UPClytics

Cases

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

DateCaseDivisionActionMotionOutcomeSummary
2025-02-20UPC_APP_2588/2025Dusseldorf LDGeneric applicationProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order allowing 10x Genomics to exchange the enforcement security deposit for the preliminary injunction against Curio Bioscience with a bank guarantee, following the approach set in the Ortovox v. Mammut precedent.
2025-02-03UPC_APP_1872/2025Dusseldorf LDGeneric applicationProceduralProcedural onlyThe Local Division Düsseldorf issued a confidentiality order under R.262A RoP, clarifying that only the party whose access is to be restricted can identify which of its persons need access, and that the opposing party claiming confidentiality must raise specific objections after that proposal.
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.
2024-12-12UPC_APP_64571/2024Dusseldorf LDGeneric applicationProceduralProcedural onlyDüsseldorf Local Division final order (judge-rapporteur Thomas) in infringement proceedings by Valeo Electrification against Magna PT entities concerning EP 3 320 602. The order harmonises time limits for the reply to the statement of defence and defence to the counterclaim for revocation, refusing a further extension beyond harmonisation as defendants objected. No substantive ruling on infringement or validity.
2024-11-28UPC_APP_60286/2024Dusseldorf LDApplication RoP262AProceduralProcedural onlyThe Düsseldorf Local Division issued a confidentiality order under R. 262A RoP in the infringement action brought by Valeo Electrification against Magna entities, granting the claimant's request to add Florian Saadi to its confidential-access team while declining to extend access further.
2024-11-21ORD_59318/2024Dusseldorf LDGeneric OrderProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order in the DexCom v. Abbott infringement action concerning EP 4 026 488, taking an early decision pursuant to R. 37.2 RoP on how to proceed under Art. 33(3) UPCA (bifurcation or combined hearing of infringement and validity). The court exercised its discretion to hear both the infringement action and any counterclaim for revocation together.
2024-11-20UPC_APP_59991/2024Dusseldorf LDGeneric applicationProceduralProcedural onlyThe Düsseldorf Local Division dismissed Magna's application for rectification under R. 353 RoP of an injunction order, finding that the alleged omissions and characterisations regarding vehicle models and a French vindication action did not constitute clerical errors or obvious slips.
2024-11-20UPC_APP_60996/2024Dusseldorf LDGeneric applicationProceduralProcedural onlyDüsseldorf Local Division procedural order extending the time limit for DexCom Inc. to file its Rejoinder to the Counterclaim for Revocation and Reply to Application to Amend until 11 December 2024, in DexCom v. Abbott entities (EP 4 026 488). The extension was granted on grounds of fairness/equity because the previous time period for defendants had been similarly extended with claimant's consent.
2024-10-10UPC_APP_55249/2024Dusseldorf LDGeneric applicationCostsProcedural onlyOrder of the Düsseldorf Local Division refusing Aarke AB's request to adjourn the oral hearing in the infringement action by SodaStream Industries Ltd. concerning EP 1 793 917. The defendant sought adjournment pending an outstanding Court of Appeal order on its dismissed security for costs application. The Court found no convincing reasons to adjourn.
2024-09-27UPC_APP_53570/2024Dusseldorf LDGeneric applicationProceduralDismissedDüsseldorf Local Division (27 September 2024) refused Mammut's application for leave to file additional submissions in response to the CoA's order of 25 September 2024, finding that the CoA order did not provide grounds for allowing further submissions in the main proceedings.
2024-09-25ORD_53404/2024Dusseldorf LDGeneric OrderProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order in the Magna v. Valeo proceedings concerning EP 3 320 602, addressing the rules on evidence applicable in provisional measures (preliminary injunction) proceedings under R. 9 RoP and R. 210.2 RoP, in preparation for the oral hearing scheduled for 8 October 2024.
2024-09-20UPC_APP_51893/2024Dusseldorf LDApplication RoP262AProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order on Valeo's R. 262A RoP application for protection of confidential information in the Magna v. Valeo infringement proceedings concerning EP 3 320 602. The court denied Valeo's request for access for a specific additional lawyer (Thierry Lautier) to confidential information, finding no legitimate basis distinguishable from the general representation team.
