Cases
Workhorse listing across all UPC cases. Filters apply across tabs.
| Date | Case | Division | Action | Motion | Outcome | Summary |
|---|---|---|---|---|---|---|
| 2024-09-05 | APL_12739/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Dismissed | Court of Appeal (5 September 2024) dismissed Advanced Bionics' appeal against the CFI's refusal to transfer their infringement case to the Central Division. The CoA confirmed that joinder under R. 340 RoP cannot result in transfer to a different chamber outside Art. 33 UPCA, and that Art. 33(5) UPCA does not allow transfer of an infringement action to the Central Division without the consent of both parties. |
| 2024-09-05 | APL_24598/2024 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | Dismissed | Court of Appeal (5 September 2024) dismissed Advanced Bionics' appeal against the CFI's refusal to change the language of proceedings from German to English (the patent language). The CoA confirmed that the domicile of parties in a German-speaking country was a decisive factor against granting a language change, and clarified that Art. 49(5) UPCA does not require the language change request to be included in the statement of defence. |
| 2024-09-05 | UPC_CFI_486/2024 | Dusseldorf LD | Application for provisional measures | Preliminary injunction | PI denied | The Düsseldorf Local Division rejected Bioletic's application for a preliminary injunction concerning EP 3 685 783 B1 without an oral hearing, holding that the applicant had failed to demonstrate why a main action would be insufficient and had not established an ongoing or imminent harm justifying urgent provisional relief. |
| 2024-09-05 | UPC_CoA_207/2024 | Court of Appeal | Appeal RoP220.1 | — | Dismissed | The Court of Appeal dismissed Advanced Bionics' appeal against the President of the Court of First Instance's refusal to change the language of proceedings from English (language of the patent) to German in the infringement action before the Mannheim Local Division. The Court held that the parties' domicile in countries where the language chosen by the claimant is an official language is an important factor weighing against a language change. The application was not required to be included in the Statement of Defence (Art. 49(5) UPCA; R. 323.3 RoP). |
| 2024-09-05 | UPC_CoA_106/2024 | Court of Appeal | Appeal RoP220.2 | — | Dismissed | The Court of Appeal dismissed Advanced Bionics' appeal against the Mannheim Local Division's order refusing to refer the infringement action to the Central Division via a connection joinder (R. 340 RoP). The Court held that a connection joinder under R. 340 RoP cannot result in referral to another division beyond the possibilities provided in Art. 33 UPCA, and Art. 33 UPCA does not permit referral of an infringement action from a local division to the central division without the agreement of the parties. |
| 2024-09-04 | UPC_APP_40442/2024 | Milan LD | Procedural Order | Procedural | Procedural only | The Milan Local Division issued a confidentiality order determining the composition of the confidentiality club in Insulet's provisional measures proceedings against Menarini, granting access to a US attorney from Goodwin Procter to allow coordination of parallel litigation strategies across jurisdictions. |
| 2024-09-03 | UPC_APP_49142/2024 | Mannheim LD | Generic application | Procedural | Procedural only | Mannheim Local Division order (presiding judge and judge-rapporteur Tochtermann) on Xiaomi entities' confidentiality protection application (R. 262A RoP) seeking elevated access restrictions on two of three third-party licence agreements submitted as exhibits in infringement proceedings by Panasonic Holdings Corporation against Xiaomi entities concerning EP 2 568 724. The order grants a confidentiality regime consistent with existing protections established in the case but does not grant the additional restrictions requested by Xiaomi for two of the three licence agreements. Alternative requests (to exclude the documents or treat them as not filed) were also addressed. |
