UPClytics

Cases

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

DateCaseDivisionActionMotionOutcomeSummary
2025-07-09UPC_APP_22463/2025Mannheim LDGeneric applicationmotionName.jurisdictionalProcedural onlyOrder by the President of the Court of First Instance (Mannheim LD, UPC_CFI_292/2025, 9 July 2025) granting Disney entities' application to change the language of proceedings from German to English under Art. 49(5) UPCA and R. 323 RoP. All parties are non-German speaking; InterDigital (claimant) refrained from opposing in light of consistent prior orders in parallel proceedings between the same parties.
2025-07-08UPC_APP_31860/2025Milan LDGeneric applicationCostsProcedural onlyThe Milan Local Division issued a procedural order determining the value of the infringement action in the Progress Maschinen v. AWM/Schnell proceedings for the purpose of applying the scale of ceilings for recoverable costs under Rule 370.6 RoP.
2025-07-03UPC_APP_2945/2025Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division ordered the claimant (Headwater Research LLC) to provide security for costs in favour of Flextronics International Europe B.V. for both the infringement action and the counterclaim for revocation, holding that a defendant who must file a revocation counterclaim to assert invalidity is also entitled to seek security for the costs of that counterclaim.
2025-07-03UPC_APP_25615/2025Court of AppealApplication Rop 265ProceduralWithdrawnThe Court of Appeal permitted the withdrawal by Advanced Bionics AG of both its revocation action and the counterclaim for revocation against MED-EL, with both parties' consent, declared the proceedings closed, and ordered 60% reimbursement of court fees to each side.
2025-07-03UPC_APP_47877/2024Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division ordered the claimant (Headwater Research LLC) to provide security for costs in favour of the defendants (Motorola Mobility entities and Flextronics), ruling that a defendant in an infringement action who is formally a claimant in a revocation counterclaim may also request security for the costs of the counterclaim.
2025-07-03UPC_APP_25616/2025Court of AppealApplication Rop 265ProceduralWithdrawnThe Court of Appeal ruled on Advanced Bionics' withdrawal of two appeals, holding that separate court fees are required for appeals against revocation decisions and counterclaim for revocation decisions even when issued in a single document by the Court of First Instance.
2025-07-03UPC_APP_23563/2025Court of AppealApplication Rop 265ProceduralWithdrawnThe Court of Appeal allowed the withdrawal of an appeal by the anonymous appellant against the Brussels Local Division's decision dismissing infringement claims against OrthoApnea S.L. and Vivisol B BV concerning EP 2 331 036, ordered the appellant to bear OrthoApnea's appeal costs, and referred the quantum of costs to a separate costs procedure.
2025-07-03UPC_APP_2947/2025Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division ordered Flextronics International Europe B.V. (defendant in a Headwater Research infringement action concerning EP3110069) to provide security for costs covering both its role as defendant in the infringement action and as counterclaimant in the revocation counterclaim, following guidance from the UPC Court of Appeal.
2025-07-03UPC_APP_47247/2024Munich LDGeneric applicationCostsProcedural onlyThe Local Division Munich ordered Headwater Research to provide security for costs covering both the infringement action and the revocation counterclaim proceedings, holding that a defendant compelled to file a revocation counterclaim to preserve its invalidity defence may also obtain security for those counterclaim costs under Art. 69(4) UPCA and R.158.1 RoP.
2025-07-03UPC_APP_32024/2025Munich LDGeneric applicationProceduralDismissedMunich Local Division (3 July 2025) dismissed Lenovo's application for an extension of time, holding that the application lacked any legal interest because the UPC case management system's scheduled downtime was already automatically covered by R. 301.2 RoP's automatic extension provision.
2025-07-03UPC_APP_28457/2025Munich LDGeneric applicationmotionName.jurisdictionalProcedural onlyThe President of the Court of First Instance granted Renault's application to change the language of the proceedings from German to English (the language of the patent) in the Munich Local Division infringement proceedings concerning vehicular electronics. The court found that the balance of interests favoured English, as both parties were comparable in size and resources, English was the language of the relevant technology, and the change would not cause delays.
2025-07-03UPC_CoA — (related to Tandem Diabetes appeal)Court of AppealGeneric applicationProcedural onlyThe Court of Appeal ordered reimbursement of 60% of the appeal court fees paid by Tandem Diabetes Care Europe B.V. and Tandem Diabetes Care, Inc. following settlement of the appeal before closure of the written procedure, pursuant to Rule 370.9(c)(i) and Rule 370.11 RoP.
