UPClytics

Decisions

DateCaseDivisionActionMotionOutcomeSummary
2023-11-28UPC_CFI_54/2023Hamburg LDInfringement ActionProceduralProcedural onlyThe Hamburg Local Division issued a procedural order setting the deadline for Avago Technologies to file its reply to the statement of defence and its response to the invalidity counterclaim, taking into account the delayed receipt of the confidential defence version and aligning the two deadlines.
2023-11-27UPC_CFI_220/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a provisional order in three consolidated infringement cases (UPC_CFI_213, 220, 224) by Panasonic against ten Xiaomi entities, granting deadline extensions for defendants 3-6, 9-10 to file their defence and addressing service questions concerning Xiaomi entities domiciled in China and Hong Kong.
2023-11-22UPC_CFI_260/2023Dusseldorf LDProcedural OrderProceduralProcedural onlyThe Düsseldorf Local Division decided under Rule 37.2 RoP (before close of written proceedings) to proceed with both the infringement claim and the invalidity counterclaim together (Article 33(3)(a) UPCA), finding joint hearing efficient and beneficial given the moderate technical complexity and the overlap between the validity and infringement issues.
2023-11-03UPC_CFI_14/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued an order regarding a change of language of proceedings from German to English in the infringement action by Amgen against Sanofi and Regeneron entities concerning EP 3 666 797.
2023-11-03UPC_CFI_54/2023Hamburg LDInfringement ActionProceduralProcedural onlyThe Hamburg Local Division issued a final confidentiality order under Rule 262A RoP in Avago v. Tesla, defining the scope of protection for trade secrets and the category of persons permitted to access confidential information.
2023-10-27UPC_CFI_22/2023Hamburg LDInfringement ActionProceduralProcedural onlyThe Hamburg Local Division granted an extension of the deadline for Vizgen, Inc. to file its defence in an infringement action by 10x Genomics and Harvard College, citing delayed upload of statement of claim annexes by the claimants and a delayed CMS access for the defendant's representatives.
2023-10-20UPC_CFI_214/2023Helsinki LDPreliminary objectionmotionName.jurisdictionalProcedural onlyThe Helsinki Local Division issued an order in a preliminary objection proceeding in an infringement action by AIM Sport Vision AG against Supponor entities; the decision text is largely redacted or not available in the excerpt.
2023-10-18UPC_CFI_239/2023The Hague LDInfringement ActionProceduralProcedural onlyThe President of the Court of First Instance issued an order pursuant to Rule 323 RoP on the language of proceedings, in an infringement action by Plant-e Knowledge B.V. and Plant-e B.V. against Arkyne Technologies S.L., concerning EP 2 137 782 relating to a device for converting light energy into electrical energy.
2023-10-17UPC_CFI_11/2023Nordic-Baltic RDInfringement ActionProceduralProcedural onlyThe Nordic-Baltic Regional Division partially granted a Rule 262.1(b) request for public access to pleadings and evidence, holding that under Article 45 UPCA written proceedings are in principle public, and that a credible explanation for why access is sought is sufficient unless confidentiality is necessary.
2023-10-04UPC_CFI_278/2023Hamburg LDInfringement ActionProceduralProcedural onlyThe Hamburg Local Division issued an order granting extension of deadlines for multiple defendants (Gucci entities) to file their defence, aligning deadlines and addressing the appointment of a common electronic service representative, in an infringement action involving Guccio Gucci S.p.A. and related entities.
2023-10-04UPC_CFI_54/2023Hamburg LDInfringement ActionProceduralProcedural onlyThe Hamburg Local Division issued a provisional order restricting access to confidential information under Rule 262A RoP to the parties' legal representatives only, pending a final decision on the confidentiality application, in an infringement action by Avago Technologies against Tesla entities concerning EP 1 612 910.
2023-10-03UPC_CFI_9/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a procedural order clarifying obligations to use CMS official workflows, including the Rule 262.2 workflow for confidentiality protection from third parties and the Rule 262A workflow for confidentiality between parties, in an infringement action by Huawei against Netgear.
