UPClytics

Cases

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

DateCaseDivisionActionMotionOutcomeSummary
2025-01-20UPC_APP_283/2025Court of AppealGeneric applicationCostsCosts onlyCourt of Appeal (Second Panel) ruled on SharkNinja's application for a stay of cost assessment proceedings and/or extension of time. The Court held that the one-month period for lodging an application for a cost decision (R. 151.1 RoP) begins with service of the decision on the merits, not with service of the provisional measures order. The cost assessment was not stayed pending the merits proceedings.
2025-01-20UPC_APP_67911/2024Paris LDGeneric applicationProceduralDismissedParis Local Division dismissed NJ Diffusion SARL's application for an in-person interim conference to physically examine two wigs (exhibit items) with strong lighting and photography. The court held the measure unnecessary because enlarged photographs of the wigs were already contained in the claimant's reply brief. Defendant's inadmissibility argument (wrong procedural basis) was rejected, but the substantive request failed for lack of necessity.
2025-01-20ORD_3182/2025Court of AppealGeneric OrderProceduralProcedural onlyThe Court of Appeal issued a procedural order in the Amazon v Nokia proceedings (UPC_CoA_835/2024) on Amazon's application under R. 262.2 RoP for confidential treatment of parts of its appeal pleadings. The appeal relates to Amazon's challenge to an order of the Munich Local Division that denied disclosure of unredacted documents and information. The order governs which information in the appeal and statement of grounds may be designated confidential and restricted from public access.
2025-01-20ORD_3182/2025Court of AppealGeneric OrderProceduralProcedural onlyCourt of Appeal procedural order on Amazon's application under R. 262.2 RoP, ordering confidentiality classification of information (including licence agreement contents, RAND negotiation details, and business model information) contained in Amazon's appeal in the Nokia v. Amazon proceedings concerning EP 2 661 892.
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_APP_68644/2024Court of AppealApplication RoP262AProceduralProcedural onlyCourt of Appeal granted Amazon's application under R. 262A RoP, ordering restricted access to confidential information (identity of licensees and content of Nokia's licence agreements) contained in Amazon's appeal and Statement of Grounds of Appeal in the Nokia v. Amazon proceedings concerning EP 2 661 892.
2025-01-17UPC_APP_907/2025Munich LDApplication Rop305ProceduralProcedural onlyThe Munich Local Division issued a procedural order in multiple related infringement actions by Sanofi against various generic manufacturers (Accord, STADA, Dr. Reddy's, Zentiva) concerning EP 2 493 466. The order addressed the substitution of Sanofi Mature IP by Sanofi SA as new patent proprietor following Sanofi Mature IP's dissolution, and the consequential procedural steps under R. 310 RoP.
2025-01-17UPC_APP_2273/2025Munich LDApplication Rop 265ProceduralSettledDecision from the Munich Local Division (UPC_CFI_498/2023) declaring the infringement action by NEC against TCL entities closed following a contractual settlement reached before closure of the written proceedings. NEC withdrew the infringement action (R. 265 RoP) and requested 60% reimbursement of court fees, relying on the settlement. The Court confirmed each party would bear its own costs and addressed the fee reimbursement request.
2025-01-16UPC_APP_64836/2024Paris CDGeneric applicationProceduralProcedural onlyThe Hamburg Local Division issued a procedural order addressing the claimant Daedalus Prime's request to refer a counterclaim for revocation to the Paris Central Division while the infringement action remains at Hamburg, in the context of parallel revocation proceedings.
2025-01-16UPC_APP_66712/2024Hamburg LDApplication Rop 265ProceduralProcedural onlyHamburg Local Division judge-rapporteur allowed Tesla Germany GmbH and Tesla Manufacturing Brandenburg SE to withdraw their cost assessment application (Rule 156 RoP) in proceedings UPC_CFI_54/2023, where the main action and counterclaim had been withdrawn at appeal level following an out-of-court settlement. The court held that while the Court of Appeal has jurisdiction over the withdrawal of the main proceedings (pending on appeal), the first-instance cost assessment procedure remained before the first-instance judge-rapporteur under Rule 156.2 RoP, who alone could allow its withdrawal under Rule 265 RoP.