| 2024-09-03 | UPC_CoA_188/2024 | Court of Appeal | Appeal RoP220.2 | — | Procedural only | Order of the Court of Appeal dated 3 September 2024 on AYLO entities' appeal against the Mannheim Local Division's rejection of their preliminary objections in infringement proceedings brought by DISH Technologies and Sling TV regarding EP 2 479 956. The CoA dismissed AYLO's appeal and upheld the CFI's rulings on: (1) international jurisdiction of the UPC (Art. 7(2) Brussels I in conjunction with Art. 71b(1)) – jurisdiction exists if the patent has effect in at least one Contracting Member State and alleged internet-accessible services can cause damage there; (2) competence of the Mannheim Local Division; (3) rejection of the parallel national proceedings argument under Art. 30(2) Brussels I; and (4) confirmation that the list of preliminary objections under R. 19.1 RoP is exhaustive – abuse of process and manifest inadmissibility are not recognised as unwritten preliminary objections. |
| 2024-09-03 | UPC_CoA_188/2024 | Court of Appeal | Appeal RoP220.2 | — | Dismissed | The Court of Appeal dismissed AYLO's appeal against the Munich Local Division's rejection of AYLO's preliminary objection challenging UPC jurisdiction and competence. The Court of Appeal upheld UPC jurisdiction under Art. 7(2) Brussels I recast and Art. 71b(1) in conjunction with Art. 33(1)(a) UPCA, holding that jurisdiction exists where a European patent has effect in at least one Contracting Member State and alleged damage may occur there (including via internet access). The list of preliminary objections in R. 19.1 RoP is exhaustive; defences based on abusive procedural conduct and manifest lack of foundation are not admissible as preliminary objections. |
| 2024-09-02 | UPC_APP_33757/2024 | Munich LD | Application Rop305 | Procedural | Procedural only | The Munich Local Division considered Panasonic's application to extend the infringement action to add OTECH Germany GmbH as an additional defendant, with defendants opposing the late amendment request under Rule 305 RoP. |
| 2024-09-02 | UPC_CFI_368/2024 | Dusseldorf LD | Generic application | — | Dismissed | President of the UPC Court of First Instance dismissed Magna entities' application for review of the allocation of a technically qualified judge. The Court held that parties have no right to request a specific technical background for a technically qualified judge and that partiality is the only permissible objection to a judge's participation. |
| 2024-08-30 | UPC_APP_31099/2024 | Munich LD | Hearing | Procedural | Procedural only | The Munich Local Division issued a procedural order in Huawei Technologies Co. Ltd v Netgear Deutschland GmbH and others (UPC_CFI_9/2024) concerning EP 3 611 989 (a Wi-Fi 6 related patent). The order follows the interim conference under R. 105.5 RoP and sets out procedural decisions and scheduling directions for the infringement action. |
| 2024-08-30 | UPC_CFI_99/2024 | Dusseldorf LD | Application RoP262A | — | Procedural only | Procedural order from the Düsseldorf Local Division dated 30 August 2024 on confidentiality protection (R. 262A RoP) in infringement proceedings brought by Ona Patents SL against Apple entities. The order addresses the protection of trade secrets, specifically ruling that negative facts (the statement that products do not support certain functionalities) can also be subject to confidentiality. The names of employees involved in the relevant technical matters were also included within the confidentiality order. |
| 2024-08-30 | UPC_CFI_52/2023 | Munich LD | Infringement Action | Infringement merits | Not infringed | The Munich Local Division found EP 1 838 002 B1 invalid (revoked for the territory of Germany) on the counterclaims for revocation filed by Tesla, finding the patent anticipated by prior art D3. The patent amendment requests were dismissed. The infringement action was dismissed as the patent lacks validity. Avago (claimant) bears all costs. |
| 2024-08-27 | UPC_APP_41707/2024 | Paris LD | Generic application | Evidence | Procedural only | The Paris Local Division ordered that a witness be heard in English during the oral hearing in Hewlett-Packard's infringement action against Lama France, while rejecting the request for simultaneous French interpretation on the grounds that English is a language understood by all panel members and UPC representatives. |
