| 2024-08-06 | ORD_44084/2024 | Munich LD | Generic Order | Procedural | Procedural only | Order of the Munich Local Division on the service of the statement of claim on TCL Industrial Holdings Co., Ltd. (Defendant 2), a company domiciled in China, in infringement proceedings by NEC Corporation against multiple TCL entities concerning EP 3 057 321. The Court addressed the procedure for effecting service on a defendant domiciled outside the EU. |
| 2024-08-06 | UPC_APP_44884/2024 | Dusseldorf LD | Generic application | Procedural | Settled | Decision of the Düsseldorf Local Division permitting the withdrawal by Seoul Semiconductor Co., Ltd. of its infringement action against Amazon Services Europe S.à r.l. concerning EP 2 402 415 B1, on the basis of an out-of-court settlement between the parties. The proceedings were declared closed. |
| 2024-08-06 | UPC_APP_22399/2024 | Court of Appeal | Generic application | motionName.appeal_decision | Procedural only | The Court of Appeal dismissed 10x Genomics' application for review (Wiederaufnahme) of an earlier appeal order concerning provisional measures in which 10x Genomics had lost to NanoString. The court held that re-examination of evidence assessment is not available via a review application, and that the court's use of the phrase 'in the court's technical assessment' did not constitute use of judges' personal opinions as evidence. The court also held there was a legal basis for the cost allocation decision in Rule 242.1 RoP. |
| 2024-08-06 | UPC_APP_33560/2024 | Munich LD | Generic application | Procedural | Procedural only | Procedural order by Local Division Munich (UPC_CFI_67/2024, 6 August 2024) dismissing applicants' request for an order dispensing with translation of certain German-language exhibits. The court held that a translation waiver was not appropriate after balancing the parties' interests under R. 24(j) and 25(1)(g) RoP and Art. 51(1) UPCA. |
| 2024-08-06 | APL_21602/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Procedural only | Order from the Court of Appeal (UPC_CoA_183/2024) addressing service of a Statement of Claim on defendants based in China and Taiwan. The Court held that a group company in a Contracting Member State cannot automatically be used to serve Chinese or Taiwanese parent companies; Hague Convention procedures must normally be attempted first for China, and diplomatic/consular channels for Taiwan, before alternative methods are permitted. |
| 2024-08-06 | UPC_APP_25259/2024 | Munich LD | Amend Document | Procedural | Procedural only | Procedural order from Munich Local Division (full panel) in SEP/FRAND infringement proceedings concerning EP 3 780 758. Motorola Mobility LLC (claimant) applied for leave to amend its claim to add a request for an injunction. The order addresses whether Motorola could have made the amendment earlier with reasonable diligence. Application denied: the panel found no justification for the late amendment, as the relevant circumstances had been known to Motorola since at least December 2023. No ruling on patent infringement or validity. |
| 2024-08-06 | APL_24585/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Dismissed | Court of Appeal upheld Hamburg Local Division's refusal to allow service of a statement of claim on Chinese Xiaomi entities (Xiaomi Communications Co. Ltd. and Xiaomi Inc.) via their German/Dutch group companies in Nera Innovations Ltd. v. Xiaomi entities (EP 2 642 632). The court held: (1) service on a Chinese-domiciled defendant cannot be made via a group company in a contracting member state without more, because the corporate separation principle applies; (2) service must first be attempted via the Hague Service Convention (R. 274.1(a)(ii) RoP); (3) alternative service (R. 274.1(b), R. 275 RoP) is available only after Hague Convention attempts. |
| 2024-08-06 | APL_10370/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Procedural only | The Court of Appeal (Panel 2) ruled on service of the statement of claim on Xiaomi defendants in China and Hong Kong in Panasonic Holdings Corporation v Xiaomi (UPC_CoA_86/2024, EP 2 207 270). The Court held that service on a Chinese or HK group company cannot automatically be effected through a related group company in a Contracting Member State — such a company cannot be treated as the registered office, head office, or principal place of business, nor as a permanent or temporary business establishment under R. 271.5(a) RoP. Service attempts in China via the Hague Service Convention must normally be made before alternative service methods or alternative locations under R. 275 RoP are permitted. |