2025-07-02ORD_29159/2025Dusseldorf LDGeneric OrderProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order pursuant to Art. 33(3)(a) UPCA, deciding to retain both the infringement action and the counterclaim for revocation together, and requesting assignment of a technically qualified judge.
2025-07-02UPC_APP_31707/2025Mannheim LDGeneric applicationProceduralProcedural onlyThe Mannheim Local Division issued a procedural order in the Corning v Hisense/TCL/LG Electronics infringement action concerning EP3296274, granting a time limit extension for the defendants to file their statements of defence.
2025-07-02UPC_APP_28415/2025Munich LDGeneric applicationProceduralProcedural onlyProcedural order on a security-for-costs application by claimant SWARCO FUTURIT against intervener Shenzhen Dianming Technology Co., Ltd. The court addressed whether an admitted intervener is subject to security-for-costs obligations under R. 158 RoP. Intervener's primary request to reject the security application was considered; a separate ruling on the merits of the security application was issued.
2025-07-01ORD_31755/2025Court of AppealGeneric OrderProceduralProcedural onlyOrder from the Court of Appeal (UPC_CoA_542/2025 and UPC_CoA_526/2025) staying appeal proceedings concerning security for costs in full, following the insolvency of the Easee companies. Both Easee and Visibly had cross-appealed the Hamburg Local Division's order requiring EUR 75,000 security for the revocation action. The Court of Appeal stayed both appeals pursuant to R. 295m RoP due to insolvency proceedings regarding the Easee companies.
2025-06-30UPC_APP_29093/2025Dusseldorf LDGeneric applicationProceduralProcedural onlyProcedural order from Düsseldorf Local Division in infringement proceedings concerning EP 1 970 677. Claimants are F. Hoffmann-La Roche AG and Roche Diabetes Care GmbH; defendants include Tandem Diabetes Care entities, VitalAire GmbH, Dinno Santé, Air Liquide Healthcare Nederland, and Rubin Medical ApS. The order addresses a procedural matter (likely scheduling or written procedure), with no substantive ruling on infringement or validity.
2025-06-30UPC_APP_26306/2025Paris CDApplication RoP262.1 (b)ProceduralProcedural onlyThe Paris Central Division issued a procedural order on public access to the register under R.262.2(b) RoP in infringement proceedings concerning EP2661892 (Nokia v HP Printing). The court addressed whether written pleadings and evidence should be accessible to a third-party applicant (Bardehle Pagenberg) while balancing the integrity of pending proceedings.
2025-06-30UPC_APP_19984/2025Paris CDApplication RoP262.1 (b)ProceduralProcedural onlyParis Central Division procedural order on Acer's application for public access to written pleadings and evidence in revocation proceedings (HP Printing/Computing Solutions vs Nokia Technologies, EP 2 661 892). The court addressed the conditions under which third-party access to court documents may be excluded for reasons of integrity of other proceedings, and whether access once granted carries any confidentiality obligation. Leave to appeal granted.
2025-06-27UPC_APP_24524/2025Munich LDApplication Rop 333ProceduralProcedural onlyProcedural order from the Munich Local Division (UPC_CFI_148/2024 and UPC_CFI_503/2024) on Zentiva's application under R. 333 RoP for panel review of the judge-rapporteur's case management order of 8 May 2025 in Sanofi's infringement action concerning EP 2 493 466. The full panel reviewed how preliminary objections should be handled and the timetable for subsequent proceedings.
2025-06-27UPC_APP_28345/2025Mannheim LDGeneric applicationProceduralProcedural onlyMannheim Local Division order (judge-rapporteur Böttcher) in infringement proceedings by Irdeto B.V. against DJI entities (SZ DJI Technology, DJI Europe B.V., DJI GmbH) and Solectric GmbH concerning EP 2 831 787. DJI Europe, DJI GmbH, and Solectric requested harmonisation and extension of the statement of defence deadline to 15 September 2025; Irdeto objected. The order likely grants a harmonised extension, given the unresolved service on Defendant 1 (China) and the reasonable case management arguments. No substantive ruling.
2025-06-27UPC_APP_29553/2025Mannheim LDGeneric applicationProceduralProcedural onlyProcedural order by the Mannheim Local Division judge-rapporteur granting Palo Alto Networks (defendant) a two-week extension of the deadline for its rejoinder and related filings in patent infringement proceedings brought by Centripetal Ltd. The extension was justified by the exceptional circumstance that the defendant's key technical support employee was resident in Israel and could not safely return due to flight restrictions resulting from the outbreak of hostilities in the region.
