UPClytics

Decisions

DateCaseDivisionActionMotionOutcomeSummary
2026-02-19UPC_CFI_541/2025Dusseldorf LDInfringement ActionProceduralProcedural onlyThe Düsseldorf Local Division issued an order on Wizart's request for security for costs under R. 158 RoP in proceedings against Leap Tools (Canada), addressing whether the claimant's Canadian domicile and financial situation justify ordering security.
2026-02-18UPC_CFI_466/2025Dusseldorf LDApplication RoP262AProceduralProcedural onlyProvisional procedural order of the Düsseldorf Local Division (judge-rapporteur Dr. Zhilova) on an application by defendants Zapp AG and Zapp Precision Metals GmbH for protection of confidential information under Rule 262A RoP. The defendants sought to restrict access to specific paragraphs of their defense pleadings (Duplik) and certain exhibits (HE 137-145) as trade secrets. The order addressed the classification of the information as confidential and the specification of which persons would be granted access.
2026-02-16UPC_CFI_716/2025Dusseldorf LDApplication Rop 265ProceduralSettledDecision permitting ETRI's withdrawal of the infringement action (EP 2 258 692 B1 / EP 3 258 692 B1) against Hisense Gorenje and others following a settlement. Each party bears its own costs. 60% of court fees (EUR 14,400) reimbursed to Claimant. Value in dispute set at EUR 2,500,000.
2026-02-11UPC_CFI_1648/2025Dusseldorf LDApplication Rop 265ProceduralSettledThe Düsseldorf Local Division accepted the withdrawal of Avago Technologies' infringement action against Telefónica Germany concerning EP 1 954 091, noting the parties had reached an out-of-court agreement rendering a cost decision unnecessary.
2026-02-11UPC_CFI_351/2024Dusseldorf LDInfringement ActionInfringement meritsInfringedThe Düsseldorf Local Division found Canon's developer supply container patent EP 3 686 683 infringed by Katun and General Plastic entities, granting an injunction and ordering defendants to publish the operative part of the decision on their websites; the counterclaim for revocation was dismissed.
2026-02-11UPC_CFI_336/2024Dusseldorf LDApplication Rop 265ProceduralProcedural onlyThe Düsseldorf Local Division issued a decision under R. 265 RoP on the withdrawal or termination of proceedings in case UPC_CFI_336/2024.
2026-01-28UPC_CFI_315/2024Dusseldorf LDInfringement ActionInfringement meritsNot infringedThe Düsseldorf Local Division dismissed Labrador Diagnostics' infringement action concerning EP 3 756 767 against bioMérieux entities, finding no infringement after the Central Division amended the patent claims; the court was bound by the amended claim wording and validity was no longer decisive.
2026-01-15UPC_CFI_100/2024Dusseldorf LDInfringement ActionInfringement meritsNot infringedFinal decision on the merits in the infringement action by Ona Patents SL against Google Ireland Limited and others (EP 2 263 098 B1, Wi-Fi positioning patent). The court dismissed the infringement action, finding no direct infringement (the accused product did not possess every claimed component). The counterclaim for revocation was also dismissed (patent maintained as valid). Claimant to bear costs of the infringement action; 80% of counterclaim costs to defendants, 20% to claimant. Value in dispute: EUR 6,000,000 (infringement) and EUR 9,000,000 (counterclaim). Key headnotes: register governs proprietor standing; each component of a product must be present for direct infringement.
2025-12-30UPC_CFI_648/2025Dusseldorf LDInfringement ActionInfringement meritsWithdrawnThe Düsseldorf Local Division allowed ETRI's withdrawal of its patent infringement action against Shenzhen Transsion and related defendants. Each party bears its own costs; 60% of court fees were reimbursed to the claimant.
2025-12-29UPC_CFI_351/2024Dusseldorf LDInfringement ActionProceduralProcedural onlyThe Düsseldorf Local Division addressed Canon's request for simultaneous interpretation from English into Japanese during the oral hearing, for corporate representatives joining remotely from Japan.