| 2024-08-27 | ACT_9216/2024 | Munich LD | Application for provisional measures | Preliminary injunction | PI granted | Munich Local Division granted a preliminary injunction (provisional measures) against Hand Held Products for indirect/contributory infringement of Scandit AG's barcode-scanning patent EP 3 866 051. The court found indirect infringement (mittelbare Patentverletzung) of claims 1 and 10 proved to the necessary standard and ordered Hand Held Products to cease and desist from offering/supplying the infringing SDK software in multiple UPC member states, subject to a periodic penalty of up to EUR 100,000 per day of non-compliance. The application for direct infringement was rejected. The injunction was conditioned on Scandit providing security of EUR 500,000. Cost applications by both parties were dismissed. |
| 2024-08-27 | ACT_23636/2024 | Munich LD | Application for provisional measures | Preliminary injunction | PI granted | Munich Local Division granted a preliminary injunction (inter partes) against respondents ordering them to cease and desist from manufacturing, offering, placing on the market, using, exporting or possessing a herbicide composition (Kagura) infringing a patent with claims directed to a composition, across multiple UPC contracting states. The court held that for a product composition claim the applicant need only allege and prove the composition had all features of the claim; it is not required to explain why the composition had those features. Distributing infringing products outside contracting states while advertising under the same name inside creates a risk of first infringement. An actus contrarius is insufficient to eliminate such risk; a cease-and-desist declaration with penalty clause is required. Respondents may revoke the injunction if applicant does not commence main proceedings within 31 calendar days. |
| 2024-08-26 | UPC_APP_45255/2024 | Court of Appeal | Generic application | Procedural | Procedural only | The Court of Appeal ordered Ballinno B.V. to provide security for legal costs in favour of the Kinexon companies and UEFA in the appeal proceedings, finding that Ballinno's limited liquid assets gave rise to a legitimate concern that a cost order would not be recoverable; the security was set at a reduced amount. |
| 2024-08-26 | ACT_47484/2024 | Copenhagen LD | Application for preserving evidence pursuant to RoP192 | Evidence | Procedural only | Order for preservation of evidence in proceedings before the Copenhagen Local Division. The text of the order is largely illegible in the extracted PDF; only the signature of judge Peter Juul Agergaard (dated 26 August 2024) is visible. No substantive ruling on infringement or validity is recorded in the available text. |
| 2024-08-26 | UPC_CFI_54/2023 | Hamburg LD | Infringement Action | Infringement merits | Not infringed | The Hamburg Local Division dismissed Avago's infringement claim against Tesla for EP 1 612 910 B1 (power management system) as no infringement of any claim could be established, and on Tesla's counterclaim partially revoked the patent, maintaining only claim 1 in the form of auxiliary request 1 with claim 3 deleted. |
| 2024-08-23 | UPC_APP_44130/2024 | Dusseldorf LD | Generic application | motionName.jurisdictional | Procedural only | The President of the Court of First Instance ruled on an application to change the language of proceedings in the infringement action by Maxeon Solar against Aiko Energy entities. The Court addressed criteria for changing the language of proceedings to the language of patent grant, holding that the position of the defendant is the decisive factor when the balance of interests is equal. |
| 2024-08-23 | UPC_APP_48229/2024 | Lisbon LD | Generic application | Procedural | Procedural only | The Local Division Lisbon granted Ericsson leave to unconditionally limit its preliminary injunction claim against ASUSTek/Digital River Ireland by reclassifying Arvato Netherlands from a direct infringer to an intermediary under Art. 62(1) UPCA, narrowing the scope of injunctive relief sought. |
| 2024-08-22 | UPC_CoA_364/2024 | Court of Appeal | Petition for review of Registrar's decision | motionName.registrar_review | Procedural only | Order of the President of the Court of Appeal on a petition for review of the Registrar's decision refusing registration of an applicant in the list of UPC representatives. The applicant (anonymized) argued he met the requirements of Art. 48(2) UPCA as a European patent attorney and German patent attorney (Patentanwalt). The dispute centred on whether his training in the 1997-1998 'Munich Year' (Münchner Jahr) was equivalent to the 'Law for Patent Attorneys' course at FernUniversität Hagen required under the transitional provisions of the EPLC Rules. The President of the Court of Appeal reviewed the Registrar's two refusal decisions. |