2025-06-26UPC_APP_26135/2025Hamburg LDGeneric applicationProceduralProcedural onlyThe Hamburg Local Division granted a stay of proceedings under Rule 311 RoP following the bankruptcy of defendants Easee B.V. and Easee Holding B.V., suspended the security for costs obligation for all defendants during the stay, and held that the court's power to revoke the security order was suspended pending an appeal.
2025-06-26UPC_APP_28639/2025Court of AppealApplication Rop 223ProceduralProcedural onlyThe Court of Appeal (Panel 2: Kalden, Rombach, Simonsson) granted suspensive effect to the managing director's appeal and provisionally granted suspensive effect to the Easee companies' appeal pending clarification of their representation authority (following insolvency), against the Hamburg Local Division's order requiring Easee to provide security for legal costs of EUR 75,000 for the revocation counterclaim proceedings. The court found the managing director's arguments on the impermissibility of security for costs for defendants in revocation proceedings raised an obvious legal error.
2025-06-25ORD_17811/2025Milan CDDecision By DefaultDefault judgmentPermanent injunctionThe Milan Central Division issued a decision by default against Spiridonakis Bros GP (Greece) in favour of Maschio Gaspardo S.p.A. (Italy) concerning EP 1 998 604 (agricultural reversible subsoiler tools). The defendant failed to enter proceedings. The Court found that the 'Bellota tool' sold by Spiridonakis constituted infringement of claims 1, 2, 3, 5, 6, 9 and 10 of the patent. The Court issued a permanent injunction against further infringement in Italy, Germany, France, Romania and Bulgaria with a EUR 500 per-set penalty, ordered disclosure of distribution chain information (EUR 100/day penalty for non-compliance), and awarded EUR 25,000 for legal costs plus reimbursement of court fees. The Court applied the 'double territoriality' requirement of Art. 26 UPCA, finding that an offer and the act of putting into effect need not occur in the same Contracting Member State for bundle patents.
2025-06-23UPC_APP_22747/2025Court of AppealApplication Rop 365ProceduralSettledThe Court of Appeal confirmed the settlement agreement between Plant-e Knowledge B.V./Plant-e B.V. and Arkyne Technologies S.L. in both the infringement appeal and the counterclaim for revocation appeal, declared the proceedings closed, and ordered reimbursement of 60% of court fees to Arkyne.
2025-06-23ORD_29757/2025Dusseldorf LDGeneric OrderProceduralProcedural onlyProcedural order of Düsseldorf Local Division (23 June 2025) providing preliminary guidance on the claim feature breakdown for EP 2 892 442 in preparation for the oral hearing of 1 July 2025 in an infringement action brought by Aesculap AG against Shanghai International Holding Corporation GmbH.
2025-06-20UPC_APP_22313/2025Milan LDApplication Rop 333ProceduralProcedural onlyMilan Local Division panel dismissed Ericsson's application for review (Rule 333 RoP) of the judge-rapporteur's order refusing to impose an 'external eyes only' confidentiality regime for license agreements submitted as FRAND evidence. The panel held that Ericsson failed to substantiate the specific antitrust risk from allowing one Asustek employee access to the documents. Leave to appeal was granted to allow the Court of Appeal to set a standard on external-eyes-only confidentiality regimes in SEP/FRAND cases.
2025-06-19UPC_APP_8339/2025Court of AppealGeneric applicationmotionName.appeal_decisionProcedural onlyThe Court of Appeal set out general principles for rehearing applications under Art. 81(1)(b) UPCA, establishing that only fundamental procedural defects that would have led to a different outcome can justify rehearing, in proceedings where Alexion sought to reopen a dismissed provisional measures appeal against Amgen concerning EP 3 167 888.
2025-06-19UPC_APP_25965/2025Court of AppealApplication Rop 360ProceduralSettledProcedural order by the Court of Appeal (UPC_CoA_170/2025, 18 June 2025) closing the appeal proceedings following an out-of-court settlement between ILME and PHOENIX CONTACT. The parties had settled before the CoA issued a substantive decision on ILME's appeal against dismissal of its preliminary objection. The main infringement action at first instance had already been withdrawn. No costs were claimed by either party.
2025-06-19UPC_APP_8340/2025Court of AppealGeneric applicationmotionName.appeal_decisionDismissedCourt of Appeal Panel 2 rejected Alexion Pharmaceuticals' application for rehearing (R. 245 RoP) of the earlier Court of Appeal order dismissing Alexion's appeal against the Hamburg Local Division's denial of provisional measures. Alexion had alleged fundamental procedural defects (new claim interpretation standard applied without being heard, and incorrect facts). The Court held that no fundamental procedural defect within the meaning of Art. 81(1)(b) UPCA / R. 247(c) RoP was established. Alexion ordered to bear Samsung's costs of the rehearing proceedings.
