UPClytics

Cases

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

DateCaseDivisionActionMotionOutcomeSummary
2023-12-20UPC_CFI_292/2023Munich LDApplication for provisional measuresPreliminary injunctionPI deniedThe Munich Local Division dismissed SES-imagotag's application for provisional measures against Hanshow Technology and related entities concerning electronic shelf label technology, finding that infringement of EP3883277 had not been established with sufficient certainty. The court also ordered SES-imagotag to bear the costs including those of the protective letter filed by the respondents.
2023-12-19UPC_CFI_249/2023Munich LDApplication for provisional measuresProceduralCosts onlyThe Munich Local Division issued a costs order following the discontinuation of provisional measures proceedings after the respondents (Meril) provided an undertaking to cease the contested acts. The court found the proceedings had become moot, declared the PI application resolved, and ordered the respondents to bear the applicant's costs up to a ceiling of EUR 200,000, holding that respondents had unnecessarily caused those costs.
2023-12-11UPC_CFI_9/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division dismissed Netgear's Rule 333 RoP request to have the full panel review the judge-rapporteur's decision to deal with the preliminary objection in the main proceedings, holding that a Rule 20.2 notification cannot be appealed or subject to panel review, and that inadmissible Rule 333 requests are decided by the rapporteur alone.
2023-12-11UPC_CFI_9/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division granted Huawei's application under Rule 263 RoP to amend its infringement claim to add EP 3 678 321 as an additional patent in suit alongside EP 3 611 989, having originally sued only on the latter patent; the court addressed the admissibility of claim amendment after conclusion of a limitation procedure.
2023-12-11UPC_CFI_9/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a provisional order under Rule 302.1 RoP considering possible severance of the newly added EP 3 678 321 claims from the main case following the grant of the claim amendment, inviting submissions from parties on whether the new patent should be heard separately.
2023-12-05UPC_CFI_2/2023Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division imposed a penalty payment of EUR 100,000 on NanoString Technologies entities for non-compliance with a preliminary injunction under Article 62 UPCA, clarifying that no separate enforcement order is required under Article 82(4) UPCA and that national enforcement law requirements do not apply.
2023-12-04UPC_CFI_220/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a further order in the consolidated Panasonic v. Xiaomi cases (UPC_CFI_213, 220, 224), granting deadline extensions for defendant groups and addressing service on foreign defendants including those domiciled in China and Hong Kong.
2023-11-27UPC_CFI_220/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a provisional order in three consolidated infringement cases (UPC_CFI_213, 220, 224) by Panasonic against ten Xiaomi entities, granting deadline extensions for defendants 3-6, 9-10 to file their defence and addressing service questions concerning Xiaomi entities domiciled in China and Hong Kong.
2023-11-03UPC_CFI_14/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued an order regarding a change of language of proceedings from German to English in the infringement action by Amgen against Sanofi and Regeneron entities concerning EP 3 666 797.
2023-10-26UPC_CFI_357/2023Munich LDApplication for provisional measuresPreliminary injunctionWithdrawnThe Munich Local Division accepted the withdrawal of the application for provisional measures (anti-anti-suit injunction) filed on 5 October 2023 by 10x Genomics and Harvard College, and declared the proceedings terminated; court fees were to be borne by the applicants.
2023-10-06UPC_CFI_357/2023Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division issued a provisional order in an application for provisional measures, serving a written procedure on NanoString Technologies Inc. in connection with a request by 10x Genomics and Harvard College for an anti-anti-suit/enforcement injunction (AASI/AAEI) to prevent NanoString from seeking a US anti-suit injunction against UPC proceedings.
2023-10-03UPC_CFI_9/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a procedural order clarifying obligations to use CMS official workflows, including the Rule 262.2 workflow for confidentiality protection from third parties and the Rule 262A workflow for confidentiality between parties, in an infringement action by Huawei against Netgear.
2023-09-29UPC_CFI_15/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a procedural order setting out requirements for using official CMS forms and workflows, and clarifying that a security for costs application under Rule 158.1 RoP requires demonstration that the opposing party's financial circumstances give reason to fear a cost order cannot be enforced.
2023-09-19UPC_CFI_2/2023Munich LDApplication for provisional measuresPreliminary injunctionPI grantedThe Munich Local Division granted provisional measures to 10x Genomics and President and Fellows of Harvard College against NanoString Technologies (EP 4 108 782 — spatial genomics), prohibiting NanoString from offering, selling or delivering MERSCOPE decoder probes, with penalty of up to EUR 250,000 per violation; the amount in dispute was set at EUR 7 million.
