UPClytics

Cases

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

DateCaseDivisionActionMotionOutcomeSummary
2025-09-04UPC_APP_35977/2025Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division issued a procedural order in the UERAN Technology v. Xiaomi infringement proceedings, addressing scheduling and procedural management of the multi-defendant action concerning EP 2 661 133.
2025-09-04UPC_APP_33309/2025Mannheim LDGeneric applicationProceduralProcedural onlyThe Mannheim Local Division considered MediaTek Germany's application for security for legal costs from Huawei (a Chinese entity), addressing whether the enforcement of a costs order against a non-EU-resident claimant justified requiring security.
2025-09-04UPC_APP_33992/2025Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division issued a procedural order addressing Belparts Group N.V.'s application under R.302.3 RoP to have the counterclaim for infringement from parallel Central Division Paris proceedings consolidated with the present infringement action against IMI Hydronic entities concerning EP3812870.
2025-09-04UPC_APP_35978/2025Munich LDGeneric applicationProceduralProcedural onlyProcedural order from the Munich Local Division (UPC_CFI_610/2025) on a request by Xiaomi Technology Germany GmbH to set uniform deadlines for all defendants in a new infringement action by UERAN Technology LLC, pending service on remaining Xiaomi defendants. The order addressed procedural harmonisation where most defendants had not yet been served.
2025-09-04UPC_APP_34350/2025Milan CDGeneric applicationProceduralProcedural onlyMilan Central Division judge-rapporteur issued a procedural order in the revocation action by Gilead Sciences against Academy of Military Medical Sciences (patent EP 3 854 403, Remdesivir for MERS/SARS-CoV-1). The order resolved disputes on the validity of service on the Chinese defendant via its EPO patent representative Lavoix. The court held that service on the patent representative within the CMS was valid under Rule 271(6) RoP. Lavoix's objections to service were inadmissible as the patent representative had no standing to defend the patent holder without a power of attorney. Gilead's premature request for a default judgment was declared currently inadmissible.
2025-09-03UPC_APP_33210/2025Dusseldorf LDGeneric applicationPreliminary injunctionPI grantedThe Düsseldorf Local Division granted HP Development Company's application for a preliminary injunction against Andreas Rentmeister e.K. (Defendant 2) for alleged infringement of EP2826630 and EP3530469, including injunctions, information disclosure, and penalty payments, after the defendant failed to substantiate its objection to the provisional measures application.
2025-09-03UPC_APP_35609/2025Dusseldorf LDGeneric applicationProceduralProcedural onlyProcedural order of the Düsseldorf Local Division (judge-rapporteur Dr. Schumacher) granting Zapp AG and Zapp Precision Metals GmbH a partial extension of the deadline for filing their Statement of Defence in Dai Nippon Printing's infringement action (EP 3 805 415). The claimant opposed full extension but the court extended the deadline by one week (to 16 September 2025), finding that the exceptional circumstances cited by defendants partially justified an extension while requiring a balance with the claimant's interest in swift proceedings.
2025-09-02ACT_32548/2025Dusseldorf LDApplication RoP262AProceduralProcedural onlyThe Düsseldorf Local Division judge-rapporteur issued a confidentiality order under Rule 262A RoP in preliminary injunction proceedings, restricting access to certain confidential technical and commercial information of the respondents to a limited circle of persons.
2025-09-02APL_35616/2025Court of AppealRequest for a discretionary review (RoP 220.3)motionName.appeal_decisionProcedural onlyCourt of Appeal (standing judge Gougé) order on CeraCon GmbH's request for discretionary review (R. 220.3 RoP) of the Mannheim Local Division's refusal to grant leave to amend its counterclaim for revocation against Sunstar Engineering Inc. concerning EP 4 108 413. The Court held that leave to amend under R. 263.2 RoP must be refused if any one of the exclusion criteria in (a) or (b) is met — the disjunctive test. The request for discretionary review was therefore dealt with under this principle. No substantive patent validity ruling.
2025-09-02UPC_APP_35439/2025Munich LDGeneric applicationProceduralProcedural onlyProcedural order of the Munich Local Division (presiding judge Zigann) granting claimants Shanghai Jinko and Zhejiang Jinko Solar's application to stay the infringement proceedings (UPC_CFI_119/2025) under Rules 295(d) and 295(m) RoP and the revocation proceedings (UPC_CFI_401/2025) under Rule 295(d) RoP against LONGi Solar and related defendants. The stay was requested because the parties were in ongoing comprehensive settlement negotiations. Most LONGi defendants consented; for Soltech Energy GbR (defendant 4), the stay was justified in the interests of proper administration of justice. The interim conference and oral hearing dates were cancelled.