2025-01-16UPC_APP_1182/2025Court of AppealApplication Rop 223ProceduralProcedural onlyThe Court of Appeal (judge-rapporteur Emmanuel Gougé) rejected Bhagat Textile Engineers' application for suspensive effect (R. 223 RoP) of the Milan Local Division's infringement judgment of 4 November 2024 concerning EP 2 145 848. The Milan LD had found Bhagat liable for infringement, issued an injunction for Italy and Germany, imposed a penalty payment of EUR 12,000, and ordered provisional damages of EUR 15,000. Bhagat failed to demonstrate exceptional circumstances justifying suspensive effect, having only vaguely claimed parallel invalidity proceedings and 'considerable doubts' about validity without substantiation.
2025-01-16UPC_APP_1182/2025Court of AppealApplication Rop 223ProceduralProcedural onlyItalian-language version of the Court of Appeal order (judge-rapporteur Emmanuel Gougé) rejecting Bhagat Textile Engineers' application for suspensive effect of the Milan Local Division's infringement judgment of 4 November 2024 (EP 2 145 848). Identical substance to the English version: Bhagat failed to demonstrate exceptional circumstances justifying suspensive effect.
2025-01-15UPC_APP_68614/2024Court of AppealGeneric applicationProceduralWithdrawnThe Court of Appeal allowed Avago's withdrawal of its infringement appeal and Tesla's withdrawal of the counterclaims for revocation following a settlement, ordered 60% reimbursement of court fees, and declared all three appeal proceedings closed.
2025-01-15UPC_APP_66724/2024Court of AppealApplication Rop 265ProceduralWithdrawnDecision of the Court of Appeal (Panel 1) permitting withdrawal of Avago's appeal and counterclaim for revocation against a Hamburg Local Division decision in which the infringement action had been dismissed and the patent partially revoked. The Court of Appeal granted leave for withdrawal under Rule 265 RoP in appeal proceedings, holding that withdrawal is possible until the final decision becomes legally binding. As a consequence of the withdrawal of the revocation counterclaim, the pending requests to amend the patent became moot. The court also addressed reimbursement of court fees following the withdrawal.
2025-01-15UPC_APP_1176/2025Milan LDGeneric applicationProceduralProcedural onlyMilan Local Division granted Alpinestars S.p.A.'s request to extend the deadline for filing its Statement of Defence and counterclaim for revocation from 20 January 2025 to 20 February 2025, to allow the outcome of EPO appeal proceedings concerning EP 3 498 117 (oral hearing on 13 February 2025) to be incorporated. The court held that extending time limits, rather than staying proceedings, best balances procedural efficiency and the right to be heard in light of concurrent EPO appeal proceedings.
2025-01-14UPC_APP_67325/2024Paris CDApplication Rop 265ProceduralWithdrawnThe Paris Central Division permitted Bentley Motors Limited to withdraw its revocation action (ACT_19132/2024) against Network Systems Technologies LLC concerning EP 1 552 399. The respondent confirmed consent to the withdrawal and no cost application was filed by either party. The proceedings were deemed closed and all prior orders of no effect.
2025-01-13UPC_APP_223/2025UnknownPreliminary injunctionWithdrawnThe Munich Local Division allowed Avago Technologies' withdrawal of its application for provisional measures against Realtek Semiconductor. The ex parte order had not yet been served, and the proceedings were declared closed.
2025-01-13UPC_APP_1210/2025UnknownPreliminary injunctionSettledThe Munich Local Division issued a procedural order recording the settlement between the parties and permitting the withdrawal of Huawei's application for provisional measures against Netgear entities. The parties had reached an out-of-court settlement, agreed on costs (no court cost decision sought), and requested release of the EUR 3,000,000 security previously deposited.