2024-09-06UPC_APP_47922/2024Dusseldorf LDApplication Rop 333ProceduralProcedural onlyThe Düsseldorf Local Division issued an order on panel review under Rule 333 RoP of a prior order concerning security for legal costs requested by defendant Aarke AB against claimant SodaStream Industries Ltd., addressing the applicable standard of proof and factors for ordering security.
2024-09-06ACT_18551/2024Dusseldorf LDApplication for provisional measuresPreliminary injunctionPI deniedOrder by Düsseldorf Local Division (UPC_CFI_166/2024, 6 September 2024) rejecting Novartis AG and Genentech Inc.'s application for provisional measures against Celltrion Inc. for alleged infringement of EP 3 805 248 B1 (biologic/antibody). The application was dismissed on the merits (infringement insufficiently established). Applicants were ordered to pay interim costs of EUR 138,562.80. The court addressed claim interpretation, imminent infringement, non-applicability of stay of proceedings (R. 295 RoP) to PI proceedings, and the costs gap in the absence of main proceedings.
2024-08-06UPC_APP_44884/2024Dusseldorf LDGeneric applicationProceduralSettledDecision of the Düsseldorf Local Division permitting the withdrawal by Seoul Semiconductor Co., Ltd. of its infringement action against Amazon Services Europe S.à r.l. concerning EP 2 402 415 B1, on the basis of an out-of-court settlement between the parties. The proceedings were declared closed.
2024-08-05UPC_APP_41447/2024Dusseldorf LDApplication Rop 333ProceduralProcedural onlyDüsseldorf Local Division procedural order (judge-rapporteur Thomas) in infringement proceedings by Seoul Viosys / Seoul Semiconductor against expert GmbH entities concerning EP 3 926 698. The order addresses a late application to amend the patent (R. 30.2 RoP), deferring the admissibility decision on the amendment and setting a response deadline for the defendant. No substantive ruling.
2024-08-02ORD_40822/2024Dusseldorf LDGeneric OrderProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order addressing the scope of applications to amend the patent under R. 30 RoP and R. 263 RoP. The court clarified that amendments to auxiliary requests in an application to amend the patent are subject to R. 30.2 RoP (requiring court permission), and that territorial limitation of an amendment application should only be made if there are objective reasons for it under Art. 34 UPCA.
2024-07-03ACT_459767/2023Dusseldorf LDInfringement ActionInfringement meritsInfringedDecision of the Düsseldorf Local Division finding infringement of EP 3 375 337 B1 by Bette GmbH & Co. KG in an action by Franz Kaldewei GmbH & Co. KG concerning bathroom basin technology. The defendant was ordered to cease and desist, recall and remove products from distribution channels, and pay EUR 10,000 as a provisional award of damages with a declaration of further damages liability. The revocation counterclaim was partially successful (50% costs for revocation). Key holdings address prior use rights under Art. 28 UPCA (must be proven country by country), the scope of the information right under Art. 68 UPCA, and the concept of permanent removal from distribution channels as distinct from recall.
2024-07-03UPC_APP_39459/2024Dusseldorf LDGeneric applicationProceduralSettledOrder by Düsseldorf Local Division (UPC_CFI_133/2024, 3 July 2024) confirming settlement between Abbott Diabetes Care Inc. and Sibio/Umedwings under R. 365.1(2) RoP in provisional measures proceedings over EP 2 393 417. A 20% reimbursement of court fees was ordered, the settlement having been reached at the oral hearing stage.
2024-06-26ORD_37232/2024Dusseldorf LDGeneric OrderProceduralProcedural onlyDüsseldorf Local Division (26 June 2024) granted Access Advance LLC's application to join the proceedings as a third-party intervener (Streithelferin) on Dolby's side, holding that Access Advance had a direct legal interest because it managed the FRAND licensing obligations for Dolby's patent pool including the patent in suit, and HP was disputing those FRAND obligations.
2024-06-21ORD_36553/2024Dusseldorf LDGeneric OrderProceduralProcedural onlyDüsseldorf Local Division early procedural order (R. 37.2 RoP) in Tridonic GmbH & Co KG's infringement action against CUPOWER entities concerning EP 2 011 218 B1 (same case as the later final decision). The court decided to handle both the infringement action and the revocation counterclaim jointly (Art. 33(3)(a) UPCA) before the close of the written proceedings, for reasons of procedural economy and to allow early assignment of a technically qualified judge.