2025-09-02UPC_APP_35269/2025Nordic-Baltic RDGeneric applicationCostsProcedural onlyOrder of the Nordic-Baltic Regional Division in Edwards Lifesciences v Meril Life Sciences et al. (EP 3 769 722) on a request for rectification of the decision on the merits of 21 July 2025. The prior decision on the merits found the patent invalid as granted but upheld it as amended, and found infringement of the amended patent. The operative part of that decision ordered the defendants to bear 100% of Edwards' costs in the infringement action and 75% of Edwards' costs in the revocation counterclaim proceedings. The defendants requested rectification to add an obligation on Edwards to bear 25% of the defendants' costs in the revocation proceedings. The rectification request is the subject of this order.
2025-09-01UPC_CoA_805/2025Court of AppealRequest for a discretionary review (RoP 220.3)DismissedThe Court of Appeal (standing judge) dismissed Centripetal Limited's request for discretionary review (R. 220.3 RoP) of the Mannheim Local Division's refusal to permit further written pleadings (R. 36 RoP) in its infringement action against Keysight Technologies concerning EP 3 821 580. The request for review was denied because the impugned order was not manifestly wrong.
2025-09-01UPC_CFI_258/2025Paris CDPreliminary objectionmotionName.jurisdictionalDismissedThe Central Division Paris rejected Seoul Viosys Co., Ltd.'s preliminary objection requesting dismissal of Emporia UK and Ireland Ltd.'s revocation action as inadmissible under Art. 33(4) UPCA. Seoul Viosys argued that Emporia was a 'straw company' acting as a nominee for ex-pert klein GmbH (the defendant in parallel infringement proceedings before the Court of Appeal), and therefore constituted the 'same party'. The Court held that the 'straw company' theory has a legal basis in EU law and may be relevant under Art. 33(4) UPCA, but that mere coordination of litigation strategies between a distributor and its supplier does not constitute proof that one acts as a nominee for the other.
2025-09-01UPC_CFI_848/2024Munich LDGeneric applicationProcedural onlyProcedural order from Munich Local Division dated 1 September 2025 granting KNAPP Smart Solutions GmbH's application for a 6-day extension of the deadline for its reply to the defence and the response to the counterclaim for revocation (including any patent amendment application) to 9 September 2025. The extension was justified by mutual vacation absences among involved persons and consented to by the defendant Becton Dickinson Rowa Germany GmbH. The order notes that irregularities in the CMS upload dates caused uncertainty about the exact deadline.
2025-08-29UPC_APP_28536/2025Dusseldorf LDAmend DocumentProceduralProcedural onlyThe Düsseldorf Local Division ruled on Wonderland Nurserygoods' application under Rule 263 RoP to amend its claim in infringement proceedings against Cybex GmbH and related entities concerning EP 1 905 615 (stroller swivel locking device).
2025-08-29ACT_44624/2024The Hague LDInfringement ActionInfringement meritsNot infringedThe Local Division The Hague found that Maars' Horizon Products did not infringe City Glass's expired EP 1 651 838 (glazing system patent) because a key feature of the sole claim (feature 1.6 – self-locking mechanism) was not met; the revocation counterclaim was dismissed as the patent was held valid. Costs were agreed between the parties.
2025-08-29ACT_19943/2025The Hague LDApplication for provisional measuresPreliminary injunctionPI deniedThe Hague Local Division dismissed Cilag GmbH International's and Ethicon LLC's application for provisional measures (preliminary injunction) against RiVOLUTiON GmbH for alleged infringement of EP 3 689 262 (a staple cartridge patent for surgical staplers). The court found that the urgency requirement for provisional measures was not satisfied: Cilag had known or should have known by November 2024 (following a Bariatric Study result) of the potential infringement and related market risks, and had not filed the application promptly. The fact that a Sana group tender outcome became clearer later did not revive urgency as it was foreseeable. Cilag was ordered to pay EUR 80,000 as an interim costs award to RiVOLUTiON. Ancillary applications were also dismissed.
2025-08-29UPC_CFI_500/2025Mannheim LDApplication Rop 360Costs onlyMannheim Local Division declared the provisional measures proceedings against Blankenhorn GmbH (defendant 2) terminated due to both parties agreeing the matter was resolved, and ordered Blankenhorn to bear the costs of that part of the proceedings. The Court found that Blankenhorn had not formally submitted to the claims before the application was served, and therefore bears costs.
