UPClytics

Cases

Workhorse listing across all UPC cases. Filters apply across tabs.

DateCaseDivisionActionMotionOutcomeSummary
2026-01-09UPC_CoA_257/2025Court of AppealWithdrawal (RoP265)WithdrawalWithdrawnThe Court of Appeal permitted VMR Products LLC to withdraw its appeal against the Central Division Paris partial revocation decision (UPC_CFI_310/2023, 22 January 2025), which had partially revoked EP 3 613 453, maintaining it based on claims 6, 7 and 8 in combination with claim 1. The withdrawal followed the EPO Boards of Appeal revoking the patent in full on 11 November 2025. Court fees were reimbursed under the pre-2026 rate of 20% (action withdrawn before closure of oral procedure).
2026-01-09UPC_CoA_237/2025Court of AppealWithdrawal (RoP265)WithdrawalWithdrawnThe Court of Appeal permitted Juul Labs International, Inc. to withdraw its appeal against the Central Division Paris revocation decision (UPC_CFI_316/2023, 17 January 2025), which had revoked EP 3 430 921 across multiple UPC member states. The withdrawal was prompted by the EPO Boards of Appeal dismissing Juul Labs' appeal on 20 October 2025, confirming the patent's revocation by the EPO Opposition Division (decision of 10 September 2024). NJOY had no legitimate interest in the appeal being decided. Court fees were reimbursed under the pre-2026 rate.
2026-01-09UPC_CoA_5/2025Court of AppealWithdrawal (RoP265)WithdrawalWithdrawnThe Court of Appeal permitted Juul Labs International, Inc. to withdraw its appeal against the Central Division Paris revocation decision (UPC_CFI_309/2023, 5 November 2024), which had revoked EP 3 498 115 in multiple UPC member states. The withdrawal followed the EPO Boards of Appeal dismissing Juul Labs' appeal on 17 October 2025, confirming the EPO Opposition Division's revocation of 4 March 2024. NJOY had no legitimate interest in the appeal being decided. Court fees were reimbursed under the pre-2026 rate.
2026-01-07UPC_CFI_433/2024Paris CDCounterclaim for revocationRevocation meritsRevokedDecision of the Paris Central Division (Panel 2) dated 7 January 2026 on Microsoft Corporation's counterclaim for revocation of EP 2 671 173 (mobile location-based search technology) owned by Suinno Mobile & AI Technologies Licensing Oy. The court found the patent invalid for lack of inventive step over prior art documents BP07 and BP08. Auxiliary Requests I through further auxiliary requests were examined: Auxiliary Request I was found inadmissible or failed on added subject-matter; subsequent auxiliary requests lacked clarity or were inadmissible. The patent was thus revoked. The decision also addresses the requirements for admissible patent amendment applications under R. 30 RoP.
2025-12-29UPC_CoA_71/2025Court of AppealAppeal RoP220.1motionName.appeal_decisionRevokedThe Court of Appeal dismissed VMR Products' appeal against the Central Division decision revoking EP 3 456 214 (vaporiser/e-cigarette patent). All claims, including auxiliary requests and dependent claims 12–14, were found to lack inventive step, primarily in view of prior art document Pan. The appeal raised procedural issues about the permissibility of new invalidity grounds in the Defence to the Application to Amend (R. 43.3 RoP) and the admission of new evidence. VMR Products bears NJOY's costs up to the applicable ceiling.
2025-09-25UPC_CFI_323/2025Paris CDApplication Rop 365ProceduralSettledThe Central Division Paris (presiding judge Bessaud) homologated the settlement agreement between Scantrust SA and Advanced Track and Trace (ATT) in the revocation action concerning EP 2 364 485 (geometric code authentication method), recording the settlement as an enforceable court decision pursuant to R. 365 RoP.
2025-09-25UPC_CFI_323/2025Paris CDGeneric OrdermotionName.substantive_otherSettledDuplicate of the Central Division Paris decision homologating the settlement between Scantrust and ATT in the EP 2 364 485 revocation proceedings (R. 365 RoP).