2024-06-17UPC_APP_36031/2024Dusseldorf LDGeneric applicationProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order permitting service of the statement of claim upon the Turkish defendant (Altech Makina) at a trade fair stand in Amsterdam under R. 271.5(a) RoP. The court held that a trade fair stand constitutes a temporary business address within UPC contracting member states, where service is permissible.
2024-05-14UPC_APP_23193/2024Dusseldorf LDAmend DocumentProceduralProcedural onlyOrder by Düsseldorf Local Division (UPC_CFI_457/2023, 14 May 2024) allowing Dolby International AB's unconditional restriction of its infringement claim under R. 263.3 RoP to exclude HP computers equipped with NVIDIA GPU-based HEVC video decoding. The court characterised the restriction as an unconditional and always-permissible limitation of the claim under R. 263.3 RoP (not merely a clarification), and noted that the defendants' intervention invitation application appeared to have become moot.
2024-04-30ORD_23580/2024Dusseldorf LDGeneric OrderInfringement meritsPI grantedDüsseldorf Local Division granted a preliminary injunction (30 April 2024) against Curio Bioscience Inc. ordering it to cease offering, marketing, using or possessing arrays for localised detection of nucleic acid in tissue samples in Germany, France, and Sweden that infringe EP 2 697 391. A penalty of up to EUR 100,000 per day of contravention was imposed. Enforceability was conditional on the applicant providing a security of EUR 2,000,000.
2024-04-30ACT_590953/2023Dusseldorf LDApplication for provisional measuresPreliminary injunctionPI grantedSame order as ORD_23580/2024 / UPC_CFI_463/2023 (Düsseldorf, 30 April 2024) – duplicate document. 10x Genomics obtained a preliminary injunction against Curio Bioscience restraining sale of infringing spatial transcriptomics arrays (EP 2 697 391) in Germany, France, and Sweden, subject to a EUR 2,000,000 security.
2024-04-23ORD_22211/2024Dusseldorf LDGeneric OrdermotionName.jurisdictionalProcedural onlyDüsseldorf Local Division procedural order following the Court of Appeal's reversal of the President's language decision, directing that the language of the proceedings be changed to English before the final order on provisional measures. The order deals with Germany's R. 14.2(c) RoP indication, allowing the judges to issue decisions in German with certified English translations, and enables the provisional measures decision (in the 10x Genomics vs Curio Bioscience matter, EP 2 697 391) to be issued promptly in both languages.
2024-04-15ORD_18121/2024Dusseldorf LDGeneric OrderProceduralProcedural onlyThe Local Division Düsseldorf ordered a joint hearing of the main infringement action and the revocation counterclaim, finding that combined treatment was efficient and appropriate given the panel had already considered both infringement and validity issues in the prior provisional measures proceedings.
2024-04-09UPC_APP_4074/2024Dusseldorf LDRequest to review an order ex-partemotionName.ex_partePI grantedDüsseldorf Local Division order (judge-rapporteur Thomas) on review of ex parte preliminary injunction in proceedings by Ortovox Sportartikel GmbH against Mammut Sports Group AG and GmbH concerning EP 3 466 498 (avalanche airbag backpack). The ex parte provisional measures order of 11 December 2023 was upheld following the inter partes review. Mammut was ordered to reimburse Ortovox's costs of EUR 33,375.70; Mammut's own cost claim of EUR 19,858.40 was rejected. Security of EUR 500,000 was maintained. No merits costs order (deferred to main proceedings).
2024-04-04UPC_APP_17472/2024Dusseldorf LDGeneric applicationProceduralProcedural onlyDüsseldorf Local Division granted FUJIFILM's request for an extension of the time period for filing its Reply to the Statement of Defence (including counterclaims for revocation) until 28 May 2024. The extension was justified because a confidentiality order under Rule 262A RoP had initially restricted FUJIFILM's employees from accessing the defendants' submissions, and the full two-month period for the reply must be available after employee access is granted.