2025-01-13UPC_APP_68553/2024Court of AppealApplication Rop 265ProceduralWithdrawnThe Court of Appeal permitted Valeo Electrification's withdrawal of its provisional measures appeal action (and the underlying main proceedings before the first instance) following the parties' agreement. The appeal proceedings concerned a preliminary injunction granted by the Düsseldorf Local Division on 31 October 2024 against Magna PT for infringement of EP 3 320 602 in Germany and France. The parties agreed no cost decision was needed.
2025-01-13UPC_APP_68579/2024Court of AppealApplication Rop 265ProceduralWithdrawnCourt of Appeal order allowing withdrawal of Valeo's appeal in provisional measures proceedings concerning an electrification patent, following withdrawal by Valeo under R. 265 RoP. Valeo had obtained a preliminary injunction against Magna at first instance (Düsseldorf LD) which was then appealed by Magna. The Court of Appeal had previously suspended the injunction. Valeo then withdrew its appeal. The Court allowed the withdrawal and closed the proceedings.
2025-01-10UPC_APP_1411/2025Munich LDApplication Rop 265ProceduralWithdrawnThe Munich Local Division allowed Netgear's withdrawal of its declaration of non-infringement action (ACT_16294/2024) following agreement by the parties, declared the proceedings closed, ordered each party to bear its own costs, and directed reimbursement of 40% of Netgear's court fees.
2025-01-10UPC_APP_68581/2024Dusseldorf LDApplication Rop 265ProceduralWithdrawnThe Düsseldorf Local Division allowed Valeo Electrification's withdrawal of the infringement action and the defendants' withdrawal of the counterclaim for revocation, with both parties agreeing not to seek cost reimbursement.
2025-01-10UPC_APP_1208/2025Munich LDApplication Rop 265ProceduralWithdrawnThe Local Division Munich allowed the mutual withdrawal of Huawei's infringement action and Netgear's revocation counterclaims concerning EP 3 611 989 by consent of both parties, following a first-instance decision that had been issued but was not yet final; each party bears its own costs and court fees are not refunded.
2025-01-10UPC_APP_68359/2024Munich LDApplication Rop 265ProceduralWithdrawnDecision of the Munich Local Division permitting withdrawal of the infringement action by Dexcom Inc. against Abbott Laboratories and multiple Abbott entities, and withdrawal of the counterclaim for revocation and patent amendment application by the defendants. All parties mutually consented to withdrawal prior to the final decision date. Each party bears its own costs.
2025-01-10UPC_APP_3187/2024Munich LDInfringement ActionProceduralCosts onlyThe Munich Local Division ruled on the costs assessment in the Edwards v Meril preliminary injunction proceedings, holding that recoverable costs and disbursements assessed in a costs determination are not subject to interest.
2025-01-09ORD_1358/2025Munich LDDecision By DefaultDefault judgmentPermanent injunctionDecision by default of the Munich Local Division against Guangzhou Aiyun Yanwu Technology Co., Ltd. (a Chinese company that failed to appear), granting air up group GmbH an injunction to cease and desist from offering, placing on the market, using, importing or storing a drinking device infringing EP 3 655 341 (claims 1, 2, 4, 10) throughout all UPC Member States. The defendant is also ordered to pay a penalty of up to EUR 100,000 per day for each infringement and costs of proceedings.
2025-01-09UPC_APP_68623/2024Court of AppealGeneric applicationProceduralProcedural onlyOrder by the Court of Appeal (UPC_CoA_769/2024, 9 January 2025) confirming that Menarini benefited from an automatic extension of the deadline for lodging its statement of response under R. 301.2 RoP because a CMS technical malfunction prevented filing around the 27 December 2024 deadline. The extension runs until the end of the first working day after the system became accessible again.
2025-01-09UPC_CFI_509/2023Munich LDDecision By DefaultInfringedDecision by default of Munich Local Division in air up group GmbH v Guangzhou Aiyun Yanwu Technology Co. Ltd. concerning EP 3 897 305 (drinking device with aroma). The defendant (Chinese company) failed to enter an appearance. The court found infringement and ordered: (A) cease and desist from offering, placing on the market, using, importing or storing the infringing drinking devices and aroma containers across all 17 UPC member states; (B) rendering of accounts; (C) damages; (D) recall, removal and destruction of infringing products; and penalty payments for non-compliance.