2025-06-18UPC_APP_28226/2025Dusseldorf LDApplication RoP262AProceduralProcedural onlyProcedural order from the Düsseldorf Local Division (UPC_CFI_504/2023) on Roche's application for confidentiality protection under R. 262A RoP in proceedings against Tandem Diabetes Care and others concerning EP 1 970 677. The order addressed composition of the confidential club and access rights for multiple defendants and their representatives.
2025-06-18UPC_APP_22462/2025Dusseldorf LDGeneric applicationmotionName.jurisdictionalProcedural onlyPresident of the UPC Court of First Instance granted The Walt Disney Company (Benelux) B.V.'s application to change the language of proceedings to English (the patent grant language) in proceedings before the Düsseldorf Local Division, applying the same reasoning as in two prior orders of April/May 2025 in related cases. The order was not conditional on specific translation arrangements.
2025-06-17UPC_APP_27069/2025Court of AppealGeneric applicationProceduralProcedural onlyThe Court of Appeal declared inadmissible Knaus Tabbert AG's 'Gegenvorstellung' (objection to the rejection of its stay application under R. 223 RoP), holding that a mere challenge to the reasoning of the appellate order denying a suspensive effect does not constitute an admissible procedural remedy, and that new facts about third parties' financial situation that could have been raised at first instance are not admissible.
2025-06-17UPC_APP_27069/2025Court of AppealGeneric applicationProceduralDismissedThe Court of Appeal (Panel 2) declared inadmissible Knaus Tabbert AG's 'Gegenvorstellung' (objection) filed against the Court of Appeal's earlier rejection of Knaus Tabbert's application for suspensive effect (R.223 RoP). The Court held that an objection which merely challenges the Court of Appeal's legal opinion expressed in the order rejecting a suspensive effect application is inadmissible. The infringement action by Yellow Sphere Innovations GmbH and Erwin Härtwich regarding EP 3 356 109 (vehicle frame with foam resin structural part) continues.
2025-06-16UPC_APP_28386/2025Munich LDGeneric applicationProceduralProcedural onlyMunich Local Division (16 June 2025) stayed the infringement and revocation proceedings concerning EP 3 742 231 by consent of all parties (R. 295(d) RoP) until three months after the next EPO Board of Appeal oral hearing in T0187/24, to allow settlement negotiations. The oral hearing scheduled for 7 October 2025 was cancelled.
2025-06-13UPC_APP_25818/2025Munich CDGeneric applicationProceduralProcedural onlyMunich Central Division (13 June 2025) admitted late-filed pleadings (including new added matter arguments and a Swedish Patent Office consulting report) submitted by TCL in the revocation action against Corning's EP 3 296 274, following a party agreement, and extended the deadline for Corning's Defence to Revocation by two weeks.
2025-06-12UPC_APP_27016/2025The Hague LDApplication Rop 333ProceduralProcedural onlyThe Hague Local Division issued a procedural order on a R. 333 RoP application by various Moderna entities (defendants) regarding service and deadlines for filing the Statement of Defence in infringement proceedings brought by Arbutus Biopharma and Genevant Sciences. The court denied requests to stay service or extend deadlines for individual defendants not yet formally served, while setting a single consolidated deadline for all Moderna group defendants to file one joint Statement of Defence.
2025-06-09ORD_27305/2025Paris CDGeneric OrderProceduralProcedural onlyOrder of the Central Division (Paris Seat) on an application by Meissner Bolte law firm for access to written pleadings and evidence filed in revocation proceedings (ACT_571669/2023) between NJOY Netherlands B.V. and Juul Labs International, Inc. concerning EP 3 498 115. The Court granted the access request under Rule 262.1(b) RoP, finding that once first-instance proceedings have ended, the general public interest in understanding the decision outweighs confidentiality concerns.
2025-06-06UPC_APP_20490/2025Mannheim LDAmend DocumentProceduralProcedural onlyThe Local Division Mannheim granted Sunstar Engineering Europe leave under R.263 RoP to amend its damages claim to include profits from consumables (sealing material) and service/maintenance contracts related to allegedly infringing CeraFLOW dispensing machines, finding this a clarifying rather than substantively new claim.
