UPClytics

Decisions

DateCaseDivisionActionMotionOutcomeSummary
2026-02-13UPC_CFI_770/2024Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division issued a post-interim-conference order in Pirelli v. Sichuan Yuanxing Rubber, resolving preliminary objections (with SYR withdrawing a service objection) and addressing admissibility of photographs and product samples from the earlier seizure.
2026-01-28UPC_CFI_727/2024Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division issued a post-interim-conference order in Agathon AG v. Intercom s.r.l. and KNARR Vertriebs GmbH, setting out rulings on admissibility of technical drawings filed by the claimant and the handling of conditional auxiliary requests per R. 30.1 RoP.
2026-01-08UPC_CFI_377/2025Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division partially granted Primetals Technologies' application for an order to produce evidence under Art. 59 UPCA / R. 190 RoP, requiring Danieli to disclose documents relating to alleged infringement of EP 2 624 977 in steel coiling installations supplied to Hoa Phat Group in Vietnam.
2025-12-12UPC_CFI_146/2024Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a rectification order under Rule 353 RoP correcting factual errors in a prior decision in the Sanofi v. Stada/Dr Reddy/Zentiva proceedings, including corrections regarding marketing authorisation holders and expert witness attribution.
2025-12-12UPC_CFI_146/2024Munich LDInfringement ActionInfringement meritsRevokedThe Munich Local Division found patent EP 2 493 466 (relating to cabazitaxel pharmaceutical formulations) invalid for lack of inventive step in infringement proceedings brought by Sanofi against STADA, Dr. Reddy's and Zentiva entities, dismissing the infringement claims.
2025-11-19UPC_CFI_802/2024Milan LDInfringement ActionInfringement meritsInfringedThe Milan Local Division issued a default judgment against the defendants (Gastroteam Abbe AB and Marciuliano Attrezzature) for infringement of Morello Forni's patent rights, ordering an injunction and information disclosure regarding the 'Pizza Former' machine, as defendants failed to participate in proceedings.
2025-11-18UPC_CFI_187/2024The Hague LDInfringement ActionInfringement meritsNot infringedThe Hague Local Division decided in proceedings on infringement and counterclaim for revocation concerning Advanced Cell Diagnostics' RNAscope technology patents (EP 1 910 572 and EP 2 500 439) against Molecular Instruments; the decision addressed novelty, inventive step, and infringement of in situ hybridisation method claims.
2025-10-27UPC_CFI_178/2024Milan LDInfringement ActionInfringement meritsRevokedThe Milan Local Division revoked EP 2 726 230 B1 (mesh production method and device) in its entirety following the defendants' counterclaim, dismissed the application to amend the patent, and dismissed the infringement action; claimant Progress Maschinen bore the majority of costs.
2025-10-27UPC_CFI_178/2024Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division issued a rectification order under R. 353 RoP correcting an inaccuracy in the header of its 27 October 2025 decision by adding the full list of defendants' legal representatives (Studio Legale Costa-Creta).
2025-10-09UPC_CFI_132/2024Mannheim LDInfringement ActionInfringement meritsNot infringedThe Mannheim Local Division dismissed both the infringement action by Total Semiconductor LLC against Texas Instruments entities concerning EP 2 746 967 (DVFS processor) and the counterclaim for revocation, finding no infringement due to insufficiently substantiated assertions and the patent remaining valid.
2025-10-07UPC_CFI_226/2025Milan LDApplication Rop 360ProceduralSettledThe Milan Local Division closed the infringement proceedings between Hypertherm Inc. and Tec.Mo. s.r.l. under R. 360 RoP after the parties reached a settlement agreement, with costs compensated between the parties and partial court fee reimbursement ordered.