2025-08-28UPC_APP_35652/2025Mannheim LDGeneric applicationCostsCosts onlyOrder on a fee reimbursement application under Rule 370.9(b)(i) RoP filed by Faro Technologies, Inc. following withdrawal of its application for provisional measures against PMT Technologies (Suzhou) Co., Ltd. The Court rejected the fee reimbursement request, holding that Rule 370.9(b)(i) RoP is not directly or analogously applicable to applications for provisional measures, only to main actions.
2025-08-27UPC_APP_35377/2025Mannheim LDGeneric applicationProceduralProcedural onlyThe Mannheim Local Division granted an application by Samsung defendants to set a uniform (fictitious) service date and extended deadlines for all defendants in infringement proceedings brought by Eyesmatch Ltd., following agreement between the parties.
2025-08-27UPC_APP_35089/2025Mannheim LDGeneric applicationProceduralProcedural onlyThe Mannheim Local Division issued a procedural order on Decathlon's request to disregard submissions in the defendants' rejoinder concerning the validity of EP1697604 as granted, ruling on whether the rejoinder to the application to amend the patent may contain arguments on invalidity of the granted claims.
2025-08-26UPC_APP_33609/2025Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division granted MediaTek Germany GmbH's application requiring Huawei Technologies to provide security for legal costs under R. 158.1 RoP, setting a six-week deadline for compliance, given Huawei's non-EU registered seat and risks associated with enforcing a cost award in China.
2025-08-26UPC_APP_34711/2025Paris LDGeneric applicationProceduralProcedural onlyParis Local Division procedural order clarifying the starting point for procedural time limits (preliminary objection deadline – 1 month; statement of defence – 3 months) in Sun Patent Trust's infringement action against Vivo entities concerning EP 3 852 468. Following an appeal by Sun Patent Trust against part of the confidentiality circle order (July 31 final order), and Vivo's voluntary compliance with Sun's request not to access highly confidential documents pending the appeal, the judge-rapporteur clarified that the deadlines agreed between the parties run from the date of the final confidentiality order (31 July 2025), as originally specified.
2025-08-26UPC_APP_33733/2025Dusseldorf LDApplication RoP262AProceduralProcedural onlyProcedural order by Düsseldorf Local Division (UPC_CFI_758/2024 and UPC_CFI_259/2025, 26 August 2025) granting Siemens defendants' application under R. 262A RoP to classify certain trade-secret information as confidential and restrict access. Hologic did not contest the confidentiality or scope.
2025-08-26UPC_APP_32887/2025Milan LDApplication RoP262AProceduralProcedural onlyFinal order from the Milan Local Division (UPC_CFI_472/2024) on Dainese's application under R. 262A RoP for confidentiality protection of financial exhibits filed in the context of a security for costs application by Alpinestars and Motocard. The Court granted the application in part, creating a confidential club including Defendants' General Counsel (Ms. Buccimazza) and their legal representatives, balancing protection of confidential financial data against the defendants' right to an effective defence.
2025-08-26UPC_APP_33511/2025Munich LDApplication RoP262.1 (b)ProceduralProcedural onlyThe Munich Local Division ruled on Taylor Wessing LLP's application for access to written pleadings and evidence under Rule 262.1(b) RoP in NEC Corporation's infringement action against TCL entities concerning EP 2 645 714.
2025-08-26UPC_CFI_559/2025Munich LDGeneric applicationProceduralProcedural onlyProcedural order from Munich Local Division dated 26 August 2025 staying the proceedings in an infringement action brought by Shangrao Xinyuan Yuedong Technology Development Co. against LONGi Solar and related entities regarding EP 3 297 043 B1, following a joint request by the claimant and defendants 1–4 due to ongoing settlement negotiations. Proceedings against defendant 5 (Thomas Seifert) were also stayed under R. 295(m) RoP pending possible inclusion in the settlement.
2025-08-26UPC_CFI_362/2025Paris LDGeneric applicationProceduralProcedural onlyParis Local Division granted a three-week extension to Vivo entities for filing their Preliminary Objection and Statement of Defence in Sun Patent Trust's infringement action concerning EP 3 407 524, following the delay caused by confidentiality proceedings and the parties' voluntary agreement to grant access to unredacted files.
2025-08-25UPC_APP_34972/2025Court of AppealApplication Rop 223ProceduralProcedural onlyThe Court of Appeal rejected Sun Patent Trust's application for suspensive effect of its appeal against a Paris Local Division order, finding that granting VIVO employees access to highly confidential information pending the appeal did not irreversibly undermine the appeal's purpose.
