application should be approved unless confidentiality is necessary. The court addressed whether the applicant's stated interest was sufficient to justify granting access.
2024-08-20UPC_APP_14299/2024Nordic-Baltic RDGeneric applicationProceduralProcedural onlyOrder by Nordic-Baltic Regional Division (UPC_CFI_380/2023, 20 August 2024) dismissing Meril defendants' application to stay infringement proceedings pending EPO opposition on EP 3 769 722 (transcatheter heart valve). The court clarified that R. 295(a) RoP and Art. 33(10) UPCA allow a discretionary stay during written procedure only if a rapid EPO decision is expected; R. 118.2(b) RoP applies only in the oral procedure phase.
2024-08-20UPC_APP_14061/2024Nordic-Baltic RDGeneric applicationProceduralProcedural onlyProcedural order from the Nordic-Baltic Regional Division (UPC_CFI_380/2023) dismissing Meril entities' application for security for costs against Edwards Lifesciences in an infringement action concerning EP 3 769 722. The Court held that the mere fact that the claimant is located in the United States does not justify ordering security for costs, as this would constitute an unjustified restriction of the right to an effective remedy; the risk of unenforceability in the US was deemed insufficient.
2024-08-16UPC_APP_43606/2024Nordic-Baltic RDGeneric applicationProceduralProcedural onlyThe Nordic-Baltic Regional Division issued a procedural order setting the timetable for resumption of Edwards Lifesciences' infringement action against Meril entities after a stay pending EPO Technical Board of Appeal decision in T0308/23 concerning EP 2 628 464.
2023-10-17UPC_CFI_11/2023Nordic-Baltic RDInfringement ActionProceduralProcedural onlyThe Nordic-Baltic Regional Division partially granted a Rule 262.1(b) request for public access to pleadings and evidence, holding that under Article 45 UPCA written proceedings are in principle public, and that a credible explanation for why access is sought is sufficient unless confidentiality is necessary.
2023-09-08UPC_CFI_11/2023Nordic-Baltic RDInfringement ActionProceduralProcedural onlyThe Nordic Baltic Regional Division issued a procedural order in OCADO's infringement proceedings against AUTOSTORE, addressing scheduling and related case management matters; the order is sparsely documented in the available excerpt.