2025-07-31ACT_953/2024Nordic-Baltic RDInfringement ActionInfringement meritsInfringedDecision by Nordic-Baltic Regional Division (UPC_CFI_9/2024, 31 July 2025) finding Sioen NV liable for infringement of EP 2 186 428 B2 (protective workwear / clothing) across 16 UPC member states. An injunction was granted, product recall and destruction ordered, information on sales required, damages declared owing, and EUR 50,000 awarded as interim legal costs. All other requests were dismissed.
2025-07-17UPC_CFI_145/2024Munich LDGeneric OrderProcedural onlyProcedural order of the Munich Local Division (presiding judge Zigann) following the interim conference of 17 July 2025 in four consolidated pharmaceutical patent infringement actions by Sanofi and related entities against generics companies (Accord Healthcare, STADA, Dr. Reddy's, Zentiva) concerning EP 2 493 466. Points addressed: EPO Board of Appeal had upheld the patent but had not yet published its written reasoned decision; French parallel first-instance decisions invalidating the French designation were under appeal; defendants wished to comment on EPO BoA written reasons within three weeks of availability. No substantive infringement ruling.
2025-05-14UPC_CFI_132/2024Mannheim LDGeneric applicationProceduralProcedural onlyProcedural order in infringement action by TOTAL SEMICONDUCTOR against Texas Instruments entities. Decision on Claimant's request for a further written submission under Rules 12.5 and 36 RoP in response to Defendants' rejoinder: final decision partially postponed to the oral hearing; request otherwise rejected. The court found no new arguments by Defendants requiring a response beyond what was already permitted.
2025-05-09UPC_CFI_241/2023Milan LDGeneric OrderCostsCosts onlyThe Milan Local Division issued a costs decision pursuant to Rule 156 RoP following a prior merits judgment (ORD_598484/2023) in favour of Oerlikon Textile against Bhagat Textile Engineers for infringement of EP 2 145 848. The court awarded Oerlikon EUR 80,000 in recoverable representation costs (EUR 65,000 for the main action and EUR 15,000 for the preservation of evidence proceedings), reduced from the claimed EUR 120,425.28, on the basis that the case was relatively straightforward with no validity or infringement dispute by the defendant.
2025-05-08UPC_CFI_145/2024Munich LDGeneric OrderProcedural onlyProcedural order in consolidated Sanofi v. Accord Healthcare / Dr Reddy's / betapharm infringement proceedings at Munich Local Division. The judge-rapporteur declined to dispose of the case summarily and determined it would be more efficient to await the outcome of pending EPO Board of Appeal proceedings concerning the patent before deciding difficult substantive issues at an oral hearing.
2025-05-08UPC_CFI_145/2024Munich LDGeneric OrderProcedural onlyProcedural order from Munich Local Division dated 8 May 2025 (unredacted version) in the consolidated infringement proceedings of Sanofi against Accord Healthcare, Stada, Dr. Reddy's and Zentiva regarding EP 2 493 466. The order sets the timetable for further proceedings, confirms the interim conferences (including one focused on EPO BoA appeal outcome on 17 July 2025), and sets the main interim conference for 12 September 2025 and oral hearing dates for 14–17 October 2025. The order also addresses outstanding procedural issues including Zentiva's request to strike Malta from the revocation request, and provides guidance on the panel's preliminary views on damages calculation and infringement.
2025-04-28UPC_CFI_319/2024Milan LDApplication RoP262AProcedural onlyOrder from the Milan Local Division dated 28 April 2025 on R. 262A RoP applications filed by ASUSTek Computer Inc., Arvato Netherlands B.V. and Digital River Ireland Ltd. in infringement proceedings (and related counterclaim for revocation) brought by Telefonaktiebolaget LM Ericsson regarding EP 3 076 673. The court ruled on access restrictions for the 'Asustek Confidential Documents', limiting access to specified representatives, one licensing/valuation expert, and one designated company representative, subject to strict confidentiality obligations.
