| 2024-05-14 | UPC_CFI_241/2023 | Milan LD | Generic Order | Procedural | Procedural only | Procedural 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. |
| 2024-05-08 | UPC_CFI_513/2023 | Munich LD | Preliminary objection | — | Procedural only | Order partially rejecting Network System Technologies' preliminary objection against Texas Instruments in an infringement action. The court also rejected Texas Instruments' request to declare the action manifestly bound to fail (Rule 361 RoP). Leave to appeal granted for both parts. |
| 2024-05-08 | UPC_CFI_513/2023 | Munich LD | Generic application | — | Procedural only | Order partially rejecting a preliminary objection and rejecting request to declare action manifestly bound to fail (Rule 361 RoP) in Network System Technologies v. Texas Instruments infringement action. Leave to appeal granted. (Related companion order to FCEF24C01B7B5A6ED33BAD356F867213_en.pdf.) |
| 2024-05-06 | UPC_CFI_440/2023 | Paris LD | Generic Order | Procedural | Procedural only | Order of the Paris Local Division (full panel) on several procedural applications filed by Photon Wave Co. Ltd. (intervener/third party supporter of defendant Laser Components SAS) and Seoul Viosys Co. Ltd. (claimant) in an infringement action concerning EP 3 404 726. The court: (1) held that Photon Wave had not filed its revocation brief within the deadline set for the party it supports, and rejected its application for extension of that deadline; (2) rejected Photon Wave's request to change the language of proceedings from French to another language, holding that neither the nationality of a party's representative nor of the intervener justifies a language change; (3) rejected Photon Wave's request for an autonomous revocation brief on the basis that an intervener cannot develop claims contrary to those of the party it supports; (4) rejected Seoul Viosys's request for postponement of its reply deadline. |
| 2024-05-01 | UPC_CFI_379/2023 | The Hague LD | Generic application | — | Withdrawn | The Hague Local Division (full panel) declared the infringement action by Keestrack N.V. against Geha Laverman B.V. concerning EP 3 713 672 closed following withdrawal of the action with the consent of the defendant. Each party bears its own costs. A 60% reimbursement of the fixed court fee was ordered pursuant to R. 370.11 RoP as the withdrawal occurred before the end of the written procedure. |
| 2024-04-30 | UPC_CFI_218/2023 | Mannheim LD | Generic application | — | Procedural only | The Mannheim Local Division issued an order in Panasonic Holdings Corporation's infringement action against Xiaomi entities concerning EP 3 096 315, ruling on a production of licence agreements application (R. 190 RoP). The court ordered disclosure of certain licence agreements (with redactions permitted for irrelevant passages) where the parties holding those agreements had not provided valid reasons to refuse consent to production. |
| 2024-04-23 | UPC_CFI_515/2023 | Munich LD | Generic application | — | Dismissed | Munich Local Division dismissed the applications by Volkswagen AG, Audi AG, Texas Instruments Inc., and Texas Instruments Deutschland GmbH requesting the Court to order Network System Technologies LLC (NST) to provide security for legal costs under Art. 69.4 UPCA and R.158 RoP. The Court found that the applications did not meet the legal standards for ordering such security. |
| 2024-03-14 | UPC_CFI_440/2023 | Paris LD | Generic application | Procedural | Procedural only | Procedural order (in French) granting Laser Components SAS an extension of the deadline for filing its Statement of Defence in the infringement action brought by Seoul Viosys. The extension was granted due to technical difficulties experienced by the third-party intervener (Photon Wave Co.) in the CMS system and the anticipated filing of a separate invalidity counterclaim requiring coordination. |
| 2024-03-04 | UPC_CFI_239/2023 | The Hague LD | Infringement Action | Procedural | Procedural only | The Hague Local Division granted Plant-e's application for a confidentiality order under R.262A RoP protecting financial information submitted with their reply to a R.158 application, with access limited to counsel only with the consent of the parties. |
| 2024-03-04 | UPC_CFI_239/2023 | The Hague LD | Application RoP262A | Procedural | Procedural only | The Hague Local Division granted Plant-e's application for a confidentiality order under R.262A RoP protecting financial information submitted with their reply to a R.158 application, with access limited to counsel only with the consent of the parties. |
| 2024-02-27 | UPC_CFI_440/2023 | Paris LD | Generic Order | motionName.jurisdictional | Procedural only | The Paris Local Division refused the defendant Laser Components SAS's request to change the language of proceedings from French to English (the language in which the patent was granted) in Seoul Viosys Co., Ltd v Laser Components SAS. The Court applied R. 322 RoP and Art. 49.4 UPCA, finding that while the plaintiff is Korean and chose French, the defendant is a French company based in France, and neither the representative's nationality nor a forced intervenor's nationality constitutes sufficient grounds of convenience or equity to justify a language change. The request was therefore rejected. |