| 2024-08-06 | UPC_CFI_327/2024 | The Hague LD | Generic application | — | Procedural only | The Hague Local Division issued a procedural order granting defendant Orbisk B.V. an extension to respond to Winnow Solutions Limited's evidence production request (R. 190 RoP) until 6 September 2024 (one week beyond the three-week period previously granted and the four-week extension Winnow agreed to), rather than allowing Orbisk to defer its response until its Statement of Defence on 27 September 2024. The extension was granted solely on account of the summer holiday period. |
| 2024-08-06 | UPC_CoA_205/2024 | Court of Appeal | Appeal RoP220.2 | — | Procedural only | Court of Appeal ruled on service of statement of claim on Chinese defendants. Held that a defendant company in China cannot, as a starting point, be served via a group company in a Contracting Member State. Attempts to serve via the Hague Convention must normally be made before alternative service methods are permitted. The appeal concerning service procedure was decided on its merits; no ruling on infringement. |
| 2024-08-06 | UPC_CoA_86/2024 | Court of Appeal | Appeal RoP220.2 | — | Procedural only | Court of Appeal ruled on service of statement of claim on defendants in China and Hong Kong. Held that Chinese and Hong Kong defendants cannot be served via group companies in Contracting Member States. Service via the Hague Convention must normally be attempted first before alternative methods under R.275 RoP are permitted. No ruling on infringement merits. |
| 2024-08-05 | UPC_APP_28993/2024 | Dusseldorf LD | Generic application | Procedural | Procedural only | The Düsseldorf Local Division granted the applicant's request to release a cash deposit that had been provided as security for enforcement of an ex-parte provisional measures order, on the basis that the applicant had subsequently provided a bank guarantee and the double security was unnecessary. The court clarified that while such an exchange of security is permissible in principle, it remains subject to the court's discretion under R. 352.2 RoP, balancing the interests of all parties. |
| 2024-08-05 | ORD_35905/2024 | Dusseldorf LD | Generic Order | Procedural | Procedural only | Order by Düsseldorf Local Division (UPC_CFI_373/2023, 5 August 2024) dismissing Aarke AB's application for security for costs against SodaStream (Israeli company). The court held that the mere alleged future non-compliance with a cost order does not justify security; claimant's solvency was not in doubt and the absence of an international enforcement treaty alone was insufficient. |
| 2024-08-05 | UPC_APP_41447/2024 | Dusseldorf LD | Application Rop 333 | Procedural | Procedural only | Düsseldorf Local Division procedural order (judge-rapporteur Thomas) in infringement proceedings by Seoul Viosys / Seoul Semiconductor against expert GmbH entities concerning EP 3 926 698. The order addresses a late application to amend the patent (R. 30.2 RoP), deferring the admissibility decision on the amendment and setting a response deadline for the defendant. No substantive ruling. |
| 2024-08-02 | UPC_APP_41706/2024 | Paris LD | Order Communicate Information | Procedural | Procedural only | The Paris Local Division judge-rapporteur issued an order for communication of information under Rule 191 RoP, granting HP's request in part for disclosure of identities of third parties involved in production and distribution of allegedly infringing products, subject to confidentiality protections. |
| 2024-08-02 | ORD_40822/2024 | Dusseldorf LD | Generic Order | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order addressing the scope of applications to amend the patent under R. 30 RoP and R. 263 RoP. The court clarified that amendments to auxiliary requests in an application to amend the patent are subject to R. 30.2 RoP (requiring court permission), and that territorial limitation of an amendment application should only be made if there are objective reasons for it under Art. 34 UPCA. |
| 2024-07-31 | UPC_APP_43965/2024 | Mannheim LD | Generic application | Procedural | Procedural only | The Mannheim Local Division issued a procedural order addressing alternative service of the statement of claim on Xiaomi H.K. Limited, finding that further attempts at service are not required once all service methods under Rules 270-274 RoP have been exhausted and the Chinese Central Authority definitively refused service. |
| 2024-07-31 | UPC_APP_43962/2024 | Mannheim LD | Generic application | Procedural | Procedural only | The Local Division Mannheim ordered alternative service under R.275.2 RoP after formal service via the Hague Service Convention was definitively refused by Chinese authorities on political grounds, and ruled that the court will not censor or redact documents at the request of a foreign central authority. |
