UPClytics

Decisions

DateCaseDivisionActionMotionOutcomeSummary
2025-10-22UPC_CFI_587/2025The Hague LDApplication for provisional measuresPreliminary injunctionPI deniedThe Hague Local Division dismissed Abbott Diabetes Care's application for provisional measures against Sinocare and A.Menarini Diagnostics concerning EP 3 988 471, finding that the GlucoMen iCan device does not infringe claim 1 because event data icons are displayed in a separate panel rather than within the timeline graph.
2025-10-17UPC_CFI_624/2025The Hague LDApplication for provisional measuresPreliminary injunctionPI grantedThe Hague Local Division granted Abbott Diabetes Care a preliminary injunction against Sinocare and A.Menarini Diagnostics regarding infringement of continuous glucose monitoring patent EP 4 344 633 (FreeStyle Libre technology), including information orders and delivery-up of infringing GlucoMen iCan products.
2025-10-03UPC_CoA_19/2025Court of AppealAppeal RoP220.1motionName.appeal_decisionProcedural onlyIdentical rectification order under R.353 VerfO correcting headnote 7 of the 3 October 2025 decision, corresponding to the Belkin counterclaim for revocation appeal (UPC_CoA_19/2025). Same substance as rectification in UPC_CoA_534/2024 and UPC_CoA_683/2024.
2025-10-03UPC_CoA_683/2024Court of AppealAppeal RoP220.1motionName.appeal_decisionProcedural onlyIdentical rectification order under R.353 VerfO correcting headnote 7 of the 3 October 2025 decision, corresponding to the Philips cross-appeal (UPC_CoA_683/2024). Same substance as rectification in UPC_CoA_534/2024 and UPC_CoA_19/2025.
2025-10-03UPC_CoA_534/2024Court of AppealAppeal RoP220.1motionName.appeal_decisionInfringedCourt of Appeal decision on patent infringement and counterclaim for invalidity. Belkin GmbH, Belkin International Inc. and Belkin Limited were found to infringe Philips' patent EP 2 867 997. The appeal court partially modified the first-instance judgment: it ordered Belkin (GmbH, International, Limited) to recall, permanently remove and destroy the infringing products; excluded acts by Belkin GmbH and Belkin Limited in Germany from the injunction; and set penalty payments of up to EUR 100,000 per day for breach of the cease-and-desist order. Philips' cross-appeal seeking electronic disclosure was rejected. Costs were split 50/50 between Belkin (three entities) and Philips for the infringement action; Belkin bore the invalidity counterclaim costs. The patent was maintained (revocation counterclaim dismissed).
2025-10-03UPC_CoA_534/2024Court of AppealAppeal RoP220.1motionName.appeal_decisionProcedural onlyThe Court of Appeal issued a rectification order under R.353 VerfO (Rules of Procedure), correcting an obvious error in headnote 7 of its decision of 3 October 2025 in the appeal concerning Philips v. Belkin (infringement action and counterclaim for revocation of EP 2 867 997). The corrected headnote 7 now reads that claimant requests for recall, removal from distribution channels, and destruction must generally specify a deadline for completion, which must already be set in the decision or final order. This is one of three identical rectification orders (also UPC_CoA_19/2025 and UPC_CoA_683/2024), corresponding to the three related appeals.
2025-07-28UPC_CFI_492/2025Munich LDGeneric applicationProcedural onlyThe Munich Local Division issued a procedural order granting Roborock Germany GmbH (and co-defendants Beijing Roborock Technology Co., Ltd. and Roborock International B.V.) an extension of time for filing their preliminary objection, Statement of Defence and counterclaim for revocation in the infringement action brought by Papst Licensing GmbH & Co. KG concerning EP 3 030 943. The extension was agreed by the claimant and was justified by case complexity and the need to align deadlines across all defendants.
2025-05-30APL_68523/2024Court of AppealAppeal RoP220.2motionName.appeal_decisionProcedural onlyThe Court of Appeal partially allowed Belkin's appeal and reduced the penalty payment (Zwangsgeld) imposed by the Munich Local Division for non-compliance with a disclosure order to EUR 42,000, while dismissing Philips's cross-appeal regarding disclosure in electronic form, and setting a new costs allocation.
2025-05-30APL_68523/2024Court of AppealAppeal RoP220.2motionName.appeal_decisionCosts onlyThe Court of Appeal (Panel 2) ruled on Belkin's appeal and Philips' cross-appeal against the Munich Local Division's order on penalty payments for non-compliance with an information disclosure obligation following the infringement judgment in UPC_CFI_390/2023 (Philips v Belkin, EP patent not specified in excerpt). The CoA modified the first-instance order: a penalty payment of EUR 42,000 was imposed on Belkin for failing to comply with the information disclosure order. The court established key principles on time periods for information disclosure under Art. 67(1) UPCA, the punitive nature of penalty payments even after belated compliance, burden of proof, and the permissibility of paper format for information. Costs were shared proportionally as both parties were partially unsuccessful.