| 2024-02-22 | UPC_APP_597898/2023 | Mannheim LD | Infringement Action | Procedural | Procedural only | The Mannheim Local Division issued a procedural order in MED-EL v. Advanced Bionics, denying the defendants' application to refer the infringement proceedings to the Central Division and deferring the question of a stay of infringement proceedings pending parallel Central Division revocation proceedings to a later stage, after the full written procedure is complete. |
| 2024-02-21 | UPC_APP_6926/2024 | Dusseldorf LD | Infringement Action | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order in FUJIFILM v. Kodak GmbH, granting the defendants a retrospective extension of the deadline to file their counterclaim for revocation in the dedicated CMS workflow, on the conditions that a first filing attempt had been made before the deadline and the corrected upload was made without culpable delay. |
| 2024-02-21 | UPC_APP_6926/2024 | Dusseldorf LD | Infringement Action | Procedural | Procedural only | Duplicate version of the 21 February 2024 Düsseldorf Local Division procedural order in FUJIFILM v. Kodak, granting a retrospective extension of the CMS workflow deadline for filing the counterclaim for revocation. |
| 2024-02-19 | UPC_APP_6074/2024 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a post-hearing order in Huawei v. Netgear following a separate hearing under Rule 334(d) RoP on 19 February 2024, characterising that hearing as a separate hearing and setting out procedural steps regarding the recording and a pending Rule 336 RoP interim decision application. |
| 2024-02-15 | UPC_CFI_239/2023 | The Hague LD | Generic Order | Procedural | Procedural only | The Hague Local Division decided to hear both the infringement action and the counterclaim for revocation jointly (Art. 33(3)(a) UPCA), as both parties agreed and joint hearing was considered expedient for uniform interpretation. |
| 2024-02-14 | UPC_CFI_210/2023 | Mannheim LD | Infringement Action | Procedural | Procedural only | The Mannheim Local Division established a confidentiality regime in the Panasonic v. OPPO infringement proceedings for the production of licence agreements and confidential commercial information under Rules 190/191, 262, and 262A RoP, setting out a structured multi-step process to protect trade secrets while enabling their use in the proceedings. |
| 2024-02-14 | UPC_CFI_210/2023 | Mannheim LD | Infringement Action | Procedural | Procedural only | German-language version of the Mannheim Local Division order establishing a confidentiality regime (Geheimnisschutzregime) in Panasonic v. OPPO, covering the same rules for the protection of licence agreement contents as trade secrets under Rules 190/191, 262, and 262A RoP. |
| 2024-02-12 | UPC_CFI_114/2024 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a procedural order in Heraeus v Vibrantz, upholding the claimant's amendment of infringement claims to include indirect infringement of a process claim without requiring court leave, granting other amendments to extend claims to Romania, and allowing substitution of parties in the revocation counterclaim. |
| 2024-02-12 | UPC_CFI_425/2023 | Paris LD | Generic Order | Procedural | Procedural only | The 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. |
| 2024-02-12 | UPC_CFI_395/2023 | Paris LD | Generic Order | Procedural | Procedural only | Procedural order from the Paris Local Division granting an extension and alignment of deadlines for filing the Statement of Defence in an infringement action by DexCom against 14 Abbott group defendants. The parties had orally agreed on a filing date at a case management meeting, which the Judge-Rapporteur considered reasonable. The order also confirmed service completion details for each defendant. |
| 2024-02-09 | UPC_CFI_424/2023 | The Hague LD | Infringement Action | Procedural | Procedural only | The Hague Local Division issued a procedural order in Abbott v. Dexcom, granting Abbott's request to align the statement of defence deadlines for both Dexcom defendants so that both run from the later service date on Dexcom International Limited (20 December 2023), ensuring synchronised pleading schedules. |
| 2024-02-09 | UPC_CFI_9/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued an order under Rule 322 RoP in the Huawei v. Netgear infringement proceedings, deciding that, although German remains the language of proceedings, the oral hearing shall be conducted in English, relying on Rules 1.1 and 14.2(c) RoP to ensure an efficient and fair hearing given the international nature of the case and the parties' agreement. |
| 2024-02-02 | UPC_CFI_14/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued an order pursuant to Art. 33(3)(b) UPCA, granting all parties' unanimous request to refer the counterclaim for revocation to the Central Division, while deciding to proceed with the infringement proceedings at the Local Division and reserving the possibility to stay the infringement action pending the revocation outcome. |