2023-09-19UPC_CFI_2/2023Munich LDApplication for provisional measuresPreliminary injunctionPI grantedThis is the German-language version of the same Munich Local Division provisional measures decision of 19 September 2023 (EP 4 108 782), granting provisional measures to 10x Genomics/Harvard College against NanoString Technologies with substantially identical operative provisions.
2023-08-29UPC_CFI_14/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division addressed pleading deadlines in Amgen v. Sanofi/Regeneron, ruling that a claim can be validly filed and served without exhibits (with later filing announced), and that the hearing right for late exhibits can be safeguarded by adjusting the timetable.
2023-08-28UPC_CFI_249/2023Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division scheduled an oral hearing for 10 October 2023 in provisional measures proceedings by Edwards Lifesciences against Meril GmbH (EP 3 763 331), setting timelines for responses to objections and arranging simultaneous interpretation.
2023-08-25UPC_CFI_52/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a preliminary order clarifying that postal handover for service purposes occurs approximately two days after the document is handed to the court's postal channel, addressing a preliminary objection deadline in Avago v. Tesla.
2023-08-23UPC_CFI_15/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division addressed Meril GmbH's request to align deadline for filing the preliminary objection with the deadline running for co-defendant Meril Life Sciences, granting a moderate extension while noting that alignment can also be achieved by shortening later deadlines.
2023-08-17UPC_CFI_14/2023Munich LDGeneric OrderProceduralProcedural onlyThe Munich Local Division issued a further case management order establishing that different procedural requests must be lodged in separate workflows for clarity, and addressed the parties' multiple procedural motions concerning deadlines, service dates, and consolidation with the revocation action.
2023-08-17UPC_CFI_14/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a procedural order requiring different applications to be submitted through separate CMS workflows, and addressed the question of whether the counterclaim for revocation should be joined with the infringement action.
2023-08-16UPC_CFI_14/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a case management order addressing the parties' requests regarding service dates, deadline alignment for Regeneron, and the proposed consolidation of the infringement action with a revocation action filed before the Central Division, scheduling further procedural steps.
2023-08-14UPC_CFI_249/2023Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division held that successful service on one co-defendant could constitute effective alternative service on another co-defendant under Rule 275.2 RoP in Edwards Lifesciences' infringement action, given CMS malfunction.
2023-08-10UPC_CFI_15/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division granted Meril GmbH's deadline extension request for filing a preliminary objection, allowing harmonisation of deadlines across co-defendants given service issues and CMS access problems encountered in the early days of the UPC.
2023-07-28UPC_CFI_14/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division withdrew the preliminary separation order for Regeneron Pharmaceuticals after Amgen withdrew its separation request following successful service on Regeneron via email, and declared the earlier provisional order moot.
2023-07-17UPC_CFI_14/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a preliminary order in Amgen's SEP infringement action against Sanofi, addressing service of claim on Regeneron Pharmaceuticals and proposing separation of that defendant's proceedings to avoid delay, pending hearing of the served parties.
2023-07-10UPC_CFI_2/2023Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division granted a deadline extension in the 10x Genomics/Harvard v. NanoString preliminary injunction proceedings following a request by the respondent side.
2023-07-06UPC_CFI_17/2023Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division issued a short order under Rule 7.1 RoP determining that translations of English-language exhibits were not required in these proceedings.
2023-07-06UPC_CFI_2/2023Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division issued an order under Rule 7.1 RoP determining that translations of English-language exhibits were not required in the 10x Genomics/Harvard v. NanoString preliminary injunction proceedings.
2023-06-30UPC_CFI_2/2023Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division issued a supplementary procedural order correcting an earlier scheduling order to require that the defence include the arguments from the protective brief (Schutzschrift) in German, the language of proceedings.
2023-06-27UPC_CFI_17/2023Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division issued a short procedural order requiring the applicant to upload the exhibits to the statement of claim into the CMS.
2023-06-23UPC_CFI_17/2023Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division issued a scheduling order in provisional measures proceedings by 10x Genomics against NanoString Technologies, setting deadlines for responses and replies and scheduling the oral hearing for 19 September 2023.
2023-06-23UPC_CFI_2/2023Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division issued a scheduling and briefing order for the oral hearing in 10x Genomics and Harvard's preliminary injunction application against NanoString Technologies.
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