2025-04-28UPC_CFI_318/2024Milan LDApplication RoP262AProcedural onlyThe Milan Local Division (Judge-Rapporteur) issued an order in the infringement action by Telefonaktiebolaget LM Ericsson against ASUSTek Computer, Arvato Netherlands and Digital River Ireland concerning EP 3 076 673. The defendants' applications under R. 262A and R. 262.2 RoP sought confidential treatment ('external eyes only') for certain Asustek documents in both the main action and the related counterclaim for revocation. The court ruled on the conditions for granting an 'external eyes only' regime, finding it available in cases of proven risk of conflict between the patent system and antitrust law.
2025-04-07UPC_APP_67917/2024Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division granted Dainese S.p.A. leave under R.263.3 RoP to limit its claims by excluding all arguments and requests relating to EP 3 498 117 (EP'117), following the EPO Board of Appeal limiting the scope of that patent shortly before the oral proceedings. The action continues in respect of EP 4 072 364 (EP'364) only. The Court rejected Dainese's request for partial reimbursement of court fees (EUR 12,000) as insufficiently reasoned. The defendants' request for a costs decision under R.265(2) RoP was deferred to the final decision. Key headnotes: R.263.3 RoP applies both to limitation of relief (petitum) and limitation of the cause of action (causa petendi); costs are not addressed immediately under R.263 as proceedings continue.
2025-01-29UPC_CFI_468/2023Paris LDApplication Rop 365SettledThe Paris Local Division confirmed the settlement between C-KORE and NOVAWELL pursuant to Rule 365 RoP. The infringement proceedings and the counterclaim for revocation were dismissed. The details of the settlement remain confidential. No order as to costs.
2025-01-14UPC_CFI_145/2024Munich LDApplication RoP262AProcedural onlyProcedural order from Munich Local Division dated 14 January 2025 regarding R. 262A RoP confidentiality applications filed by defendants (Accord Healthcare, Stada, Dr. Reddy's, Zentiva) in Sanofi's infringement actions concerning EP 2 493 466. The order defines which representative and company personnel on each defendant's side are permitted access to unredacted versions of confidential documents produced in the proceedings.
2024-12-17ACT_549550/2023Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division issued a pre-trial conference order in Oerlikon v Himson's infringement and revocation proceedings for EP 2 145 848 B1, addressing pending issues including infringement evidence, damages, the Rule 119 penalty request, and setting the case value at EUR 2,000,000 for cost ceiling purposes.
2024-12-17UPC_CFI_240/2023Milan LDInfringement ActionProceduralProcedural onlyProcedural order (interim conference summary) of Milan Local Division in Oerlikon Textile v Himson Engineering (EP 2 145 848). The order summarises the procedural history (evidence preservation order, infringement and revocation counterclaim), the issues discussed at the interim conference (settlement proposals, claim construction, auxiliary requests) and confirms procedural arrangements for the oral hearing. Seven auxiliary requests remain before the court.
2024-11-04UPC_CFI_241/2023Milan LDInfringement ActionInfringement meritsPermanent injunctionDecision on the merits by the Milan Local Division (full panel) in an infringement action by Oerlikon Textile GmbH & Co KG against Bhagat Textile Engineers (India) concerning a texturing/structuring machine exhibited at ITMA 2023. The defendant did not contest infringement or validity. The court refused to stay proceedings pending parallel revocation proceedings against the same patent by a different defendant. The court granted a permanent injunction prohibiting sale and promotion of the infringing machine in Italy and Germany, imposed a penalty of EUR 12,000 per breach payable to the court, awarded provisional damages of EUR 15,000, set the case value at EUR 750,000, and ordered Bhagat to bear 80% of costs (with 20% offset for Oerlikon's behavior during settlement negotiations).
2024-11-04UPC_CFI_241/2023Milan LDInfringement ActionInfringement meritsInfringedMilan Local Division found that Bhagat Textile Engineers infringed EP 2 145 848 by exhibiting its texturing machine at ITMA fair in June 2023. The Court issued a permanent injunction against sales in Italy and Germany, imposed a penalty of EUR 12,000 per violation, and ordered provisional damages of EUR 15,000. Costs were 80% charged to Bhagat, 20% compensated between parties.