2025-08-25UPC_APP_22894/2024Munich LDPreliminary objectionmotionName.jurisdictionalProcedural onlyThe Munich Local Division ruled that Qualcomm's preliminary objection challenging the validity of the withdrawal of an opt-out for EP 1 875 683 was inadmissible under Rule 19.1 RoP, and confirmed that the withdrawal of the opt-out was effective.
2025-08-25ORD_35448/2025Hamburg LDGeneric OrderProceduralProcedural onlyThe Hamburg Local Division ruled that authority to represent a defendant in provisional measures proceedings does not automatically extend to receiving service of a statement of claim in subsequent infringement proceedings, and that service on non-EU defendants must follow Rule 274 RoP.
2025-08-25UPC_APP_34971/2025Court of AppealApplication Rop 223ProceduralProcedural onlyThe Court of Appeal received Sun Patent Trust's application for suspensive effect under Rule 223 RoP against an order of the Paris Local Division of 31 July 2025 granting certain Vivo employees access to highly confidential information in infringement proceedings. Sun Patent argued that the highly confidential licence information should be subject to an 'External Eyes Only' regime excluding Vivo employees.
2025-08-25UPC_APP_22897/2024Munich LDPreliminary objectionmotionName.jurisdictionalDismissedPreliminary objection by Qualcomm entities (Qualcomm Incorporated, Qualcomm Technologies Inc., Qualcomm Germany GmbH) challenging jurisdiction dismissed by judge-rapporteur. Defendants argued that the withdrawal of the opt-out of EP 1 552 399 by a UPC representative (Ms Huang) was invalid for lack of power of attorney. The court held that a registered UPC representative (Art. 48 UPCA, R. 5.3(b)(i) RoP) does not need a written mandate for opt-out withdrawal; formal requirements were met and the patent falls within UPC jurisdiction. Appeal against this decision was not allowed.
2025-08-22UPC_CFI_248/2024Munich LDInfringement ActionPatent amendedMunich Local Division found infringement of EP 2 387 547 (water filter cartridge patent) in an amended form and issued a permanent injunction against the defendants (AQUASHIELD entities). The patent was maintained in an amended form pursuant to auxiliary requests. The Court also ordered disclosure of information and declared defendants liable for damages from 23 May 2019. The infringement claim was partly dismissed and costs split 50/50.
2025-08-22UPC_CFI_459/2023Dusseldorf LDGeneric applicationProcedural onlyDüsseldorf Local Division suspended the file access proceedings under R.262.1(b) RoP concerning the Tridonic/CUPOWER infringement case, pending ongoing settlement negotiations in the parallel main proceedings, with consent of all parties.
2025-08-21UPC_APP_34793/2025Court of AppealGeneric applicationProceduralProcedural onlyThe Court of Appeal disregarded applications filed by Seoul Viosys after the oral hearing had closed, ruling that parties must refrain from further communications with the court after an oral hearing and there is no need to summarise oral argument in writing.
2025-08-21UPC_APP_34702/2025Hamburg LDGeneric applicationProceduralProcedural onlyThe Hamburg Local Division judge-rapporteur refused HMD Global's application for a one-month extension of the deadline to file its defence in SEP infringement proceedings brought by Fraunhofer-Gesellschaft, finding that the complexity of the case and concurrent vacation period did not justify an extension.
2025-08-21UPC_APP_34962/2025Munich LDApplication RoP262AProceduralProcedural onlyThe Munich Local Division (Panel 2) issued a confidentiality order under R. 262A RoP in SEP/FRAND infringement proceedings, protecting Huawei's licence agreements submitted in response to MediaTek's R. 190 document production request, while specifying who may access the confidential information.
2025-08-21ORD_35283/2025Court of AppealGeneric OrderProceduralProcedural onlyOrder from the Court of Appeal (UPC_CoA_363/2025) dismissing Microsoft's request for rectification of a Court of Appeal decision by default against Suinno Mobile & AI Technologies under R. 353 RoP. Microsoft sought to add a R. 356.3 RoP notice (that a further default decision would be final) to the decision. The Court held that such a notice must be requested in the proceedings concerning the default decision itself, and could not be added retrospectively by way of rectification.
2025-08-21UPC_APP_35051/2025Court of AppealApplication RoP262AProceduralProcedural onlyCourt of Appeal order on a confidentiality application (R. 262A RoP) filed by Kodak (appellants/defendants) in appeal proceedings concerning Fujifilm's infringement action. The order addresses confidentiality of trade secrets and commercially sensitive information in the grounds of appeal, confirming that the requirements of the Court's electronic case management system do not override the Rules of Procedure and the Court's case law. No substantive ruling on infringement or validity.