2025-12-10UPC_CFI_351/2024Dusseldorf LDGeneric OrderProceduralProcedural onlyThe Düsseldorf Local Division issued a post-interim-conference order in the Canon v. Katun proceedings, setting the feature breakdown of claim 1 of EP 3 686 683 to be used at the oral hearing.
2025-12-10UPC_CFI_316/2024Dusseldorf LDCounterclaim for revocationRevocation meritsInfringedThe Düsseldorf Local Division found indirect infringement of EP 2 061 575 B1 by Altech Makina and granted an injunction with removal from channels of commerce, while dismissing the revocation counterclaim; the infringement action was otherwise dismissed in part, with claimant bearing 30% and defendant 70% of costs.
2025-12-04UPC_CFI_307/2025Dusseldorf LDGeneric OrderProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order in the Aesculap v. Shanghai Bojin medical instrument case, scheduling the oral hearing and addressing requests for claim extension (R. 263), addition of a party (R. 305), and reinstatement in prior status (R. 320).
2025-11-20UPC_CFI_351/2024Dusseldorf LDGeneric OrderProceduralProcedural onlyThe Düsseldorf Local Division granted Canon's application for a further round of written pleadings under R. 36 RoP against Katun, to address the EPO Opposition Division's preliminary opinion and additional test purchases of allegedly infringing toner cartridge products.
2025-11-19UPC_CFI_87/2025Dusseldorf LDGeneric OrderProceduralProcedural onlyThe Düsseldorf Local Division ruled on InterDigital's application for a further round of written pleadings under R. 36 RoP against Disney entities in a video streaming patent case concerning EP 2 449 782.
2025-11-17UPC_CFI_541/2025Dusseldorf LDApplication Rop 265ProceduralWithdrawnThe Düsseldorf Local Division permitted the claimant to withdraw the infringement action against Defendant 2 (Wizart LLC) under R. 265.1 RoP after Defendant 1 asserted that Wizart LLC was a non-existent entity; the statement of claim had not yet been served on Defendant 2.
2025-11-07UPC_CFI_1041/2025Dusseldorf LDGeneric OrderProceduralProcedural onlyThe Düsseldorf Local Division ruled on Micron's application to extend procedural deadlines (preliminary objections and statement of defence) in a large-scale YMTC v. Micron patent infringement campaign, partially granting extended deadlines.
2025-10-15UPC_CFI_541/2025Dusseldorf LDGeneric OrderProceduralProcedural onlyThe Düsseldorf Local Division granted the claimant's application to serve the statement of claim on Defendant 2 (Wizart LLC) by an alternative method — delivery to the CEO's business address in Poland — after service at the registered address had failed.
2025-10-15UPC_CFI_115/2025Dusseldorf LDGeneric OrderRevocation meritsPartially revokedThe Düsseldorf Local Division found that the infringement action failed (patent not infringed) while partially upholding the defendants' counterclaim for revocation: the patent EP 2 755 901 B1 (egg packaging) was revoked in part, with the counterclaim otherwise dismissed. Priority, inventive step, and equivalence were the key issues.
2025-10-14UPC_CFI_807/2024Dusseldorf LDApplication Rop 333ProceduralProcedural onlyThe panel dismissed the defendants' application for review of a case management order (R. 333 RoP) concerning an auxiliary request for claim amendment in a stroller swivel-locking device infringement action. The judge-rapporteur's procedural order was confirmed.
2025-10-14UPC_CFI_135/2024Dusseldorf LDGeneric OrderProceduralProcedural onlyThe Düsseldorf Local Division issued an order cancelling the scheduled oral hearing in the Dolby v Beko/Arçelik infringement proceedings concerning EP 3 605 534 B1 (audio coding), due to the unavailability of one of the lead counsel for personal reasons.
2025-10-14UPC_CFI_100/2024Dusseldorf LDGeneric OrderProceduralProcedural onlyThe Düsseldorf Local Division issued a further procedural order under R. 35 and 36 RoP in the Ona Patents v Google infringement proceedings (EP 2 263 098), addressing procedural steps in the case.
