UPClytics

Cases

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

DateCaseDivisionActionMotionOutcomeSummary
2025-08-20UPC_APP_34743/2025Mannheim LDApplication Rop 333ProceduralProcedural onlyThe Mannheim Local Division (full panel) rejected Centripetal Limited's request for a further written pleading after defendants' rejoinder, confirming the judge-rapporteur's order that admitting a new infringement reading would necessitate an additional defendant brief incompatible with the scheduled oral hearing timetable.
2025-08-20ORD_34687/2025Dusseldorf LDGeneric OrderProceduralProcedural onlyDüsseldorf Local Division order (judge-rapporteur Kupecz) in provisional measures proceedings by Occlutech GmbH against Lepu Medical entities concerning EP 1 998 686 (medical device / patent). The order appoints a technically qualified judge (TQJ) under Art. 8(5)(2) UPCA and R. 34 RoP for the PI proceedings, as the panel considers it necessary to assess the validity of the patent at issue. No substantive ruling.
2025-08-20UPC_CoA_380/2025Court of AppealApplication to leave to appeal a cost decision (RoP221)Procedural onlyCourt of Appeal dismissed an application for leave to appeal against a cost decision (R.221 RoP) and refused requests to refer questions to the CJEU for preliminary rulings under Art. 267 TFEU. The Court clarified that while it must interpret its own law consistently with EU law, it cannot ask the CJEU to interpret the UPCA or the RoP directly.
2025-08-19ORD_35092/2025Munich LDRule 264 OrderProceduralProcedural onlyThe Munich Local Division judge-rapporteur ordered separation of proceedings, directing that the action against defendants 1 and 2 (represented defendants) be separated from the main proceedings, with all procedural time limits as in the original action.
2025-08-19UPC_APP_34857/2025Mannheim LDGeneric applicationProceduralProcedural onlyThe Mannheim Local Division issued a procedural order granting the defendants' request to extend the time period for their statement of defence and counterclaim for revocation following their access to the unredacted version of a confidential exhibit under a R.262A RoP pre-order.
2025-08-19UPC_APP_34490/2025The Hague LDGeneric applicationProceduralProcedural onlyProcedural order of the Hague Local Division granting a deadline extension for the defendants (Walt Disney Company entities) in infringement proceedings concerning a patent for electronic programme guide technology owned by Adeia Guides Inc.
2025-08-19UPC_CFI_131/2025Brussels LDGeneric OrderCostsProcedural onlyFinal rectification order from the Brussels Local Division dated 19 August 2025 pursuant to R. 353 RoP, correcting a material error (arithmetic mistake) in an earlier costs order. The order clarifies that a rectification under R. 353 RoP is limited to correcting material errors, clerical mistakes and arithmetic errors, and cannot be used to reopen the reasoning of the earlier decision. The court also held that a rectification order does not affect the time limits for appeal relating to alleged legal errors in the original decision.
2025-08-18UPC_APP_33094/2025The Hague LDApplication Rop 333ProceduralProcedural onlyThe Hague Local Division (18 August 2025) confirmed the preliminary objection order upholding UPC jurisdiction over multiple Moderna entities (including Moderna Spain and Moderna Norway) in infringement actions concerning COVID-19 vaccine Spikevax. The panel dismissed all Moderna's grounds challenging international jurisdiction under Brussels Regulation Art. 7(2) and 8(1) and the Lugano Convention.
2025-08-18UPC_APP_33670/2025Munich LDGeneric applicationmotionName.jurisdictionalProcedural onlyPresident of the UPC Court of First Instance granted defendants' application to change the language of proceedings in UPC_CFI_460/2025 from the language of the statement of claim to English (the language in which the patent EP 2 765 731 was granted). The order found that the balancing of interests, including the defendants' internal communication needs, favoured a change to English. A separate request that the oral hearing be held in German was dismissed as premature; this may be discussed with the Judge-rapporteur.
2025-08-15UPC_APP_34722/2025Court of AppealApplication Rop 223ProceduralProcedural onlyThe Court of Appeal denied Sun Patent Trust's application for suspensive effect of a confidentiality order, holding that an application for suspensive effect cannot be made before lodging a Statement of Appeal; the standing judge dismissed the application as inadmissible.
2025-08-15ACT_39810/2024The Hague LDInfringement ActionProceduralProcedural onlyThe Hague Local Division issued a procedural order under Rule 105.5 RoP following an interim conference, addressing scheduling, use of visual aids, and appointment of a technical judge for the oral hearing in an infringement action regarding EP 2 432 351.
2025-08-15UPC_APP_34897/2025The Hague LDGeneric applicationProceduralProcedural onlyThe Hague Local Division granted parties' mutual request to stay the infringement proceedings until 13 February 2026 under Rule 295(d) RoP, following a joint application indicating settlement discussions.