| 2024-08-22 | UPC_CoA_364/2024 | Court of Appeal | Petition for review of Registrar's decision | motionName.registrar_review | Dismissed | The President of the Court of Appeal dismissed the petition for review of the Registrar's decision refusing to enter the applicant (anonymised) on the list of UPC representatives under Art. 48(2) UPCA. The applicant held a DPMA 'Patentassessor' qualification and claimed his 'Munich Year' training was equivalent to the FernUniversität Hagen 'Law for Patent Attorneys' course listed in Rule 12.1(a)(ii) EPLC Rules. The President found no evidence that the curriculum and examination requirements were identical, and rejected the equivalence argument. |
| 2024-08-22 | UPC_APP_588681/2023 | Munich CD | Application RoP262.1 (b) | Procedural | Procedural only | The Munich Central Division granted Mathys & Squire's application for public access under R.262.1(b) RoP to written pleadings and evidence in the settled Astellas v Healios revocation proceedings (EP 3 056 563), holding that after settlement the integrity of proceedings is no longer at stake and public access should normally be granted. |
| 2024-08-21 | UPC_APP_47039/2024 | Court of Appeal | Generic application | Procedural | Procedural only | The Court of Appeal's standing judge ruled that AYLO's submission under Rule 9.1 RoP was inadmissible as filed without leave, holding that Rule 9.1 does not confer a right to file unsolicited submissions, and only an application and response are permitted under Rule 220.4 RoP. |
| 2024-08-21 | APL_45142/2024 | Court of Appeal | Request for a discretionary review (RoP 220.3) | motionName.appeal_decision | Procedural only | The Court of Appeal dismissed AYLO's request for discretionary review of the Mannheim Local Division's confidentiality order, which had admitted three DISH/Sling-designated persons to the confidentiality club regarding protected business information. |
| 2024-08-21 | UPC_APP_43845/2024 | Paris CD | Generic application | Procedural | Procedural only | Application by defendant Ballinno to stay revocation proceedings pending outcome of appeal against denial of provisional measures was refused. The court held that an appeal against the denial of provisional measures does not generally justify a stay of revocation proceedings under Rule 295(m) RoP, and that proceedings must normally allow the final oral hearing at first instance within one year. |
| 2024-08-21 | ORD_47694/2024 | Paris LD | Generic Order | Procedural | Procedural only | The Paris Local Division issued a procedural order in Hewlett-Packard Development Company L.P. v LAMA France (UPC_CFI_358/2023, EP 2 089 230 and EP 1 737 669 — printer cartridge patents). The order resolves LAMA's application to have certain sections and exhibits of HP's last reply brief declared inadmissible, on grounds that they contained new arguments and evidence going beyond the permitted written procedure under R. 12 and R. 29 RoP. |
| 2024-08-21 | UPC_CoA_454/2024 | Court of Appeal | Request for a discretionary review (RoP 220.3) | — | Dismissed | Court of Appeal held that Microsoft's appeal against an order denying its R.361 RoP request (manifestly inadmissible application) was inadmissible because the impugned order was a case management order issued by a single judge-rapporteur rather than a panel. An appeal from a case management order is only admissible if the order was issued by a panel. The request for discretionary review was dismissed. |
| 2024-08-21 | UPC_CFI_347/2024 | Dusseldorf LD | Application RoP262A | — | Procedural only | Düsseldorf Local Division issued a confidentiality order under R.262A RoP restricting access to confidential information submitted by Magna entities (defendants) in their Statement of defence and Rejoinder, relating to supply chain and trade secrets. Access was limited to specific named representatives of Valeo. |