2025-10-13UPC_CFI_100/2024Dusseldorf LDApplication Rop 333ProceduralProcedural onlyThe Düsseldorf Local Division issued a R. 333 RoP review order in the Ona Patents v Google infringement proceedings concerning EP 2 263 098 B1 (Wi-Fi positioning), addressing procedural aspects of the case management.
2025-10-02UPC_CFI_496/2025Dusseldorf LDGeneric OrderProceduralProcedural onlyThe Düsseldorf Local Division issued a rectification order correcting a clerical error in the decision of 29 September 2025 in the Headwater v Samsung proceedings concerning EP 3 110 072.
2025-09-29UPC_CFI_496/2025Dusseldorf LDApplication Rop 265ProceduralWithdrawnThe Düsseldorf Local Division recorded Headwater Research LLC's withdrawal of its infringement action against Samsung Electronics entities concerning EP 3 110 072, with 60% of court fees reimbursed as the withdrawal occurred before closure of the written procedure.
2025-09-26UPC_CFI_315/2024Dusseldorf LDProcedural OrderProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order under R. 108 RoP in the infringement action by Labrador Diagnostics LLC against bioMérieux entities concerning EP 3 756 767 B1 (diagnostic testing apparatus).
2025-09-26UPC_CFI_26/2024Dusseldorf LDWithdrawal (RoP265)WithdrawalWithdrawnThe Düsseldorf Local Division recorded the withdrawal by Headwater Research LLC of its infringement action (EP 3 110 069) against Samsung Electronics entities after the court had issued a decision on 30 July 2025 dismissing the infringement action and revoking the patent; both parties to bear own costs.
2025-09-17UPC_CFI_99/2024Dusseldorf LDGeneric applicationCosts onlyOrder from the Düsseldorf Local Division dated 17 September 2025 concerning reimbursement of court fees under R. 370.9 and R. 370.11 RoP. The infringement action (filed March 2024 by Ona Patents SL against Apple entities) and subsequently a counterclaim for revocation (filed August 2025 by Apple) were pending when the order was issued. The order deals specifically with court fee reimbursement procedural matters; no substantive ruling on infringement or validity was made.
2025-09-05UPC_CFI_99/2024Dusseldorf LDApplication Rop 265WithdrawnThe Düsseldorf Local Division granted Ona Patents SL leave to withdraw its patent infringement action against Apple entities concerning EP 2 263 098 B1. Simultaneously, the defendants withdrew their counterclaim for revocation. The parties agreed that each side bears its own costs, and no cost decision was issued. The proceedings were declared closed.
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.
2025-08-14UPC_CFI_135/2024Dusseldorf LDGeneric applicationProceduralProcedural onlyProcedural order granting Dolby's application to file an additional written submission pursuant to Rule 36 RoP in the infringement action against Beko/Arçelik, as Dolby made the request before the judge-rapporteur intended to close the written procedure.
2025-08-04UPC_CFI_519/2024Dusseldorf LDGeneric OrderProceduralProcedural onlyDüsseldorf Local Division issued a procedural order on the handling of multiple related infringement actions and counterclaims for revocation concerning three patents, deciding on the approach under Art. 33(3)(a) UPCA before close of written procedure.
2025-08-01UPC_CFI_100/2024Dusseldorf LDGeneric OrderProceduralProcedural onlyProcedural order requiring further written submissions from the parties in the infringement action concerning patent ownership and the presentation of exhibits. The court noted inconsistencies in the claimant's statements on patent ownership and directed supplementary presentations.
2025-07-30ACT_3932/2024Dusseldorf LDInfringement ActionInfringement meritsRevokedThe Düsseldorf Local Division dismissed Headwater Research LLC's infringement action against Samsung and revoked European patent EP 3 110 069 B1 to the extent of claim 1, on the basis of a successful counterclaim for revocation; all costs were borne by the claimant. The court also rejected a new argument on added matter as inadmissible under R. 9.2 RoP.