2025-01-08UPC_APP_67902/2024Court of AppealApplication Rop313ProceduralProcedural onlyThe Court of Appeal allowed MediaTek Inc.'s application to intervene as a party in the appeal proceedings (Daedalus Prime LLC v. Xiaomi) concerning an order restricting access to confidential information, and instructed MediaTek and Xiaomi to coordinate their submissions for the oral hearing.
2025-01-07UPC_APP_66720/2024Munich LDApplication Rop 265ProceduralWithdrawnThe Munich Local Division granted Tesla's application to withdraw its counterclaim for revocation in the infringement proceedings brought by Avago Technologies, as both parties consented and no cost decision was requested; the revocation proceedings are formally terminated.
2025-01-07UPC_APP_66758/2024Munich LDApplication Rop 265ProceduralWithdrawnThe Munich Local Division allowed Avago Technologies International Sales' withdrawal of its infringement action against Tesla Germany GmbH and Tesla Manufacturing Brandenburg SE. Each party bears its own costs.
2025-01-07UPC_APP_54972/2024Munich LDApplication Rop305ProceduralProcedural onlyThe Munich Local Division judge-rapporteur issued a procedural order in the Sanofi pharmaceutical infringement actions (UPC_CFI_145-148/2024) granting the substitution of Sanofi-Aventis France by Sanofi Winthrop Industrie as a party following a corporate merger, under R. 310 RoP. The order addressed the allocation of court fees and costs between multiple claimant entities in relation to the French territory claims.
2025-01-07UPC_APP_67755/2024Dusseldorf LDApplication Rop 265ProceduralWithdrawnDüsseldorf Local Division decision allowing the withdrawal of DexCom's infringement action (including application to amend the patent) and Abbott's counterclaim for revocation by mutual consent (R. 265 RoP). Following an out-of-court settlement, DexCom agreed to withdraw the infringement action and Abbott agreed to withdraw the revocation counterclaim. Neither party requested a costs decision. The oral hearing scheduled for 8 May 2025 was cancelled. Court fees reimbursed: DexCom receives 60% of infringement action fees (EUR 22,200), Abbott receives 60% of revocation counterclaim fees (EUR 12,000).
2025-01-07UPC_APP_159/2025Munich LDGeneric applicationProceduralProcedural onlyMunich Local Division procedural order staying both the infringement action (ACT_35930/2024) by Dyson against SharkNinja and the revocation counterclaim (CC_54802/2024) under R. 295(d) RoP, at the joint request of both parties who had agreed to a stay. Hearings scheduled for 8 May 2025 and 3 June 2025 were cancelled.
2025-01-03UPC_APP_61570/2024Munich CDApplication RoP262.1 (b)ProceduralProcedural onlyThe Munich Central Division granted Berggren Oy's application under Rule 262.1(b) RoP for access to all written pleadings and evidence filed in the NanoString v. Harvard revocation action, given Berggren's professional interest as a UPC representative firm.
2025-01-02ORD_48265/2024Munich LDGeneric OrderProceduralProcedural onlyThe Munich Local Division ordered that the infringement action and the counterclaim for revocation (CC_20512/2024) be heard together before the Munich Local Division, and set dates for an interim conference and oral hearing.
2024-12-30UPC_APP_62431/2024Hamburg LDGeneric applicationProceduralProcedural onlyThe Hamburg Local Division issued a procedural order in Nera Innovations v Xiaomi infringement proceedings concerning EP2642632, ruling that it is not ordinarily appropriate for the judge-rapporteur to make a preliminary ruling by the full panel under R.334(h) RoP on the admissibility of patent amendment-based case amendments, as such decisions should be reserved for oral hearings.
