UPClytics

Cases

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

DateCaseDivisionActionMotionOutcomeSummary
2026-03-03UPC_CoA_887/2025Court of AppealApplication Rop 265ProceduralWithdrawnThe Court of Appeal permitted Washtower's withdrawal of its application for provisional measures under R. 265 RoP and declared the proceedings closed. Washtower agreed to bear the costs of both first and second instance of the provisional measures proceedings. The Court also determined the value in dispute at 66% of the value of a permanent injunction, in accordance with the Court of Appeal's guidelines on cost ceilings for provisional measure proceedings not followed by a merits action.
2026-01-28UPC_CFI_315/2024Dusseldorf LDInfringement ActionInfringement meritsNot infringedThe Düsseldorf Local Division dismissed Labrador Diagnostics' infringement action concerning EP 3 756 767 against bioMérieux entities, finding no infringement after the Central Division amended the patent claims; the court was bound by the amended claim wording and validity was no longer decisive.
2026-01-16UPC_CFI_702/2024Paris LDInfringement ActionInfringement meritsInfringedFinal decision (in French) in infringement action by IMC Créations against Mul-T-Lock France (EP 4 153 830, unitary patent - lock/padlock). Court found that the MVP 1000 padlock infringed the amended claims 1 and 6 of the unitary patent as limited. Revocation counterclaim rejected (claims 1 and 6 of the amended patent valid). Injunction and corrective measures (recall, removal from channels, destruction) ordered, with a 3-month delay before enforcement per parties' agreement. Disclosure of commercial information ordered. Mul-T-Lock to bear 90% of costs. Claims on the Swiss part of the patent rejected. Key headnotes: amended unitary patent takes effect from original grant date; national parts of European patent in non-UPC states assessed against the patent as originally granted.
2026-01-12UPC_CFI_350/2025Paris CDRevocation ActionRevocation meritsPartially revokedParis Central Division (Paris seat) issued a decision by default partially revoking European patent EP2728089 ('Sequenced chamber wave generator controller and method'). The court found Claim 1 invalid for lack of novelty (anticipated by prior art D1 combined with D3, i.e. obvious) within the scope of the UPC contracting member states in which the patent was in force. The patent was partially revoked as to Claim 1. American Wave Machines failed to participate. Costs borne by American Wave. The patent was not entirely revoked; the revocation was limited to Claim 1's territorial scope in UPC states.
2025-10-23UPC_CFI_497/2024Milan CDRevocation ActionRevocation meritsPatent amendedThe Central Division Milan rejected the revocation action by bioMérieux against Labrador Diagnostics' EP 3 756 767 B1 (diagnostic test patent), maintaining the patent in amended form pursuant to Auxiliary Request 3; bioMérieux was ordered to pay EUR 400,000 in legal costs to Labrador.
2025-09-26UPC_CFI_315/2024Dusseldorf LDProcedural OrderProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order under R. 108 RoP in the infringement action by Labrador Diagnostics LLC against bioMérieux entities concerning EP 3 756 767 B1 (diagnostic testing apparatus).
2025-09-24UPC_CoA_887/2025Court of AppealAppeal RoP220.1motionName.appeal_decisionProcedural onlyCourt of Appeal (Judge-Rapporteur) granted Appellants' request for a two-week extension of the time limit for lodging their Statement of Grounds of Appeal, from 26 September 2025 to 10 October 2025, citing the exceptional circumstance that both lead attorney and lead patent attorney were unavailable due to professional constraints including an EPO oral hearing.
2025-09-09UPC_APP_33377/2025Milan LDApplication Rop 265ProceduralSettledThe Milan Local Division allowed mutual withdrawal of all claims in the Oerlikon Textile v. Himson Engineering infringement action (UPC_CFI_240/2023) following a settlement reached by both parties, with costs fully offset.
2025-07-18CC_54050/2024Milan CDCounterclaim for revocationProceduralProcedural onlyThe Milan Central Division issued a procedural order following an interim conference in this counterclaim for revocation, setting the schedule and framework for the oral hearing and managing witness declarations.
2025-07-18ACT_48305/2024Milan CDRevocation ActionProceduralProcedural onlyProcedural order issued after the interim conference of 14 July 2025 in a revocation/counterclaim for revocation action concerning EP 3 756 767. The order sets out case management decisions including the oral hearing schedule, treatment of declarants, submission deadlines, and requests parties to agree on the value of the action.
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.
