Decisions
| Date | Case | Division | Action | Motion | Outcome | Summary |
|---|---|---|---|---|---|---|
| 2026-03-11 | UPC_CoA_934/2025 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | Settled | Court of Appeal accepted the withdrawal of the application for provisional measures following an out-of-court settlement between the parties. The Düsseldorf Local Division had previously granted provisional measures to Roche against Menarini entities. Following settlement, the proceedings were declared terminated. Each party bears its own costs. |
| 2026-03-04 | UPC_CoA_678/2025 | Court of Appeal | Generic Order | Procedural | Procedural only | The Court of Appeal (judge-rapporteur Emmanuel Gougé) granted Hurom Co., Ltd.'s application for further exchanges of written pleadings (R. 36 RoP) in the appeal against the Paris Local Division's decision of 23 May 2025 dismissing Hurom's infringement claims and revoking several claims of EP 3 155 936. The CoA allowed further pleadings because Hurom had introduced two new auxiliary requests on appeal (not filed at first instance) and NUC had responded with new prior art documents (D5, D6) and invalidity arguments that Hurom had not yet had an opportunity to address. The principles of due process and the right to be heard justified the further exchange. |
| 2025-03-26 | UPC_CoA_290/2024 | Court of Appeal | Appeal RoP220.1 | — | Costs only | The Court of Appeal dismissed Stäubli's appeal against the Paris Central Division's cost order in a revocation action in which the patent holders surrendered their patent after proceedings commenced. The Court upheld an equitable exception to the general rule (Art. 69(1) UPCA) that the unsuccessful party bears costs: where a claimant files a revocation action without the patent holder giving cause, and the patent holder surrenders the patent immediately at the outset and concurrently files a revocation request with the EPO under Art. 105a EPC, the claimant may bear the costs. The Court applied equity because the patent holders had announced timely surrender and completed formalities only 8 days late without causing extra costs. |