| 2024-07-31 | ORD_37208/2024 | Vienna LD | Generic Order | Procedural | Procedural only | Order by Vienna Local Division (UPC_CFI_33/2024, 30 July 2024) admitting Chainzone Technology's application to intervene as third party (Streithilfe) in patent infringement proceedings between SWARCO Futurit and STRABAG, subject to depositing security for costs of EUR 134,000 by 20 August 2024. Chainzone was found to have the requisite legal interest as the allegedly infringing product it purchased is the subject of the infringement claim. |
| 2024-07-31 | UPC_APP_36267/2024 | Paris LD | Order Communicate Information | Procedural | Procedural only | Paris Local Division order (judge-rapporteur Lignières) on Abbott Diabetes Care Inc.'s application (R. 191 RoP) to compel Dexcom entities to disclose the full distribution chain for the Dexcom G6 and G7 systems across Contracting Member States in infringement proceedings concerning EP 3 988 471. The order addresses timing and scope of the communication of information request, likely deferring or partially granting the request pending the interim conference, with Dexcom's alternative proposals for limitation and confidentiality considered. |
| 2024-07-31 | UPC_APP_43960/2024 | Mannheim LD | Generic application | Procedural | Procedural only | Order of the Mannheim Local Division on an application by Panasonic Holdings Corporation for alternative service on Xiaomi H.K. Limited under Rule 275.2 RoP. The court had exhausted all formal service methods under Rules 270-274 RoP. The central authority of the requested state (presumably China/Hong Kong) had refused service because the claim described Xiaomi's headquarters in a way that did not align with its political preferences regarding the name of the defendant's location. The court held: (1) no repeated service attempt is required once all Rule 270-274 methods have been exhausted and the central authority has definitively refused on political grounds; (2) the court will not redact or censor party submissions at the request of a foreign authority; (3) the alternative service order under Rule 275.2 must be published on the UPC homepage when conventional service would also be refused for the same reasons. |
| 2024-07-31 | ACT_547520/2023 | Munich LD | Infringement Action | Infringement merits | Revoked | Munich 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. |
| 2024-07-31 | UPC_CFI_195/2024 | The Hague LD | Application for provisional measures | — | PI granted | The Hague Local Division granted a preliminary injunction against the defendant prohibiting direct infringement of EP 1 993 350 B2 (relating to a hybrid Agaricus bisporus mushroom strain) in the Netherlands, Germany, France and Italy. The court held that the mushroom strain was not excluded from patentability under Art. 53(b) EPC and found a prima facie case of infringement. The defendant was ordered to deliver up infringing Cayene mushroom strains, provide customer information, pay an interim award of EUR 11,000 in costs, and penalties of up to EUR 50,000 per day for non-compliance. The injunction was made conditional on Amycel providing security of EUR 200,000. |
| 2024-07-30 | UPC_APP_43889/2024 | Court of Appeal | Generic application | motionName.appeal_decision | Procedural only | The Court of Appeal rejected Alexion Pharmaceuticals' request to expedite the appeal against the Hamburg Local Division's refusal to grant provisional measures against Amgen, holding that the circumstances were not sufficiently urgent to justify shortening the time period for the respondents to lodge their statement of response. |
| 2024-07-30 | UPC_APP_37662/2024 | Paris CD | Application RoP262A | Procedural | Procedural only | The Central Division (Paris) issued a procedural order on Rule 262A RoP and Rule 262.2 RoP applications regarding confidentiality of preliminary cost estimates and attorney fee arrangements submitted after the interim conference in CEAD B.V.'s infringement action against BEGO Medical GmbH. |
| 2024-07-30 | ORD_42107/2024 | Dusseldorf LD | Generic Order | Evidence | Procedural only | The Düsseldorf Local Division issued a procedural order confirming that an intervener (Access Advance LLC) is treated as a party under Rule 315.4 RoP and is therefore entitled to apply for protection of confidential information under Rule 262A RoP in the Dolby v. HP infringement proceedings. |
| 2024-07-30 | UPC_CoA_402/2024 | Court of Appeal | Generic application | — | Procedural only | Procedural order from the Court of Appeal dated 30 July 2024 rejecting Alexion Pharmaceuticals' request for expedition of its appeal against the Hamburg Local Division's dismissal of its preliminary injunction application against Samsung Bioepis NL B.V. The CoA found the circumstances were not sufficiently urgent to outweigh Samsung's interest in the standard 15-day response period, noting that the appeal concerned a purely legal issue was insufficient justification, and that Alexion had not used the full time period available to it. |