2025-07-29UPC_CFI_336/2024Dusseldorf LDGeneric applicationProceduralProcedural onlyProcedural order in infringement action by Maxeon Solar Pte. Ltd. against Aiko/Memodo/Libra/VDH Solar/PowerDeal/Coenergia entities (EP 3 065 184 B1, solar panels) on the cost ceiling under Rule 158 RoP. The court held that when a claim is brought against multiple defendants without specifying their respective liability, all defendants must have an equal opportunity to defend against the alleged infringement as a whole, and the cost ceiling should reflect the claim as brought against all defendants collectively.
2025-06-16UPC_CFI_140/2024Dusseldorf LDInfringement ActionInfringedDecision of the Düsseldorf Local Division finding that Curio Bioscience infringes EP 2 697 391 B1 owned by 10x Genomics. The court ordered: (A) cessation of the infringing acts in UPC member states; (B) recall from distribution channels; (C) permanent removal from distribution channels; (D) rendering of accounts; (E) damages for acts after 30 November 2019; (F) periodic penalty payments of up to EUR 100,000 per day. The action was dismissed in other respects. Costs: borne 30% by claimant, 70% by defendant. Value in dispute set at EUR 3,000,000; ceiling for recoverable representation costs EUR 400,000.
2025-06-15UPC_CFI_26/2024Dusseldorf LDInfringement ActionProceduralProcedural onlyDüsseldorf Local Division dismissed Samsung's application for security for costs against Headwater Research LLC under R. 158 RoP. The Court found that while enforcing a cost order against a US-domiciled entity might be more burdensome, the evidence showed Headwater generates recurring revenues from licensing, making the concern about non-recovery insufficiently justified.
2025-06-12UPC_CFI_351/2024Dusseldorf LDGeneric OrderProceduralProcedural onlyProcedural order in Canon v. Katun/General Plastic infringement action. The Düsseldorf Local Division decided under R. 37.2 RoP to proceed jointly with both the infringement action and the counterclaim for revocation (Art. 33(3)(a) UPCA) for reasons of efficiency, allowing validity and infringement to be decided on a unified factual record.
2025-06-02UPC_CFI_504/2023Dusseldorf LDApplication Rop 365SettledThe court confirmed a partial settlement between the claimants (Roche) and defendants 1 and 2 (Tandem Diabetes Care Inc. and Tandem Diabetes Care Europe B.V.) pursuant to Rule 365.1 RoP. The details of the settlement are confidential. Proceedings against defendants 3 to 6 continue. Each settling party bears its own costs.
2025-05-27UPC_CFI_11/2024Dusseldorf LDGeneric applicationProcedural onlyThe Düsseldorf Local Division issued a rectification order (R. 353 RoP) correcting obvious errors in the operative part of the decision issued on 8 May 2025 in the infringement action by Grundfos Holding A/S against Hefei Xinhu Canned Motor Pump Co., Ltd. concerning EP 2 778 423 B1. The corrections addressed typographical cross-referencing errors in the accounting and rendering of accounts obligations. The defendant did not oppose the rectification.
2025-05-13ACT_597355/2023Dusseldorf LDInfringement ActionInfringement meritsNot infringedThe Düsseldorf Local Division dismissed Sanofi and Regeneron's infringement action and Amgen's counterclaim for revocation concerning EP3536712 (a second medical use patent for evolocumab in paediatric patients), finding no infringement of the second medical use claim and that the counterclaim for revocation was also unfounded, with each side bearing the costs of the proceedings they lost.
2025-05-08ACT_2097/2024Dusseldorf LDInfringement ActionInfringement meritsInfringedDüsseldorf Local Division final decision in infringement action (with revocation counterclaim) concerning a pump patent (EP 2 778 423 B1), by Grundfos against a Chinese manufacturer (Hefei Xinhu Canned Motor Pump). The court found infringement, granted an injunction, ordered accounting/information, recall from distribution channels, and declared liability for damages from 28 February 2018. The revocation counterclaim was dismissed. Defendant bears all costs. The court addressed the admissibility of new prior art raised for the first time in the defendant's rejoinder to the revocation counterclaim, holding that such new attacks require a convincing explanation of why they could not have been included earlier.