2025-05-30UPC_CoA_845/2024Court of AppealAppeal RoP220.2Procedural onlyRectification order of the Court of Appeal correcting an obvious clerical error in the order of 30 May 2025 (Belkin v Philips, penalty payment proceedings). The phrase 'Local Division Düsseldorf' is replaced by 'Local Division Munich' throughout the operative part.
2025-01-29UPC_APP_68468/2024The Hague LDApplication Rop 265ProceduralWithdrawnOrder of The Hague Local Division permitting withdrawal of the infringement action by Abbott Diabetes Care Inc. against Dexcom Inc. and Dexcom International Limited, and withdrawal of the counterclaims for revocation by both defendants. All parties mutually consented. The Court also allowed claimant's request for 20% reimbursement of court fees under Rule 370.9 RoP.
2025-01-29UPC_APP_68465/2024The Hague LDApplication Rop 265ProceduralWithdrawnOrder from the Hague Local Division (UPC_CFI_424/2023) declaring infringement and revocation counterclaim proceedings closed following withdrawal of all claims by all parties. Both parties jointly requested withdrawal; the court found no final decision existed and no party had a legitimate interest in a court ruling. No cost decision was requested.
2024-11-25UPC_CFI_395/2023Paris LDGeneric applicationProceduralProcedural onlyProcedural order from the Paris Local Division dated 25 November 2024 on DexCom's application (under R. 334(e) and R. 336 RoP) requesting the court to allow post-hearing submissions regarding a Munich Regional Court decision of 6 November 2024 on EP 2 939 158 (parent patent of EP 3 831 282 in suit). The court had closed the oral hearing on 30 October 2024. DexCom argued the Munich decision finding infringement by Abbott of the parent patent's claim 1 was relevant. Abbott argued the application was inadmissible. The order addresses admissibility of supplemental submissions after closure of hearing under Chapter 8 RoP case management provisions.
2024-10-29UPC_APP_53031/2024Court of AppealApplication Rop 223ProceduralProcedural onlyOrder of the Court of Appeal partially granting a stay of enforcement (suspensive effect) of a first-instance injunction against Belkin Limited and its managing directors in proceedings concerning Koninklijke Philips N.V.'s patent. The stay was granted specifically regarding the injunctive orders against the managing directors (defendants 2-4) and related cost/publication orders, on the basis of a manifest error of law in holding that a managing director of an infringing company is personally liable as a 'middle person' under Art. 63(1) UPCA solely by virtue of their role as managing director. The stay was denied as to the remaining defendants.
2024-10-29UPC_APP_53031/2024Court of AppealApplication Rop 223ProceduralInjunction deniedThe Court of Appeal partially granted Belkin's application for suspensive effect concerning the Munich Local Division's infringement decision (UPC_CFI_390/2023) in respect of EP 2 867 997. The Court granted suspensive effect specifically in relation to the publication order (Philips was not permitted to publish the impugned decision pending the appeal). However, suspensive effect was denied in all other respects as Belkin failed to demonstrate manifest error or infringement of fundamental procedural rights. The Court also held that a director of a patent-infringing company is not a 'third party intermediary' under Art. 63 UPCA merely by reason of their directorship. Security for enforcement under R.352.1 RoP must be ordered at the time of the decision, not retrospectively.
2024-07-31ACT_547520/2023Munich LDInfringement ActionInfringement meritsRevokedMunich Local Division revoked DexCom's patent EP 3 350 592 (CGM system) in its entirety on Abbott's counterclaim for revocation, and dismissed all of DexCom's infringement claims. The patent was found invalid as granted and in its auxiliary request forms (1 and 2) for lack of novelty/inventive step. DexCom was ordered to bear all costs of the proceedings.
2024-07-04UPC_CFI_230/2023Paris LDGeneric OrderInfringement meritsRevokedDecision on the merits by Paris Local Division (4 July 2024). EP 3 435 866 B1 (analyte monitoring / continuous glucose monitoring system) was entirely revoked for lack of inventive step; auxiliary requests 1 and 2 were also invalid (added subject-matter). DexCom's infringement action was dismissed in full. DexCom was ordered to bear costs. The court addressed jurisdiction on the revocation counterclaim, the carve-out under Art. 83 UPCA, claim interpretation, novelty and inventiveness.
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.
2024-02-12UPC_CFI_395/2023Paris LDGeneric OrderProceduralProcedural onlyProcedural 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.
2024-02-09UPC_CFI_424/2023The Hague LDInfringement ActionProceduralProcedural onlyThe 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.
2024-01-30UPC_CFI_230/2023Paris LDInfringement ActionProceduralProcedural onlyThe 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.
2024-01-24UPC_CFI_230/2023Paris LDInfringement ActionProceduralProcedural onlyThe 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.
2023-12-22UPC_CFI_424/2023The Hague LDInfringement ActionProceduralProcedural onlyThe 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.
2023-12-19UPC_CFI_230/2023Paris LDInfringement ActionProceduralProcedural onlyThe 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.