2025-08-15UPC_APP_34719/2025Court of AppealApplication Rop 223ProceduralProcedural onlyThe UPC Court of Appeal dismissed Sun Patent Trust's application for suspensive effect of two appeals concerning confidentiality orders in infringement proceedings against Vivo entities (EP3407524 and EP3852468), because a statement of appeal had not yet been lodged as required by R.223.1 and R.224.1 RoP.
2025-08-15UPC_APP_34336/2025Court of AppealGeneric applicationCostsSettledThe Court of Appeal granted the release and transfer of a security deposit of EUR 25,000 (provided by Ballinno for Kinexon's legal costs in the appeal proceedings) following a settlement agreement between the parties. The appeal had been adjudicated on 26 June 2025 and thereafter the parties entered into a settlement. The security was ordered to be transferred to Kinexon Sports GmbH.
2025-08-15UPC_APP_34714/2025Court of AppealApplication Rop 223ProceduralProcedural onlyCourt of Appeal refused Rivolution's application for suspensive effect of its appeal against Munich Local Division's preliminary injunction granted to Cilag and Ethicon for infringement of EP 2 515 768. The Court held that in the absence of the grounds for decision, manifest error can only be established if the operative part pronounces a legal consequence not derived from the UPCA or RoP. No such manifest error was found.
2025-08-15UPC_CoA_737/2025Court of AppealApplication Rop 223Procedural onlyThe Court of Appeal dismissed RiVOLUTiON's application for suspensive effect of its appeal against a preliminary injunction granted by the Munich Local Division in favour of Cilag GmbH International. The court found no manifest error in the first-instance order, noting that the grounds of the decision were not yet available and therefore the required threshold for manifest error could not be met.
2025-08-14ORD_34872/2025Hamburg LDGeneric OrderCostsCosts onlyHamburg Local Division (14 August 2025) ordered that the EUR 56,000 security for procedural costs provided by Ballinno B.V. be released to the defendants (Kinexon companies), constituting a partial settlement of the pending costs application, and declared the costs application (App_44034/2024) closed.
2025-08-14UPC_APP_16918/2025Court of AppealGeneric applicationProceduralProcedural onlyThe Court of Appeal issued an order in Barco v. Yealink proceedings concerning an application for leave to change the claim (R. 263 RoP) and a request for further written pleadings (R. 36 RoP). The court denied leave to introduce a subsidiary claim that broadened the previous claim scope without justification for the late filing. The court also addressed the boundaries of permissible references to first-instance oral hearing statements on appeal.
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.
2025-08-14UPC_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.
2025-08-13UPC_APP_11672/2025The Hague LDProcedural OrderProceduralNot infringedThe Hague Local Division dismissed Winnow Solutions' infringement action against Orbisk B.V. (food waste monitoring system, EP 3 198 245), finding no infringement. The patent was partially revoked and Winnow was ordered to pay EUR 112,000 in legal costs.
2025-08-13UPC_APP_34218/2025The Hague LDGeneric applicationProceduralProcedural onlyThe Hague Local Division considered Genevant/Arbutus's applications to extend deadlines for filing their reply to the defence and statement of defence in counterclaim, following delayed access to confidential information in the Moderna mRNA patent infringement proceedings.
2025-08-13ACT_36388/2024The Hague LDInfringement ActionInfringement meritsPartially revokedThe Hague Local Division dismissed Winnow Solutions' infringement claims (EP 3 198 245, food waste monitoring system) and partially revoked the patent as granted, maintaining it only in the form of Conditional Request 3 (an amended version). The patent was found not infringed by Orbisk B.V. in the form maintained by the court. Winnow was ordered to pay 85% of Orbisk's costs (EUR 112,000 legal costs, EUR 15,000 court fee, EUR 5,500 expert costs = EUR 112,625 total). Orbisk's R.190 document production application was dismissed.
2025-08-13UPC_CoA_446/2025Court of AppealAppeal RoP220.1PI grantedThe Court of Appeal set aside the Lisbon Local Division's refusal to grant provisional measures and ordered a preliminary injunction against Zentiva Portugal prohibiting the making, offering, placing on the market or use of nintedanib products (Nintedanib Zentiva 100mg and 150mg soft capsules) for idiopathic pulmonary fibrosis in 17 UPC Contracting Member States while EP 1 830 843 remains in force. The court held that completion of national HTA/pricing/reimbursement procedures constitutes imminent infringement. Zentiva was ordered to pay EUR 199,000 as an interim award of costs. The request for an information order was denied.
2025-08-12UPC_APP_19218/2025Dusseldorf LDApplication RoP262AProceduralProcedural onlyThe Local Division Düsseldorf amended a prior confidentiality order under R.262A RoP after the defendants withdrew their objection to the natural person identified by the claimant, adjusting the confidentiality club composition and the scope of protected technical information relating to surf wave machine technology.