2025-08-21ACT_13359/2024Dusseldorf LDInfringement ActionProceduralProcedural onlyProcedural order in infringement proceedings by Hartmann Packaging A/S against Omni-Pac entities (Düsseldorf Local Division) concerning EP 2 755 901 B1 (egg packaging). The order closes the interim procedure, provides the panel's preliminary view on the skilled person definition and provides the parties with feature analyses for claims 1, 5 and 6. Claimant cautioned about potential indefiniteness of its recall request and corrected the basis for preliminary damages. Parties given deadline until 28 August 2025 for uploads before oral hearing.
2025-08-21UPC_APP_35194/2025Court of AppealGeneric applicationProceduralProcedural onlyCourt of Appeal order denying Yealink's request for simultaneous interpretation at the oral hearing in provisional measures proceedings. The Court held that a party must justify the need for court-ordered simultaneous interpretation; the fact that the defendant is based in a non-English speaking country or that company officials will have difficulties following proceedings does not generally justify such an order. The same applies to interpretation at the parties' own cost. A party may instead engage a private interpreter at its own expense with two weeks' notice to the Registry (R. 109.4 RoP).
2025-08-21UPC_APP_26908/2025The Hague LDGeneric applicationEvidenceProcedural onlyThe Hague Local Division dismissed Black Sheep Retail Products B.V.'s application to deposit three physical objects as late exhibits in the infringement and counterclaim for revocation proceedings against HL Display AB (UPC_CFI_386/2024, EP 2 432 351). The Court rejected the application because no explanation was given as to why the physical objects could not have been filed together with the rejoinder of 20 February 2025.
2025-08-21UPC_APP_34189/2025Paris CDGeneric applicationProceduralSettledParis Central Division ordered the release of a EUR 25,000 security for procedural costs deposited by Ballinno B.V. (the defendant in a revocation action) to Kinexon Sports & Media GmbH (the claimant), following a settlement agreement between the parties. The main revocation action had been decided on 30 April 2025 (EP 1 944 067 revoked). The court applied Rule 352.2 RoP by analogy, noting the conclusion of the proceedings and the settlement.
2025-08-21ACT_30657/2025Dusseldorf LDGeneric applicationProceduralProcedural onlyDüsseldorf Local Division granted a joint application by both parties to stay the infringement proceedings under R.295(d) and R.296.2 RoP pending ongoing settlement negotiations. The stay was granted until reinstitution of proceedings at the request of either party. This is the underlying infringement action UPC_CFI_580/2025 (Tridonic v. Inventronics).
2025-08-21UPC_APP_33358/2025Court of AppealApplication Rop313ProceduralWithdrawnThe UPC Court of Appeal granted the withdrawal of an intervention application filed by LIFE 365 S.R.L. and LIFE 365 ITALY S.P.A. in an appeal (LAMA v Hewlett-Packard) concerning patents EP2089230 and EP1737669, as the underlying appeal had already been closed before the intervention request was filed.
2025-08-21UPC_APP_33358/2025Court of AppealApplication Rop313ProceduralWithdrawnCourt of Appeal granted the application by Life 365 S.r.l. and Life 365 Italy S.p.A. to withdraw their application to intervene (R. 313 RoP), following a settlement between LAMA and HPDC in the underlying appeal proceedings. The parties in the main appeal had already withdrawn all their claims by decision of 24 July 2025.
2025-08-21UPC_CFI_248/2025Munich LDApplication RoP262AProcedural onlyThe Munich Local Division issued a procedural order in Huawei's infringement action against MediaTek entities (Dimensity-series 5G chips, EP 3 905 840 B1) concerning a confidentiality protection application (R. 262A RoP) in relation to a request for production of licence agreements (R. 190 RoP). The order dealt with the treatment of confidential information submitted alongside a FRAND/compulsory licence antitrust defence.
2025-08-21UPC_CFI_386/2024The Hague LDGeneric applicationProceduralProcedural onlyThe Hague Local Division dismissed Black Sheep Retail Products B.V.'s application to submit two physical objects (its old product and a new product) as exhibits in support of its rejoinder in infringement proceedings brought by HL Display AB concerning EP 2 432 351. The court found no explanation had been provided for why the objects could not have been filed earlier, notably with the Statement of Defence.
2025-08-20APL_20125/2025Court of AppealApplication to leave to appeal a cost decision (RoP221)CostsProcedural onlyThe Court of Appeal ruled on an application for leave to appeal a cost decision and on a preliminary reference request to the CJEU (Art. 267 TFEU), providing extensive guidance on when the UPC must refer questions of EU law, while rejecting expert klein's proposed preliminary reference questions as not requiring a referral.
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