2024-10-29ACT_953/2024Nordic-Baltic RDInfringement ActionProceduralProcedural onlyThe Nordic-Baltic Regional Division issued a post-interim-conference order in infringement proceedings, setting the value of the action at EUR 500,000, closing the written procedure, partially referring a preliminary objection issue to main proceedings, and allowing certain expert evidence previously contested by the defendant.
2024-09-17UPC_CFI_240/2023Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division refused Oerlikon's request to admit an eighth auxiliary request to amend EP 2 145 848 B1, finding that AR8 did not constitute an effective response to the new prior art relied upon and that it introduced an inadmissible intermediate generalisation contrary to Art. 84 EPC.
2024-09-17UPC_CFI_240/2023Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division refused Oerlikon's request to admit an eighth auxiliary request to amend EP 2 145 848 B1, finding that AR8 did not constitute an effective response to the new prior art relied upon and that it introduced an inadmissible intermediate generalisation contrary to Art. 84 EPC.
2024-07-23UPC_CFI_240/2023Milan LDGeneric OrderProceduralProcedural onlyProcedural order of the Milan Local Division (in Italian) in Oerlikon Textile v Himson Engineering (EP 2 145 848) granting Oerlikon's application for a confidentiality order under R. 262A RoP over financial information provided in reply to a R. 158 RoP request. The court constituted a confidentiality club comprising only legal representatives of Himson (not the party itself), consistent with the financial sensitivity of the documents.
2024-06-06ACT_549585/2023Milan LDInfringement ActionProceduralProcedural onlyProcedural order in infringement proceedings by Oerlikon Textile GmbH & Co. KG against Bhagat Textile Engineers (Milan Local Division). The judge-rapporteur set the provisional value of the case at EUR 750,000 for purposes of recoverable costs ceiling. Access to expert report obtained via preservation-of-evidence order was granted to both parties. Deadlines were set for submission of additional documents and a case summary ahead of the oral hearing scheduled for 27 September 2024.
2024-05-14UPC_CFI_241/2023Milan LDGeneric OrderProceduralProcedural onlyProcedural order (in Italian) requiring parties to submit a summary of issues to be addressed at the forthcoming Interim Conference and to notify the court of attendees' names and capacities. The order also addressed the balance between the transparency principle and the right to protect confidential information, particularly regarding costs information in a case where a settlement may have been under discussion.
2024-02-12UPC_CFI_425/2023Paris LDGeneric OrderProceduralProcedural onlyThe Paris Local Division issued a procedural order extending and aligning time limits for multiple defendants to file their statements of defence in the infringement action brought by Abbott Diabetes Care, following an oral agreement at a case management meeting on a reasonable date.
2023-09-27UPC_CFI_240/2023Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division rejected a Rule 262.1(b) request for case file access filed by a lawyer claiming to represent Himson Engineering, holding that a lawyer who is party-affiliated (even without formal appearance) is not a 'third party' within the meaning of Rule 262.1(b) and cannot access the file before service is complete.
2023-07-21UPC_CFI_241/2023Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division ordered service of the Statement of Claim on defendants without transmitting the approximately 2,000 pages of exhibits, with the claimant's consent.
2023-07-21UPC_CFI_240/2023Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division ordered that the Statement of Claim be served on the defendants without transmitting copies of the approximately 2,000 pages of attached exhibits, with the claimant's prior consent.
2023-06-26UPC_CFI_57/2023Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division ordered that service of the Statement of Claim on Autostore defendants be effected without attaching copies of the approximately 2,000 pages of exhibits, with the claimant's consent, in the interest of efficiency.
2023-06-26UPC_CFI_57/2023Milan LDInfringement ActionProceduralProcedural onlyThe Milan Local Division panel issued a procedural order setting out next steps in Ocado Innovation's infringement action against Autostore, following the initial service phase.