2024-03-27UPC_APP_6761/2024Dusseldorf LDProcedural OrderProceduralProcedural onlyThe Düsseldorf Local Division issued a confidentiality order setting out principles for protection of confidential information under R.262A RoP, including the test for substantiating the confidential nature of information and the balancing of access rights against confidentiality interests.
2024-03-22UPC_APP_14943/2024Dusseldorf LDProcedural OrderProceduralProcedural onlyThe Düsseldorf Local Division rejected the request for simultaneous interpretation of the oral hearing from German to English, holding that interpretation is only available to the extent necessary to support a party in proceedings conducted in the language of the local division.
2024-03-11UPC_APP_8500/2024Dusseldorf LDApplication for provisional measuresProceduralProcedural onlyThe Düsseldorf Local Division issued a confidentiality protection order under R.262A RoP establishing principles for granting natural persons access to protected information, holding that access cannot be denied solely because a named person works in the relevant technical field.
2024-03-01UPC_APP_9978/2024Dusseldorf LDApplication for provisional measuresProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order in the 10x Genomics v. Curio Bioscience provisional measures proceedings, rejecting 10x Genomics' request for court-ordered simultaneous interpretation at the oral hearing, on grounds that the applicant had itself chosen German as the language of proceedings and had earlier opposed a language change requested by the respondent.
2024-02-23UPC_APP_8500/2024Dusseldorf LDApplication for provisional measuresProceduralProcedural onlyPublished headnotes and keywords document for the 23 February 2024 Düsseldorf Local Division order in Curio Bioscience v. 10x Genomics, setting out the legal principles on trade secret protection under Rule 262A RoP in provisional measures proceedings, including preliminary access restrictions and the right to be heard before a final confidentiality order.
2024-02-23UPC_APP_8500/2024Dusseldorf LDApplication for provisional measuresProceduralProcedural onlyThe Düsseldorf Local Division issued a confidentiality protection order under Rule 262A RoP in Curio Bioscience v. 10x Genomics, establishing preliminary access restrictions to allegedly confidential documents and setting out the proportionate circle of persons entitled to access (four legal representatives, two patent attorneys, three client representatives, expandable by two paralegals if needed).
2024-02-23UPC_APP_9671/2024Dusseldorf LDApplication for provisional measuresProceduralProcedural onlyThe Düsseldorf Local Division rejected the applicant's (10x Genomics) request to move the deadline for responding to the opposition, holding that the deadline runs from the issuance of the prior procedural order and cannot be shifted to the conclusion of the confidentiality proceedings.
2024-02-23UPC_APP_9671/2024Dusseldorf LDApplication for provisional measuresProceduralProcedural onlyThe Düsseldorf Local Division rejected the applicant's (10x Genomics) request to move the deadline for responding to the opposition, holding that the deadline runs from the issuance of the prior procedural order and cannot be shifted to the conclusion of the confidentiality proceedings.
2024-02-21UPC_APP_6926/2024Dusseldorf LDInfringement ActionProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order in FUJIFILM v. Kodak GmbH, granting the defendants a retrospective extension of the deadline to file their counterclaim for revocation in the dedicated CMS workflow, on the conditions that a first filing attempt had been made before the deadline and the corrected upload was made without culpable delay.
2024-02-21UPC_APP_6926/2024Dusseldorf LDInfringement ActionProceduralProcedural onlyDuplicate version of the 21 February 2024 Düsseldorf Local Division procedural order in FUJIFILM v. Kodak, granting a retrospective extension of the CMS workflow deadline for filing the counterclaim for revocation.
2024-01-20UPC_APP_2249/2024Dusseldorf LDGeneric applicationProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order in Seoul Viosys v. expert e-Commerce, rejecting the defendants' application for an extension of the deadline to file their statement of defence and counterclaim for revocation, applying the strict UPC time limits regime.
2024-01-19UPC_APP_1714/2024Dusseldorf LDGeneric applicationProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order in Dolby v. HP entities, rejecting the defendants' application for an extension of the deadline to file their statement of defence, citing the strict time limits regime under the UPC Rules of Procedure and the absence of exceptional circumstances justifying an extension over the claimant's objection.
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