UPClytics

Decisions

DateCaseDivisionActionMotionOutcomeSummary
2026-02-25UPC_CFI_1927/2025Dusseldorf LDApplication for provisional measuresProceduralProcedural onlyDüsseldorf Local Division issued a preliminary procedural order scheduling an oral hearing in the provisional measures proceedings by Ottobock against BrainPortfolio Inc. and BrainRobotics Inc. for 22 April 2026. The order set filing deadlines for the parties' written submissions in preparation for the hearing and invited parties to notify participants. This is a case management order with no substantive ruling on the merits.
2024-11-20UPC_CFI_368/2024Dusseldorf LDGeneric applicationProcedural onlyThe Düsseldorf Local Division ruled on Valeo Electrification's application for rectification (R. 353 RoP) of the preliminary injunction order of 31 October 2024 against Magna PT entities concerning EP 3 320 604 B1. The rectification related to the product scope and spare-parts exception included in the order. The court issued a corrected operative part clarifying the terms of the injunction.
2024-10-31UPC_CFI_368/2024Dusseldorf LDApplication for provisional measuresPI grantedThe Düsseldorf Local Division granted Valeo Electrification a preliminary injunction against Magna PT entities prohibiting them from offering, placing on the market, using, importing or storing certain electric motor generators (challenged embodiment I) and the 7HDT400 gearbox assembled with those generators (challenged embodiment II) in Germany and France, concerning EP 3 320 604 B1. A temporary exception was granted for BMW 2 Series Active Tourer and Mini Countryman, conditional on defendants providing security of EUR 500,000 by 21 November 2024. Recurring penalty payments of up to EUR 250,000 per violation were imposed. Defendants were ordered to pay EUR 14,700 provisionally in costs. The injunction was made enforceable upon provision by the applicant of a EUR 2,500,000 bank guarantee.
2024-09-06UPC_CFI_165/2024Dusseldorf LDApplication for provisional measuresPI deniedOrder of Düsseldorf Local Division rejecting Novartis/Genentech's application for provisional measures against Celltrion Healthcare entities regarding EP 3 805 248 B1 (biosimilar product Epysqli). The court found the requirements for provisional measures were not met and ordered Novartis/Genentech to pay interim costs of EUR 138,562.80. The court set out important headnotes on: the interpretation of Art. 25 and 62 UPCA as autonomous uniform law; the concept of imminent infringement; group company liability; inapplicability of R. 295 RoP to provisional measures applications; and parties' obligation to present focused technical arguments.
2024-09-05UPC_CFI_486/2024Dusseldorf LDApplication for provisional measuresPreliminary injunctionPI deniedThe Düsseldorf Local Division rejected Bioletic's application for a preliminary injunction concerning EP 3 685 783 B1 without an oral hearing, holding that the applicant had failed to demonstrate why a main action would be insufficient and had not established an ongoing or imminent harm justifying urgent provisional relief.
2024-09-02UPC_CFI_368/2024Dusseldorf LDGeneric applicationDismissedPresident of the UPC Court of First Instance dismissed Magna entities' application for review of the allocation of a technically qualified judge. The Court held that parties have no right to request a specific technical background for a technically qualified judge and that partiality is the only permissible objection to a judge's participation.
2024-08-21UPC_CFI_347/2024Dusseldorf LDApplication RoP262AProcedural onlyDüsseldorf Local Division issued a confidentiality order under R.262A RoP restricting access to confidential information submitted by Magna entities (defendants) in their Statement of defence and Rejoinder, relating to supply chain and trade secrets. Access was limited to specific named representatives of Valeo.
2024-04-30UPC_CFI_463/2023Dusseldorf LDApplication for provisional measuresPreliminary injunctionPI grantedThe Düsseldorf Local Division granted a preliminary injunction against Curio Bioscience Inc. prohibiting it from offering, marketing, using, importing or storing arrays for spatially localised nucleic acid detection in Germany, France and Sweden, finding prima facie infringement of EP 2 697 391 B1 (owned by 10x Genomics). Both parties were ordered to pay each other interim costs of EUR 100,000. The injunction was conditional on 10x Genomics providing security of EUR 2,000,000. 10x Genomics' application for security for costs from the defendant was rejected.
2024-02-14UPC_CFI_463/2023Dusseldorf LDApplication for provisional measuresProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order in 10x Genomics v. Curio Bioscience establishing a structured confidentiality protection procedure under Rule 262A RoP, clarifying the CMS workflow for trade secret protection and setting out the process for granting preliminary access restrictions before a final confidentiality order is made.
2024-01-29UPC_CFI_463/2023Dusseldorf LDApplication for provisional measuresProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order in the 10x Genomics v. Curio Bioscience provisional measures proceedings, deciding ex officio to appoint a technically qualified judge given the technical complexity of the patent (spatial transcriptomics), relying on Art. 8(5) UPCA even in the absence of an express provision for interim proceedings.
2024-01-25UPC_CFI_452/2023Dusseldorf LDApplication for provisional measuresProceduralProcedural onlyThe Düsseldorf Local Division panel issued a procedural order in the Ortovox v. Mammut provisional measures case, setting out the criteria for reviewing a unilateral (ex parte) provisional measures order under Rule 212.3 / 197.3-4 RoP, and noting that the patent's validity must be sufficiently established before granting provisional measures.
2024-01-24UPC_CFI_452/2023Dusseldorf LDApplication for provisional measuresProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order in the Ortovox v. Mammut provisional measures proceedings, directing the respondents (Mammut) to re-upload their inspection requests in the dedicated CMS workflow for Rule 212.3 RoP applications within a set deadline.
2023-12-11UPC_CFI_452/2023Dusseldorf LDApplication for provisional measuresPreliminary injunctionPI grantedThe Düsseldorf Local Division granted an ex parte order for provisional measures (Rule 212.1 RoP) in favour of Ortovox Sportartikel GmbH against Mammut Sports Group AG and Mammut Sports Group GmbH, in relation to EP 3 466 498 B1 covering an avalanche transceiver (Lawinen-Verschütteten-Suchgerät).
2023-07-03UPC_CFI_177/2023Dusseldorf LDApplication for provisional measuresProceduralProcedural onlyThe Düsseldorf Local Division granted myStromer AG's application to add a certificate of service and deposit confirmation to the case file in the preliminary injunction proceedings against Revolt Zycling AG.
2023-06-30UPC_CFI_177/2023Dusseldorf LDApplication for provisional measuresProceduralProcedural onlyThe Düsseldorf Local Division issued a rectification order under Rule 353 RoP correcting the patent number cited in a prior preliminary injunction order in myStromer AG's action against Revolt Zycling AG (EP 2 546 134, not EP 2 456 134).
2023-06-22UPC_CFI_177/2023Dusseldorf LDApplication for provisional measuresPreliminary injunctionPI grantedThe Düsseldorf Local Division granted ex parte provisional measures (preliminary injunction) against Revolt Zycling AG restraining it from infringing EP 2 546 134 B1 (bicycle frame/motor hub combination) at the Eurobike 2023 trade fair, ordering EUR 500,000 security and penalty of up to EUR 250,000 per violation.
2023-06-22UPC_CFI_177/2023Dusseldorf LDApplication for provisional measuresProceduralProcedural onlyThe Düsseldorf Local Division issued a scheduling order in myStromer AG's application for provisional measures against Revolt Zycling AG, setting pleading deadlines for the preliminary injunction proceedings.