2023-09-29UPC_CFI_15/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a procedural order setting out requirements for using official CMS forms and workflows, and clarifying that a security for costs application under Rule 158.1 RoP requires demonstration that the opposing party's financial circumstances give reason to fear a cost order cannot be enforced.
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.
2023-09-27UPC_CFI_5/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a procedural order regarding service of the statement of claim on defendants in an infringement action brought by Philips IP Ventures B.V. against Belkin entities and individual defendants.
2023-09-27UPC_CFI_62/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a procedural order concerning service of the statement of claim on defendants in an infringement action brought by Koninklijke Philips N.V. against Belkin entities and individual defendants.
2023-09-08UPC_CFI_11/2023Nordic-Baltic RDInfringement ActionProceduralProcedural onlyThe Nordic Baltic Regional Division issued a procedural order in OCADO's infringement proceedings against AUTOSTORE, addressing scheduling and related case management matters; the order is sparsely documented in the available excerpt.
2023-08-29UPC_CFI_14/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division addressed pleading deadlines in Amgen v. Sanofi/Regeneron, ruling that a claim can be validly filed and served without exhibits (with later filing announced), and that the hearing right for late exhibits can be safeguarded by adjusting the timetable.
2023-08-25UPC_CFI_52/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a preliminary order clarifying that postal handover for service purposes occurs approximately two days after the document is handed to the court's postal channel, addressing a preliminary objection deadline in Avago v. Tesla.
2023-08-23UPC_CFI_15/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division addressed Meril GmbH's request to align deadline for filing the preliminary objection with the deadline running for co-defendant Meril Life Sciences, granting a moderate extension while noting that alignment can also be achieved by shortening later deadlines.
2023-08-22UPC_CFI_54/2023Hamburg LDInfringement ActionProceduralProcedural onlyThe Hamburg Local Division addressed Tesla's request for a deadline extension to file its defence in Avago Technologies' infringement action, in circumstances where key personnel were on holiday and supplier coordination was required.
2023-08-17UPC_CFI_14/2023Munich LDGeneric OrderProceduralProcedural onlyThe Munich Local Division issued a further case management order establishing that different procedural requests must be lodged in separate workflows for clarity, and addressed the parties' multiple procedural motions concerning deadlines, service dates, and consolidation with the revocation action.
2023-08-17UPC_CFI_14/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a procedural order requiring different applications to be submitted through separate CMS workflows, and addressed the question of whether the counterclaim for revocation should be joined with the infringement action.
2023-08-16UPC_CFI_14/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a case management order addressing the parties' requests regarding service dates, deadline alignment for Regeneron, and the proposed consolidation of the infringement action with a revocation action filed before the Central Division, scheduling further procedural steps.
2023-08-10UPC_CFI_15/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division granted Meril GmbH's deadline extension request for filing a preliminary objection, allowing harmonisation of deadlines across co-defendants given service issues and CMS access problems encountered in the early days of the UPC.
2023-08-03UPC_CFI_239/2023The Hague LDInfringement ActionProceduralProcedural onlyThe Hague Local Division granted Plant-e's request under R. 13(q) / R. 7.1 RoP that English-language exhibits need not be translated into Dutch, as the defendant had no apparent interest in requiring Dutch translations.
2023-07-28UPC_CFI_14/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division withdrew the preliminary separation order for Regeneron Pharmaceuticals after Amgen withdrew its separation request following successful service on Regeneron via email, and declared the earlier provisional order moot.
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.
2023-07-17UPC_CFI_14/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a preliminary order in Amgen's SEP infringement action against Sanofi, addressing service of claim on Regeneron Pharmaceuticals and proposing separation of that defendant's proceedings to avoid delay, pending hearing of the served parties.
2023-07-05UPC_CFI_62/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a brief procedural order requiring the claimant to carry out a deficiency correction in the proceedings, equivalent to that already done in a related case.
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.
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