| 2024-01-30 | UPC_CFI_230/2023 | Paris LD | Infringement Action | Procedural | Procedural only | The Paris Local Division panel, on review under Rule 333 RoP, partially upheld Abbott's application by increasing the upper limit of the penalty for breach of the confidentiality club from EUR 50,000 to EUR 250,000, to achieve consistency with a parallel confidentiality order issued by the Munich Local Division in related proceedings. |
| 2024-01-24 | UPC_CFI_230/2023 | Paris LD | Infringement Action | Procedural | Procedural only | The Paris Local Division full panel issued a procedural order in the Dexcom v. Abbott infringement case, rejecting Abbott's request for leave to appeal the judge-rapporteur's confidentiality order of 19 December 2023, finding it was a case management order subject to Rule 333 RoP review rather than a directly appealable order. |
| 2024-01-23 | UPC_CFI_181/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a post-interim-conference order in KraussMaffei v. TROESTER, confirming the oral hearing date of 16 April 2024, setting final pleading deadlines, fixing the value of the proceedings at EUR 2 million, and inviting parties to submit preliminary cost estimates. |
| 2024-01-18 | UPC_APP_595631/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division panel confirmed (upon review under Rule 333 RoP) the judge-rapporteur's order permitting Huawei to extend its infringement claim to a second patent (EP3678321) following a limitation procedure, and ruled that the defendants were entitled to the same response deadlines as if the additional patent had been asserted in a separate action. |
| 2024-01-17 | UPC_CFI_239/2023 | The Hague LD | Procedural Order | Procedural | Procedural only | The Hague Local Division issued a procedural order clarifying the deadline for Plant-e to file its defence to the counterclaim for revocation and setting provisional dates for the interim conference and oral hearing, while also inviting parties to comment on the application of Art. 33(3) UPCA regarding bifurcation. |
| 2024-01-16 | UPC_CFI_373/2023 | Dusseldorf LD | Generic application | motionName.jurisdictional | Procedural only | The President of the Court of First Instance granted Aarke AB's application to change the language of the Düsseldorf infringement proceedings from German to English (the language in which EP1793917 was granted), finding a significant imbalance between the parties given Aarke's status as a smaller Swedish company and considerations of fair access to justice. |
| 2024-01-03 | UPC_APP_598021/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a procedural order in Philips IP Ventures v. Edrich et al. (Belkin), granting Philips a one-week extension of the reply deadline in the infringement proceedings, taking into account that the written grounds of a Bundespatentgericht decision revoking the German part of the patent had only been served shortly before Christmas 2023. |
| 2024-01-03 | UPC_APP_598024/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a procedural order in Koninklijke Philips N.V. v. Edrich et al. (Belkin), granting Philips a one-week extension of the reply deadline, mirroring the parallel Philips IP Ventures case and noting that the German part of EP2628233 had also been found invalid by the Bundespatentgericht. |
| 2024-01-02 | UPC_CFI_14/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a procedural order in the Amgen v. Sanofi/Regeneron infringement proceedings, setting provisional dates for the interim conference and oral hearing and granting the defendants a short time extension for filing their statement of defence until 8 January 2024. |
| 2024-01-02 | UPC_CFI_14/2023 | Munich LD | Infringement Action | Procedural | Procedural only | Duplicate version of the 2 January 2024 Munich Local Division procedural order in Amgen v. Sanofi/Regeneron, setting provisional hearing dates and granting defendants a brief time extension for the statement of defence. |
| 2024-01-02 | UPC_CFI_14/2023 | Munich LD | Infringement Action | Procedural | Procedural only | Third version of the 2 January 2024 Munich Local Division procedural order in Amgen v. Sanofi/Regeneron, setting provisional hearing dates and granting defendants a brief time extension for the statement of defence. |
| 2023-12-27 | UPC_CFI_181/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a procedural order in the KraussMaffei v. TROESTER infringement case, establishing rules for the protection of confidential information under Rules 262 and 262A RoP, clarifying that confidentiality applications must be made at the time of initial filing or within 14 days, and that in exceptional circumstances protection may be granted via Rule 9 workflow. |
| 2023-12-22 | UPC_CFI_424/2023 | The Hague LD | Infringement Action | Procedural | Procedural only | The Hague Local Division issued a final procedural order confirming that effective service of the statement of claim on Dexcom International Limited had been effected on 20 December 2023 via an Irish process server, thereby setting the deadline for Dexcom International's statement of defence at three months from that date. |