2024-12-30UPC_APP_58035/2024Milan LDGeneric applicationCostsDismissedMilan Local Division dismissed Insulet Corporation's application for a cost decision following the rejection of EOFLOW Co. Ltd.'s intervention request in PI proceedings (EP 4 201 327). The court found the application inadmissible: a cost decision under R. 150 RoP requires a prior decision on costs in principle under R. 118.5 RoP. The order rejecting the intervention (1 October 2024) contained no such costs-in-principle decision, so the cost-determination application lacked the prerequisite under R. 156(e) RoP. Insulet was invited to resubmit once a costs award decision was obtained.
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_41418/2024Dusseldorf LDGeneric applicationProceduralProcedural onlyThe Düsseldorf Local Division addressed Google's request for security for legal costs in the Ona Patents v. Google patent infringement action, examining whether the claimant's financial position gives rise to a legitimate concern that a cost order may not be recoverable.
2024-12-27UPC_APP_41756/2024Dusseldorf LDGeneric applicationProceduralProcedural onlyThe Düsseldorf Local Division considered Apple's request for security for legal costs against claimant Ona Patents SL (an NPE with minimal share capital), addressing the claimant's financial capacity to bear costs if the action is dismissed.
2024-12-27ORD_68137/2024Court of AppealGeneric OrderProceduralProcedural onlyThe Court of Appeal decided on Syngenta's request to file a German-language exhibit without translation in the appeal proceedings, applying Rule 7 and Rule 13.1(q) RoP to the statement of response filed at appeal stage.
2024-12-27UPC_APP_47098/2024Munich LDGeneric applicationProceduralProcedural onlyProcedural order in a declaration of non-infringement action granting Netgear's application to transfer a Qualcomm licence agreement (exhibit K68) from a related infringement case file into the present proceedings, subject to existing confidentiality conditions. The court also approved adding a technically qualified judge (Patrice Vidon) to both related proceedings for procedural economy.
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.
2024-12-24UPC_APP_67908/2024Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division granted Snowpixie Co., Ltd.'s request for a two-day extension of time for filing the reply and counterclaim defence in infringement proceedings against Golf Tech Golfartikel Vertriebs GmbH, due to the illness of the sole handling attorney.
2024-12-24UPC_APP_67725/2024Munich LDApplication Rop 265ProceduralSettledThe Munich Local Division permitted the withdrawal of three infringement actions and related revocation counterclaims between Panasonic Holdings Corporation and multiple Xiaomi entities concerning EP2197132, EP3024163, and EP2584854 following a settlement, ordering 40% reimbursement of court fees as the withdrawals occurred after closure of the written procedure.
2024-12-24UPC_APP_67921/2024Munich LDGeneric applicationProceduralProcedural onlyProcedural order by Munich Local Division in Snowpixie v Golf Tech granting a very short extension of deadlines for submission of the reply brief and defence to counterclaim until 27 December 2024, due to illness of the representative, after an initial partial extension had already been granted.
2024-12-23UPC_APP_66647/2024Munich LDApplication Rop 265ProceduralWithdrawnMunich Local Division (23 December 2024) allowed Tesla's withdrawal of its costs assessment application following the CFI's revocation of EP 1 838 002, the parallel withdrawal of Avago's main infringement action (on appeal), and party agreement that each side bears its own costs.
2024-12-23UPC_APP_67435/2024Munich LDApplication Rop 265ProceduralSettledMunich Local Division (23 December 2024) allowed withdrawal of all three infringement actions and counterclaims for revocation brought by Panasonic against OPPO following a settlement agreement between the parties. Each party bears its own costs; partial reimbursement of court fees (40%) granted under R. 370.9(b)(ii) RoP.
2024-12-23UPC_APP_59980/2024Dusseldorf LDGeneric applicationProceduralProcedural onlyProcedural order from the Düsseldorf Local Division (UPC_CFI_336/2024 and UPC_CFI_607/2024) issued on 23 December 2024, concerning confidentiality protection under R. 262A RoP in infringement proceedings by Maxeon Solar against multiple Aiko Energy entities and distributors. The order addressed disclosure restrictions for confidential information related to EP 3 065 184.
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