2025-06-06UPC_APP_22065/2025Mannheim LDAmend DocumentProceduralProcedural onlyMannheim Local Division procedural order granting CeraCon GmbH's application under R. 263 RoP to amend its counterclaim for revocation by introducing a new novelty attack based on prior art document EP 3 868 480 (WO 2021/131055, a PCT/JP2019/051559 family member) against Sunstar Engineering's patent EP 4 108 413. The court found the amendment admissible: CeraCon could not reasonably have discovered the document earlier (only found via a search commissioned in late March 2025), and the amendment does not unduly prejudice Sunstar. The oral hearing remains scheduled for 10 February 2026.
2025-06-06UPC_APP_23407/2025Court of AppealApplication Rop 223ProceduralProcedural onlyProcedural order from the Court of Appeal (UPC_CoA_434/2025) denying NUC Electronics' application for suspensive effect of its appeal against the Mannheim Local Division's infringement judgment (UPC_CFI_162/2024) concerning EP 2 028 981 in favour of Hurom. NUC was required to disclose information about its customers and distribution channels; it argued for suspension pending appeal. The Court held that information disclosure orders should only be suspended in exceptional circumstances, and NUC had not shown its appeal would become devoid of purpose without suspensive effect.
2025-06-05UPC_APP_24411/2025Court of AppealApplication Rop 365ProceduralSettledThe Court of Appeal confirmed a settlement agreement between Tandem Diabetes and Roche Diabetes, terminating the appeal proceedings. The settlement arose after the Central Division Paris had dismissed the revocation action and maintained EP 2 196 231 as granted.
2025-06-05UPC_APP_25858/2025Munich LDApplication Rop 265ProceduralSettledThe Munich Local Division permitted Phoenix Contact GmbH & Co. KG's withdrawal of its patent infringement action against ILME entities concerning EP3602692 following a settlement, allowed cancellation of the scheduled oral hearing, and ordered 40% reimbursement of court fees under R.307.9 VerfO as the withdrawal occurred after closure of the written procedure.
2025-06-05UPC_APP_25959/2025Munich LDApplication Rop 265ProceduralWithdrawnThe Munich Local Division issued a decision in a case where both the infringement action (by PHOENIX CONTACT against ILME) and the counterclaim for revocation (by ILME) were withdrawn before the close of the intermediate procedure. The court ordered a 40% refund of court fees for each party (claimant and defendants) and set the value of the infringement action at EUR 750,000 and the counterclaim for revocation at EUR 1,125,000 (150% of infringement value).
2025-06-05UPC_APP_25415/2025Milan CDApplication RoP262AProceduralProcedural onlyMilan Central Division confidentiality order (R. 262A RoP) in Insulet Corporation v. EOFLOW Co., Ltd. costs proceedings (EP 4 201 327). Insulet requested confidentiality for attorney fees and expenses in connection with its PI application. The court held that legal costs and attorney fees are not generally confidential, but may qualify for protection under R. 262A if they specifically reveal the company's financial capacity, commercial strategy, or the importance it attaches to the patent. The exhibits were partially classified as confidential on that basis.
2025-06-05UPC_APP_25532/2025Mannheim LDGeneric applicationProceduralProcedural onlyMannheim Local Division dismissed defendants Samsung's requests to exclude claimant Fingon's reply submissions as an impermissible amendment of the case, and to extend the rejoinder deadline. The court held that Fingon's reference to additional Samsung Galaxy S25 devices and further Trusted Applications (TAs) did not constitute a case amendment under Rule 263 RoP as they were further illustrations of the same attacked functionality (Samsung Knox/TEE/TrustZone platform). The decision on whether to exclude the submissions was deferred to the panel after the oral hearing.
2025-06-05UPC_CFI_477/2025Milan CDApplication RoP262AProcedural onlyProcedural order on Insulet Corporation's application for confidentiality (Rule 262A RoP) covering attorneys' fees and expenses in the costs proceedings relating to the preliminary injunction against EOFLOW. The court held that costs of litigation and patent protection may in principle be subject to confidentiality if they reveal the importance a company attaches to its patents and its litigation risk appetite. The order directed proper filing of exhibits in both redacted and unredacted versions.
2025-06-04UPC_APP_18828/2025Dusseldorf LDGeneric applicationProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order on 10x Genomics' application to amend the confidentiality club in infringement proceedings against Curio Bioscience, granting deletion of named paralegals from the club but denying the blanket inclusion of any unnamed paralegal.
2025-06-04UPC_APP_25212/2025The Hague LDGeneric applicationProceduralProcedural onlyThe Hague Local Division issued a rectification order under R.353 RoP correcting clerical errors in a prior procedural order regarding the dates of service on Moderna Germany, Belgium, and Poland, thereby rendering Moderna's preliminary objections admissible for all defendants in infringement actions concerning EP2279254 and EP4241767.
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