2025-09-08UPC_APP_35761/2025Paris CDApplication RoP262AProceduralProcedural onlyThe Paris Central Division granted Microsoft Corporation's application for confidential treatment (R. 262A RoP) of an exhibit containing invoices from its law firm, including details of hours spent and fees agreed, filed in the cost decision proceedings against Suinno (ACT_34440/2025 / UPC_CFI_724/2025, EP 2 671 173). The Court held that fee invoices and billing details qualify as confidential information under R. 262A because they reveal the client's financial standing, patent asset valuation strategy, and are covered by attorney-client privilege under R. 287 RoP.
2025-05-23UPC_APP_23301/2025Court of AppealApplication Rop 265ProceduralWithdrawnThe Court of Appeal permitted NJOY Netherlands B.V. to withdraw its appeal against a Paris Central Division decision dismissing its revocation action against Juul Labs. The proceedings were declared closed and the scheduled oral hearing cancelled. NJOY's application for reimbursement of court fees was also addressed. NJOY had limited its appeal to the issue of costs allocation in the revocation proceedings.
2025-04-30UPC_APP_20180/2025Court of AppealGeneric applicationProceduralProcedural onlyCourt of Appeal order staying appeal proceedings in a revocation action concerning a patent for vaping/e-cigarette technology. The patent had been revoked at first instance (Central Division Paris). Juul Labs appealed and applied for a stay pending parallel EPO opposition appeal proceedings, which were accelerated with oral proceedings scheduled for 17 October 2025. NJOY agreed to the stay. The Court of Appeal stayed proceedings under R. 295(a) RoP as the EPO proceedings could be expected to conclude relatively quickly.
2025-04-28UPC_APP_14082/2025Court of AppealGeneric applicationProceduralProcedural onlyThe UPC Court of Appeal granted Juul Labs International's application to stay the revocation appeal proceedings pending a final decision by the EPO Boards of Appeal in parallel opposition proceedings concerning EP3430921, noting that both parties agreed to the stay and that the EPO oral proceedings were scheduled for approximately the same time as the UPC appeal hearing.
2025-04-25UPC_APP_16612/2025Court of AppealApplication RoP262.1 (b)ProceduralProcedural onlyThe Court of Appeal granted a member of the public (Nicoventures) immediate access to written pleadings and evidence under R. 262.1(b) RoP, subject to conditions restricting use of those documents in other proceedings until the appeal is resolved.
2025-04-25UPC_APP_13365/2025Court of AppealApplication RoP262.1 (b)ProceduralProcedural onlyCourt of Appeal granted Nicoventures Trading Limited's request for access to written pleadings and evidence from appeal proceedings (Rule 262.1(b) RoP) involving Juul Labs and NJOY (nicotine product patents). Access was granted subject to conditions: Nicoventures may not file the pleadings with other courts (e.g. EPO Boards of Appeal) until the UPC appeal is closed, though it may use the arguments or prior art independently. Personal data in the documents was to be redacted by the Registry. Blanket requests for future documents were held inadmissible.
2025-04-25UPC_APP_13352/2025Court of AppealApplication RoP262.1 (b)ProceduralProcedural onlyThe Court of Appeal granted Nicoventures Trading Limited access to specified written pleadings and evidence from the NJOY vs. VMR Products (Juul) appeal proceedings (UPC_CFI_310/2023), subject to the condition that the documents may not be filed with other courts or distributed until the appeal is concluded.
2025-04-02UPC_APP_61657/2024Paris CDGeneric applicationProceduralProcedural onlyOrder of the Paris Central Division (full panel) declining to issue a decision by default against Suinno Mobile & AI Technologies Licensing Oy (claimant in infringement action) following Suinno's failure to provide security for costs within the Court-set deadline. Microsoft Corporation (defendant/counterclaimant) requested a default decision revoking the patent and dismissing the infringement action. The court set out key headnotes: (1) even where the default is evident and unjustified, the court retains discretionary power not to issue a default decision; (2) the court may decline a default where the evidentiary record at time of default does not allow sufficiently confident assessment of the non-defaulting party's claims. The court found the existing record insufficient to confidently assess the merits of Microsoft's revocation counterclaim and declined to revoke the patent by default.
2025-03-13UPC_APP_7866/2025Paris CDGeneric applicationProceduralProcedural onlyThe Paris Central Division (Panel 2) rejected Microsoft Corporation's application to have Suinno Mobile & AI Technologies Licensing Oy's infringement action declared manifestly inadmissible on the grounds that the claimant's representative allegedly had excessive financial authority over the claimant entity, finding that a lack of valid representation does not render the action inadmissible but merely requires the party to remedy the deficit.