2025-02-20UPC_APP_3348/2025Milan LDApplication RoP262.1 (b)ProceduralProcedural onlyThe Milan Local Division denied Bhagat Textile Engineers' application for access to the counterclaim for revocation file under Rule 262.1(b) RoP, finding the information sought could be obtained through other means and that access would compromise the integrity of ongoing settlement negotiations.
2025-02-20UPC_APP_3348/2025Milan LDApplication RoP262.1 (b)ProceduralDismissedApplication by Bhagat Textile Engineers for public access under R.262.1(b) RoP to the counterclaim for revocation case file (Himson v. Oerlikon) in proceedings before the Milan Local Division was rejected. The court held that the information sought was obtainable from other public sources, that Bhagat had already been found to infringe the patent in parallel proceedings and had procedurally chosen not to challenge the patent, and that granting access would compromise the integrity of pending settlement negotiations between the parties.
2024-12-17ACT_549550/2023Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division issued a pre-trial conference order in Oerlikon v Himson's infringement and revocation proceedings for EP 2 145 848 B1, addressing pending issues including infringement evidence, damages, the Rule 119 penalty request, and setting the case value at EUR 2,000,000 for cost ceiling purposes.
2024-12-17UPC_CFI_240/2023Milan LDInfringement ActionProceduralProcedural onlyProcedural order (interim conference summary) of Milan Local Division in Oerlikon Textile v Himson Engineering (EP 2 145 848). The order summarises the procedural history (evidence preservation order, infringement and revocation counterclaim), the issues discussed at the interim conference (settlement proposals, claim construction, auxiliary requests) and confirms procedural arrangements for the oral hearing. Seven auxiliary requests remain before the court.
2024-11-25ORD_62633/2024Milan LDGeneric OrderProceduralProcedural onlyThe Milan Local Division issued a case management order ahead of the oral hearing, addressing agenda items including settlement prospects, translation errors in the Italian validation of the patent, the counterclaim for revocation, auxiliary requests, and infringement evidence.
2024-09-17UPC_CFI_240/2023Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division refused Oerlikon's request to admit an eighth auxiliary request to amend EP 2 145 848 B1, finding that AR8 did not constitute an effective response to the new prior art relied upon and that it introduced an inadmissible intermediate generalisation contrary to Art. 84 EPC.
2024-09-17UPC_CFI_240/2023Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division refused Oerlikon's request to admit an eighth auxiliary request to amend EP 2 145 848 B1, finding that AR8 did not constitute an effective response to the new prior art relied upon and that it introduced an inadmissible intermediate generalisation contrary to Art. 84 EPC.
2024-07-23ORD_40568/2024Milan LDGeneric OrderEvidenceProcedural onlyThe Milan Local Division granted a confidentiality order for a license agreement document in Oerlikon's infringement proceedings against Himson, limiting access to a confidentiality club that includes one technical consultant for the defendant and counsel for both parties.
2024-07-23UPC_APP_28655/2024Milan LDApplication RoP262AProceduralProcedural onlyProcedural order from the Milan Local Division (UPC_CFI_240/2023) on Oerlikon's application under R. 262A RoP for confidentiality protection of financial information disclosed in its rejoinder in proceedings concerning EP 2 145 848. The Court ordered creation of a confidential club including at least one natural person from Himson and technical consultants, ruling that excluding natural persons from the respondent would breach the right to adversarial proceedings.
2024-07-23UPC_CFI_240/2023Milan LDGeneric OrderProceduralProcedural onlyProcedural order of the Milan Local Division (in Italian) in Oerlikon Textile v Himson Engineering (EP 2 145 848) granting Oerlikon's application for a confidentiality order under R. 262A RoP over financial information provided in reply to a R. 158 RoP request. The court constituted a confidentiality club comprising only legal representatives of Himson (not the party itself), consistent with the financial sensitivity of the documents.
2023-09-27UPC_CFI_240/2023Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division rejected a Rule 262.1(b) request for case file access filed by a lawyer claiming to represent Himson Engineering, holding that a lawyer who is party-affiliated (even without formal appearance) is not a 'third party' within the meaning of Rule 262.1(b) and cannot access the file before service is complete.
2023-07-21UPC_CFI_240/2023Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division ordered that the Statement of Claim be served on the defendants without transmitting copies of the approximately 2,000 pages of attached exhibits, with the claimant's prior consent.