| 2024-08-21 | UPC_CoA_354/2024 | Court of Appeal | Generic application | — | Procedural only | The Court of Appeal Panel 2 issued a procedural order summoning parties to an oral hearing by video conference (23 August 2024) in the appeal by Apple entities against the Düsseldorf Local Division's refusal to change the language of proceedings to the patent grant language in the Ona Patents infringement action concerning EP 2 263 098. The order also addressed Apple's application for further written pleadings (R. 9 RoP) and Ona Patents' request to disregard that reply (R. 36 RoP). |
| 2024-08-20 | UPC_APP_14299/2024 | Nordic-Baltic RD | Generic application | Procedural | Procedural only | Order by Nordic-Baltic Regional Division (UPC_CFI_380/2023, 20 August 2024) dismissing Meril defendants' application to stay infringement proceedings pending EPO opposition on EP 3 769 722 (transcatheter heart valve). The court clarified that R. 295(a) RoP and Art. 33(10) UPCA allow a discretionary stay during written procedure only if a rapid EPO decision is expected; R. 118.2(b) RoP applies only in the oral procedure phase. |
| 2024-08-20 | UPC_APP_14061/2024 | Nordic-Baltic RD | Generic application | Procedural | Procedural only | Procedural order from the Nordic-Baltic Regional Division (UPC_CFI_380/2023) dismissing Meril entities' application for security for costs against Edwards Lifesciences in an infringement action concerning EP 3 769 722. The Court held that the mere fact that the claimant is located in the United States does not justify ordering security for costs, as this would constitute an unjustified restriction of the right to an effective remedy; the risk of unenforceability in the US was deemed insufficient. |
| 2024-08-19 | UPC_CoA_388/2024 | Court of Appeal | Generic Order | — | Procedural only | The Court of Appeal partially granted Sibio's request for suspensive effect of their appeal, specifically to the extent that the first-instance provisional measures order erroneously covered Ireland (which had not ratified the UPCA and therefore was not a Contracting Member State). The erroneous extension to Ireland was identified as a manifest error. |
| 2024-08-16 | UPC_APP_43606/2024 | Nordic-Baltic RD | Generic application | Procedural | Procedural only | The Nordic-Baltic Regional Division issued a procedural order setting the timetable for resumption of Edwards Lifesciences' infringement action against Meril entities after a stay pending EPO Technical Board of Appeal decision in T0308/23 concerning EP 2 628 464. |
| 2024-08-16 | ORD_46326/2024 | Lisbon LD | Generic Order | Procedural | Procedural only | Lisbon Local Division order on Ericsson's compliance with R. 13.1(h) RoP disclosure obligations regarding prior/pending proceedings relating to the patent. AsusTeK and co-defendants had challenged Ericsson's compliance in their opposition. The court addressed whether Ericsson must provide copies of prior art relied on, pleadings, statements of case and expert reports from other national and UPC proceedings relating to EP 2 819 131. The order resolves this disclosure dispute in a preliminary injunction action against AsusTeK for infringement of a 4G/LTE patent. |
| 2024-08-15 | UPC_APP_32879/2024 | Hamburg LD | Procedural Order | Procedural | Procedural only | The Hamburg Local Division issued a procedural order on document production requests by Vizgen (defendant) against 10x Genomics and Harvard College (claimants) in a patent infringement action concerning EP4108782, addressing requests to disclose licence agreements and emails from US parallel proceedings. |
| 2024-08-14 | UPC_APP_40651/2024 | Munich LD | Application RoP262A | Procedural | Procedural only | Munich Local Division procedural order establishing a confidentiality regime (R. 262A RoP) for information in TCL group defendants' FRAND counterclaim and statement of defence in NEC Corporation's infringement action concerning EP 2 645 714. The court classified detailed FRAND negotiation information and financial data as confidential, restricting access on the claimant's side to named individuals and legal representatives, and imposed ongoing obligations of confidentiality. |
| 2024-08-14 | UPC_APP_40654/2024 | Munich LD | Application RoP262A | Procedural | Procedural only | The Munich Local Division issued a procedural order in NEC Corporation v TCL/TCT group (UPC_CFI_498/2023, EP 3 057 321) on confidentiality protection under R. 262A RoP. The order confirmed the terms of the agreed confidentiality club arrangement for the defendants' FRAND counterclaim submission, following agreement in principle reached between the parties. |