2025-08-12UPC_APP_33761/2025Court of AppealGeneric applicationProceduralProcedural onlyCourt of Appeal (12 August 2025) extended the deadline for Cisco to file its response to Lionra's appeal and any cross-appeal by two weeks (to 3 October 2025), finding a full month extension too long and one week too short given that Cisco had only recently obtained access to Lionra's unredacted appeal grounds (which contained confidential source code material).
2025-08-12UPC_APP_34519/2025Dusseldorf LDGeneric applicationProceduralProcedural onlyDüsseldorf Local Division order (judge-rapporteur Thomas) changing the language of proceedings from German to English in infringement proceedings by Headwater Research LLC against Samsung Electronics entities concerning EP 3 110 072. Both parties requested the change to the language in which the patent was granted (English), pursuant to Art. 49(3) UPCA and R. 321 RoP. The order was granted.
2025-08-11UPC_APP_23444/2025Munich LDGeneric applicationProceduralProcedural onlyProcedural order in an infringement action concerning security for costs (Art. 69.4 UPCA, R. 158 RoP). Defendants requested the claimant (a Cypriot entity) provide security of EUR 3.3 million total (EUR 1.1 million per defendant). Claimant opposed or sought a lower amount with insurance as alternative security. The order addresses the competing requests for security for costs but the operative decision text was not fully reproduced in the excerpt.
2025-08-11UPC_APP_20446/2025Munich LDGeneric applicationProceduralProcedural onlyMunich Local Division ordered claimant Syntorr LP to provide security for costs to defendants Arthrex Inc., Arthrex GmbH, and Arthrex Distribution Hub EMEA B.V. in the total amount of EUR 2,000,000 by 30 September 2025, either by bank guarantee or deposit. The court rejected Syntorr's litigation insurance policy as adequate security under Rule 158(1) RoP but set the amount at the regular ceiling of EUR 2,000,000 rather than the EUR 3,300,000 requested. Defendants' request for EUR 3,300,000 was dismissed.
2025-08-08UPC_APP_28086/2025Mannheim LDApplication Rop 333ProceduralProcedural onlyPanel review under Rule 333 RoP of a judge-rapporteur order (App_22065/2025) that had dismissed a defendant's application to admit a new novelty attack based on new prior art (EP 3 868 480) into the counterclaim for revocation. The order concerned whether leave to amend the counterclaim should be granted under Rule 263 RoP.
2025-08-06UPC_APP_66435/2024Mannheim LDGeneric applicationCostsCosts onlyThe Mannheim Local Division ruled that a separate costs assessment procedure under R.150 RoP is not available for costs incurred in applications for procedural orders such as security for costs (R.158 RoP), and that such costs will instead be assessed as part of the overall costs assessment following the final decision on the merits.
2025-08-06UPC_APP_20207/2025Mannheim LDApplication RoP262AProceduralProcedural onlyThe Mannheim Local Division issued a procedural order granting in part Hurom's R. 262A RoP application for protection of confidential information (legal fee invoices) in the cost proceedings (UPC_CFI_159/2024, UPC_CFI_336/2025) between Hurom and WARMCOOK/NUC Electronics concerning EP 2 028 981. The court granted confidentiality protection for detailed billing information but denied the requested access restriction to lawyers only, as this required party consent under R. 262A.6 RoP.
2025-08-06UPC_APP_32529/2025Milan CDAction against the decision of the EPO (RoP97)motionName.appeal_epoDismissedOrder of Central Division Milan Section (duty judge, in French) dismissing Bodycap, CNRS and Université de Rennes' appeal (under R. 97 RoP) against the EPO's rejection of their unitary effect request for EP 3 691 518. The EPO had correctly applied R. 6.2 and R. 7.3 of the Implementing Regulations for Unitary Protection (RPU): after the university reorganisation (Université de Rennes I dissolved and replaced by Université de Rennes), the new address had not been provided in the unitary effect application within the one-month non-extendable deadline under R. 7.3 RPU. Each party bears its own costs.
2025-08-06UPC_CFI_195/2025Dusseldorf LDGeneric applicationProcedural onlyThe Düsseldorf Local Division granted the claimants' request to stay infringement proceedings (and the related counterclaim for revocation) concerning EP 4 252 857 pending the outcome of the appeal against the first-instance decision in related case UPC_CFI_505/2024 (concerning EP 3 536 712). The court found that both cases involve the same factual and legal infringement questions and that a stay serves efficient use of judicial and party resources.
2025-08-05UPC_APP_32878/2025Dusseldorf LDGeneric applicationInfringement meritsPermanent injunctionDüsseldorf Local Division (5 August 2025) issued a default judgment (Versäumnisentscheidung) against Whale Technology (Shanghai) Co., Ltd. finding infringement of EP 3 912 243 B1 (cable protection guide for cleanroom applications) and ordering a permanent injunction, recall and withdrawal of infringing products, disclosure of financial information, and damages assessment. The defendant failed to appear. Costs awarded to igus GmbH; dispute value set at EUR 500,000.