2025-03-03UPC_CFI_164/2024Paris CDGeneric OrderProcedural onlyThe Central Division Paris ordered claimant Suinno Mobile & AI Technologies Licensing Oy to appoint a new patent-qualified representative to replace its existing representative who lacked the requisite independence required under UPC rules. The court granted a period for compliance and required ratification of prior acts. The defendant's request to reject the infringement action as manifestly inadmissible was deferred pending the claimant's compliance.
2025-01-24UPC_APP_67889/2024Paris CDApplication RoP262.1 (b)ProceduralProcedural onlyThe Paris Central Division (sitting as CFI) dismissed the Institute of Professional Representatives before the EPO (EPI)'s application for public access to written pleadings and evidence in the Suinno v Microsoft infringement proceedings (UPC_CFI_164/2024, EP 2 671 173). The Court held that the interest in protecting the integrity and independence of proceedings (particularly given the EPI's professional interest in the status of in-house European Patent Attorneys at the UPC) outweighed the access interest, as the matter raised a purely legal and general issue that did not require access to the specific case file.
2024-12-27UPC_APP_55923/2024Paris CDApplication Rop 333ProceduralProcedural onlyThe Central Division (Paris) ruled on Suinno Mobile's application to vary the security for costs order in its infringement action against Microsoft, holding that a reduction in claimed damages did not affect the value of proceedings for security purposes.
2024-12-27UPC_APP_61655/2024Paris CDGeneric applicationProceduralProcedural onlyParis Central Division (panel) order on Microsoft Corporation's application for additional security for costs against Suinno Mobile & AI Technologies Licensing Oy in infringement proceedings concerning EP 2 671 173. The court had previously ordered EUR 300,000 in security for costs; Microsoft sought at least EUR 500,000 more. The order addresses the standard for increasing existing security and likely grants a modification, treating the request as one to increase the existing security order. No substantive ruling on infringement.
2024-12-12UPC_APP_64780/2024Paris CDGeneric applicationProceduralProcedural onlyThe Central Division Paris denied Microsoft Corporation's request for leave to appeal the order granting Suinno Mobile & AI Technologies leave to change its claim (reducing damages to EUR 2 million), holding that the order did not involve legal issues of different interpretations or serving a concrete interest of the parties.
2024-11-26UPC_APP_55394/2024Paris CDAmend DocumentProceduralProcedural onlyThe Central Division Paris granted Suinno Mobile & AI Technologies leave to reduce the damages sought from a higher amount to EUR 2 million, holding that a reduction of the damages claimed constitutes an unconditional limitation of a claim that must always be granted under R.263(3) RoP.
2024-09-30UPC_APP_42517/2024Paris CDGeneric applicationCostsProcedural onlyOrder of the Paris Central Division (full panel) on Microsoft Corporation's application for security for legal costs against Suinno Mobile & AI Technologies Licensing Oy (a Finnish NPE). The court addressed the standard for ordering security: the financial position of the respondent must give rise to a legitimate and real concern that a costs order may not be recoverable or enforceable. The court found Microsoft established the highest possible insolvency risk, as Suinno lacked substantial assets. The court ordered Suinno to provide adequate security for costs in the infringement action (UPC_CFI_164/2024). The respondent's reciprocal request was rejected.
2024-09-17UPC_APP_40799/2024Paris CDApplication Rop 333ProceduralProcedural onlyThe Central Division Paris panel upheld (on review under R.333 RoP) the judge-rapporteur's confidentiality order protecting certain documents submitted by Suinno Mobile & AI Technologies in the infringement action against Microsoft, and granted leave to appeal the underlying order.
2024-09-17UPC_APP_42138/2024Paris CDApplication Rop 333ProceduralDismissedOrder of the Central Division Paris Seat in Microsoft v Suinno Mobile & AI Technologies (EP 2 671 173). The panel dismissed Microsoft's application to review the judge-rapporteur's earlier order that had rejected Microsoft's request to declare Suinno's action manifestly inadmissible under R. 361 RoP. The panel held that manifest inadmissibility requires the defect to be clearly evident without in-depth analysis. Microsoft's alternative request for leave to appeal and for a preliminary ruling by the CJEU on the independence requirement under Art. 48(5) UPCA was also addressed.