| 2024-08-13 | UPC_APP_39047/2024 | Munich LD | Generic application | Procedural | Settled | The Munich Local Division permitted Network System Technologies LLC's partial withdrawal of its infringement action against Texas Instruments Incorporated and Texas Instruments Deutschland GmbH following a settlement, while the action against Volkswagen AG and AUDI AG continued, applying R.265 RoP to a partial subjective withdrawal. |
| 2024-08-12 | UPC_APP_42443/2024 | Munich LD | Application Rop 333 | Procedural | Procedural only | The Munich Local Division addressed TCL defendants' challenge to the authority of NEC's representative, holding that a representative is deemed to act under valid authority unless challenged under Rule 285.1 RoP, and that neither CMS software nor non-listing excludes a person from acting as representative. |
| 2024-08-12 | UPC_APP_36807/2024 | Vienna LD | Application RoP262.1 (b) | Procedural | Procedural only | Order on a public-access application (R. 262.1(b) RoP) filed by DMV industrijski kontrolni sistemi d.o.o. seeking access to pleadings and evidence in an ongoing infringement case (SWARCO Futurit v. STRABAG, Vienna Local Division) involving EP 2 643 717. The court held that, for pending proceedings, a third-party applicant must show a legally qualified interest (beyond mere informational or economic interest) to outweigh the interest in protecting the integrity of ongoing proceedings. The application was denied as the proceedings were still pending. |
| 2024-08-12 | UPC_CFI_281/2024 | Dusseldorf LD | Generic application | — | Settled | Decision from Düsseldorf Local Division dated 6 August 2024 permitting Seoul Semiconductor Co., Ltd. to withdraw its patent infringement action against Amazon Services Europe S.à r.l. regarding EP 3 339 920 B1. The withdrawal was agreed following an out-of-court settlement. Each party bears its own costs and Seoul Semiconductor bears the court fees. The claimant was ordered reimbursement of 60% of court fees (EUR 6,600) pursuant to R. 370.9(b)(i) RoP. |
| 2024-08-09 | UPC_CFI_122/2024 | Paris CD | Revocation Action | Revocation merits | Withdrawn | The Paris Central Division issued a decision following Aiko Energy Germany's withdrawal of its revocation action against Maxeon Solar's EP 3 065 184 before service on the defendant, also ruling on the reimbursement of court fees under R.370(9)(b)(i) RoP. |
| 2024-08-09 | UPC_APP_38165/2024 | Munich LD | Application RoP262A | Procedural | Procedural only | The Munich Local Division issued a procedural order under Rule 262A RoP concerning the protection of confidential information submitted by the defendants in an infringement action regarding EP 4 087 195. No substantive patent ruling was made. |
| 2024-08-09 | UPC_CFI_278/2023 | Hamburg LD | Application RoP262A | Procedural | Procedural only | Hamburg Local Division issued a confidentiality order under R.262A RoP protecting supply chain and trade secret information submitted by Gucci defendants in their Statement of Defence and Rejoinder. Access was restricted to named representatives of AGFA NV. The order replaced a preliminary order of 2 July. |
| 2024-08-08 | UPC_APP_44530/2024 | Court of Appeal | Generic application | Procedural | Procedural only | The Court of Appeal ruled that service of written pleadings must be effected through the Court's electronic CMS and that prior communication via Germany's beA (besonderes elektronisches Anwaltspostfach) does not constitute effective service under R.278.1 RoP. |
| 2024-08-08 | UPC_CFI_140/2024 | Dusseldorf LD | Application RoP262A | — | Procedural only | Procedural order on a confidentiality club application (Rule 262A RoP) in proceedings involving 10x Genomics v Curio Bioscience. The court set rules for access to confidential information, including access for named party representatives and their teams, with responsibility for maintaining confidentiality. |
| 2024-08-06 | UPC_APP_25265/2024 | Munich LD | Amend Document | Procedural | Procedural only | Order of the Munich Local Division on an application by Motorola Mobility LLC (claimant) to amend its statement of claim to include FRAND-related claims against Telefonaktiebolaget LM Ericsson (defendant) under Rule 263 RoP. The Court granted the amendment, finding the conditions of Rule 263(2) RoP were met and that the amendment did not unreasonably hinder Ericsson in its defence. |