2025-08-05ORD_33920/2025Dusseldorf LDGeneric OrderProceduralProcedural onlyDüsseldorf Local Division decided to proceed with both the infringement action and the counterclaim for revocation jointly (Art. 33(3)(a) UPCA) in Wonderland Nurserygoods Co., Ltd. v. Cybex GmbH et al. (EP 1 905 615). Both parties consented to the joint hearing. The early decision on the bifurcation issue was taken under R. 37.2 RoP for reasons of efficiency and to allow uniform interpretation of the patent.
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_APP_33353/2025Munich CDGeneric applicationProceduralProcedural onlyThe Central Division (Munich) ruled on UPM-Kymmene's Rule 36 RoP request to file further written pleadings in its revocation action against International N&H Denmark ApS regarding EP 2 611 800.
2025-08-04UPC_APP_35230/2025Dusseldorf LDApplication RoP262AProceduralProcedural onlyProcedural order granting an application for protection of confidential information (R. 262A RoP) concerning the patent EP 2 697 391 in infringement proceedings between 10x Genomics and Curio Bioscience. The court granted the confidentiality application subject to conditions, restricting access to specified cost items to a limited number of persons.
2025-08-04UPC_APP_32590/2025The Hague LDApplication RoP262AProceduralProcedural onlyThe Local Division The Hague issued a confidentiality order under R.262A RoP based on an agreement reached between Moderna entities and Arbutus Biopharma/Genevant, establishing a confidentiality club for technical information disclosed in infringement proceedings concerning mRNA vaccine patents.
2025-08-04UPC_APP_33935/2025Mannheim LDGeneric applicationProceduralProcedural onlyMannheim Local Division extended the time period for NUC Electronics Co., Ltd. to comment on a penalty payment request by Hurom Co., Ltd. by two weeks (until 20 August 2025) in enforcement proceedings concerning EP 2 028 981. The full extension of three weeks requested by NUC was rejected. Defendant's vacation-related and logistical reasons were insufficient to justify the full extension. The extension of the comment period does not affect the defendant's obligation to provide information in due time, nor the amount of any potential penalty.
2025-08-04UPC_APP_32667/2025The Hague LDAmend DocumentProceduralDismissedApplication to amend the statement of claim (to base claims on B2 version of patent instead of B1) was dismissed as devoid of purpose. The judge-rapporteur held that under Art. 68 EPC the B2 version of the patent retroactively replaced the B1 version from the date of grant, so the statement of claim already relied on the B2 version as a matter of law. The revised statement of claim (annexes TW04/TW05) was admitted into proceedings for reference.
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.
2025-08-01UPC_APP_33556/2025Munich LDApplication RoP262AProceduralProcedural onlyThe Munich Local Division partially granted MediaTek Germany GmbH's application for document production of licence agreements under R. 190 RoP in Huawei's infringement proceedings, classifying specified portions of the application relating to licence negotiations as confidential under R. 262A RoP.
2025-08-01UPC_APP_33556/2025Munich LDApplication RoP262AProceduralProcedural onlyMunich Local Division issued a confidentiality order under Rule 262A RoP and Rule 190 RoP in Huawei v MediaTek Germany infringement proceedings (EP 4 142 215). The order established a confidentiality club for license agreement documents sought in discovery, in accordance with the parties' agreed NDA. Access was restricted to named representatives and in-house counsel. Further confidentiality measures for oral hearing, judgment publication, and a separate production request were deferred.
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_APP_19218/2025Dusseldorf LDApplication RoP262AProceduralProcedural onlyOrder of the Düsseldorf Local Division on an application under Rule 262A RoP for confidentiality protection of technical details of the challenged embodiment submitted by the defendants WhiteWater West Industries Ltd., Endless Surf Ltd. and White Water Era GmbH in infringement proceedings against Surftown GmbH. The Court granted the confidentiality order for technical design details not publicly available, setting the restricted access circle under Rule 262A.6 RoP.
2025-08-01ACT_39091/2024Paris LDInfringement ActionInfringement meritsNot infringedDecision on the merits of the Paris Local Division dismissing all infringement claims by N.J DIFFUSION SARL (in collective insolvency proceedings, assisted by its judicial administrator) against GISELA MAYER GmbH for infringement of EP 2 404 516 (edge-to-edge ribbon design), both direct and by equivalence. The Court found that the patent's scope is limited to edge-to-edge placement as defined in the claims, and no infringement was established. N.J DIFFUSION must bear all costs (fixed at EUR 50,000 as a claim against the insolvency estate).
Page 9 of 36 · 1,785