2025-04-10ACT_6665/2024Dusseldorf LDInfringement ActionInfringement meritsInfringedFinal decision on the merits from the Düsseldorf Local Division (UPC_CFI_50/2024) delivered on 10 April 2025. The Court found that Knaus Tabbert AG infringed EP 3 356 109 B1 (product-by-process claims relating to a structural component) and granted an injunction, recall from distribution channels, definitive removal, and destruction of infringing products. The revocation counterclaim was dismissed. Provisional damages of EUR 100,000 were awarded, with further damages to be determined. The revocation counterclaim and third-party counterclaim were dismissed. Costs were apportioned 75% to Knaus Tabbert and 12.5% each to the claimants.
2025-01-28UPC_CFI_355/2023Dusseldorf LDInfringement ActionRevokedDecision of the Düsseldorf Local Division dated 28 January 2025 in infringement action by FUJIFILM Corporation against Kodak entities regarding EP 3 594 009 B1 (printing plate technology). The court rejected Kodak's preliminary objection, then upheld the counterclaim for revocation, revoking EP 3 594 009 B1 in all Contracting Member States where it has effect, on grounds including added matter (Art. 123(2) EPC) and obviousness over prior art. FUJIFILM's application to amend the patent was dismissed. As a consequence, the infringement action was also dismissed. The court confirmed jurisdiction over the UK part of the patent despite the revocation counterclaim concerning the German part, applying long-arm jurisdiction principles. Costs were ordered against the claimant. Value in dispute: EUR 15,000,000 each for infringement action and counterclaim for revocation.
2025-01-14ACT_2379/2024Dusseldorf LDInfringement ActionInfringement meritsInfringedFinal decision in infringement action (with counterclaim for revocation) concerning an avalanche transceiver patent. The Düsseldorf Local Division found direct and indirect infringement by the Mammut defendants, granted an injunction, ordered recall and removal from distribution channels, ordered provision of accounts, and declared liability for damages (with EUR 3,000 preliminary damages awarded). The counterclaim for revocation was dismissed. Costs were split: claimant to bear 80%, each defendant 10% of infringement action costs; defendants to bear costs of revocation counterclaim.
2025-01-10UPC_CFI_459/2024Dusseldorf LDApplication Rop 265WithdrawnDecision permitting withdrawal of Valeo Electrification's infringement action against Magna PT entities (EP 3 320 602 B1) and withdrawal of Magna's counterclaim for revocation. Both parties agreed no cost applications would be made. Defendants reserved the right to apply for partial reimbursement of court fees.
2024-11-29UPC_CFI_355/2023Dusseldorf LDGeneric applicationProcedural onlyProcedural order rejecting and disregarding Defendants' (Kodak entities) further written submissions filed on 28 November 2024 because no reasoned request was made and no leave was granted by the judge-rapporteur for further submissions pursuant to Rule 36 RoP.
2024-11-29UPC_CFI_355/2023Dusseldorf LDGeneric applicationProcedural onlyProcedural order granting the Claimant's request for simultaneous interpretation from English to Japanese at the oral hearing scheduled for 17-18 December 2024, issued pursuant to Rule 109.1 RoP.
2024-10-31ACT_580849/2023Dusseldorf LDInfringement ActionInfringement meritsPermanent injunctionThe Düsseldorf Local Division found that SodaStream's patent EP 1 793 917 was infringed by Aarke AB and issued an injunction along with ancillary relief. The defendant was ordered to bear the full costs of the litigation; the value in dispute was set at EUR 3,000,000.
2024-10-10UPC_CFI_483/2023Dusseldorf LDInfringement ActionRevokedDüsseldorf Local Division revoked EP 3 223 320 for Germany, France, Italy, and the Netherlands based on the counterclaim for revocation, finding the patent was invalid due to added matter (Art. 138(1)(c) EPC / Art. 123(2) EPC). The infringement action was dismissed as a result. Seoul Viosys (claimant) was ordered to bear all costs.
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