| 2023-12-19 | UPC_CFI_230/2023 | Paris LD | Infringement Action | Procedural | Procedural only | The Paris Local Division issued a procedural order in an infringement action brought by DexCom against multiple Abbott entities, granting Abbott's request to protect certain highly sensitive sales and revenue information contained in Abbott's statement of defence from public access. |
| 2023-12-19 | UPC_CFI_201/2023 | Dusseldorf LD | Infringement Action | Procedural | Procedural only | The Düsseldorf Local Division clarified that the deadline for Nutricia's defence to the counterclaim for revocation and patent amendment application is 20 December 2023, per Rule 29.1 RoP (duplicate version of the same order). |
| 2023-12-19 | UPC_CFI_201/2023 | Dusseldorf LD | Infringement Action | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order pursuant to Art. 33(3)(a) UPCA and Rule 37.2 RoP, deciding to proceed jointly with both the infringement action brought by Nutricia and the counterclaim for revocation filed by Nestlé Health Science, rather than bifurcating the proceedings. |
| 2023-12-18 | UPC_CFI_358/2023 | Paris LD | Infringement Action | Procedural | Procedural only | The Paris Local Division issued a procedural order in an infringement action brought by Hewlett-Packard against Lama France, addressing Lama's requests regarding access to exhibits that were unreadable via the CMS and seeking an extension of the deadline to file its statement of defence. The order dealt exclusively with case management and access to documents. |
| 2023-12-14 | UPC_CFI_201/2023 | Dusseldorf LD | Infringement Action | Procedural | Procedural only | The Düsseldorf Local Division clarified, at Nutricia's request, that the deadline for filing a defence to the counterclaim for revocation and any application to amend the patent is 20 December 2023 (two months after service of the defence with counterclaim on 20 October 2023), per Rule 29.1 RoP. |
| 2023-12-11 | UPC_CFI_9/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division dismissed Netgear's Rule 333 RoP request to have the full panel review the judge-rapporteur's decision to deal with the preliminary objection in the main proceedings, holding that a Rule 20.2 notification cannot be appealed or subject to panel review, and that inadmissible Rule 333 requests are decided by the rapporteur alone. |
| 2023-12-11 | UPC_CFI_9/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division granted Huawei's application under Rule 263 RoP to amend its infringement claim to add EP 3 678 321 as an additional patent in suit alongside EP 3 611 989, having originally sued only on the latter patent; the court addressed the admissibility of claim amendment after conclusion of a limitation procedure. |
| 2023-12-11 | UPC_CFI_9/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a provisional order under Rule 302.1 RoP considering possible severance of the newly added EP 3 678 321 claims from the main case following the grant of the claim amendment, inviting submissions from parties on whether the new patent should be heard separately. |
| 2023-12-08 | UPC_CFI_219/2023 | Mannheim LD | Infringement Action | Procedural | Procedural only | The Mannheim Local Division issued a procedural order addressing the validity of service of the statement of claim on Xiaomi entities domiciled in China and Hong Kong, with Panasonic Holdings arguing that service at Xiaomi Technology Germany GmbH's address was effective for all group companies given their integrated corporate structure. |
| 2023-12-05 | UPC_CFI_54/2023 | Hamburg LD | Infringement Action | Procedural | Procedural only | The Hamburg Local Division issued a further procedural order setting deadlines for Avago Technologies to file its reply and response to the invalidity counterclaim, after additional submissions regarding the start date of the reply deadline, in the infringement action against Tesla Germany GmbH and Tesla Manufacturing Brandenburg SE. |
| 2023-12-04 | UPC_CFI_363/2023 | Dusseldorf LD | Infringement Action | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order under Rules 302.1 and 302.2 RoP concerning possible bifurcation or severance of issues in an infringement action by Seoul Viosys Co., Ltd. against expert e-Commerce GmbH and others, involving EP 3 926 698 B1 and EP 3 223 320 B1. |
| 2023-12-04 | UPC_CFI_220/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a further order in the consolidated Panasonic v. Xiaomi cases (UPC_CFI_213, 220, 224), granting deadline extensions for defendant groups and addressing service on foreign defendants including those domiciled in China and Hong Kong. |
| 2023-12-01 | UPC_CFI_7/2023 | Dusseldorf LD | Infringement Action | Procedural | Procedural only | The Düsseldorf Local Division decided under Rule 37.2 RoP to proceed with infringement and validity issues together (Article 33(3)(a) UPCA) in the patent dispute between Franz Kaldewei GmbH & Co. KG and Bette GmbH & Co. KG concerning EP 3 375 337 B1. |