| 2024-07-29 | ACT_555899/2023 | Paris CD | Revocation Action | Revocation merits | Patent amended | The Paris Central Division rejected the revocation action filed by BITZER Electronics A/S against EP 3 414 708 (claim 1), maintaining claim 1 as amended by auxiliary request II submitted during the proceedings; costs were borne 60% by the claimant and 40% by the defendant. |
| 2024-07-29 | UPC_APP_36394/2024 | Court of Appeal | Generic application | Procedural | Procedural only | The Court of Appeal held that an application for cost assessment following an appeal order must be filed with the Court of First Instance (not the Court of Appeal), even when the costs relate solely to the appeal proceedings. |
| 2024-07-29 | ORD_43914/2024 | Munich LD | Generic Order | Procedural | Procedural only | The Munich Local Division issued a procedural order concerning a stay of infringement proceedings in the Amgen v Sanofi/Regeneron case relating to EP3666797, in light of parallel EPO opposition proceedings and a separate revocation action filed by the defendants at the UPC Central Division. |
| 2024-07-29 | UPC_CoA_69/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Dismissed | Court of Appeal rejected NEC's appeal against the Munich Local Division's refusal to permit service on Chinese and Hong Kong TCL companies by email or by public notice. The CoA held that: (1) service by email to a person not authorised to accept service is invalid; (2) public service at a UPC Local Division is not yet permissible at that stage; (3) attempts at service via the Hague Convention must normally be exhausted before alternative methods are permitted. NEC's appeal was rejected. |
| 2024-07-29 | UPC_APP_39789/2024 | The Hague LD | Application RoP262.1 (b) | Procedural | Procedural only | Procedural order granting Powell Gilbert LLP's application for public access to the register (R. 262.1 RoP) in the Abbott Diabetes Care v Sibio Technology preliminary injunction proceedings. The court applied the criteria from Ocado v AutoStore and granted access despite objections from both Abbott and Sibio that proceedings were still ongoing on appeal. |
| 2024-07-29 | UPC_APP_39761/2024 | The Hague LD | Application RoP262.1 (b) | Procedural | Procedural only | The Hague Local Division granted law firm Powell Gilbert LLP's application for public access to the written pleadings and evidence in the provisional measures proceedings between Abbott Diabetes Care Inc. and Sibio Technology Limited / Umedwings Netherlands B.V. concerning EP 2 713 879 (a continuous glucose monitoring patent), following the conclusion of those proceedings by a final order. The court applied the Ocado v AutoStore criteria and held that Powell Gilbert had a legitimate interest in understanding the decision, and that the protection-of-integrity interest no longer applied once proceedings had ended at first instance (even if an appeal was pending, per CoA precedent). Annex E1 (confidential) was subject to further consideration. |
| 2024-07-29 | UPC_APP_35673/2024 | Paris CD | Application RoP262.1 (b) | Procedural | Procedural only | Central Division Paris granted Mathys & Squire LLP's application for public access (R. 262.1(b) RoP) to written pleadings and evidence in proceedings between BITZER Electronics A/S and Carrier Corporation (EP 3 414 708). The applicant, an IP firm handling opt-out filings, argued general public interest in understanding how the UPC handles jurisdiction over opted-out patents. The respondents did not comment. Access was granted. |
| 2024-07-29 | UPC_CFI_501/2023 | Munich LD | Infringement Action | — | Procedural only | Munich Local Division issued a case management order fixing dates for the interim conference and oral hearing in this infringement action concerning heart valve technology, balancing the claimant's right to a hearing within one year of service with defendants' representative availability constraints. |
| 2024-07-26 | UPC_APP_33764/2024 | Court of Appeal | Application RoP262A | Procedural | Procedural only | The Court of Appeal issued a procedural order in an appeal concerning security for costs and a confidentiality application under Rule 262A RoP, granting ARM an opportunity to amend its Statement of response to address the unredacted version of a confidential exhibit, and setting a schedule for any additional evidence and response. |
| 2024-07-26 | UPC_APP_33764/2024 | Court of Appeal | Application RoP262A | Procedural | Procedural only | The Court of Appeal addressed ICPillar's application for confidentiality under Rule 262A RoP regarding Exhibit 4 to the Statement of Appeal in proceedings concerning security for legal costs, in the underlying infringement action against ARM Limited. |
| 2024-07-26 | UPC_APP_43560/2024 | Court of Appeal | Generic application | Procedural | Procedural only | The Court of Appeal's standing judge ruled on Sibio/Umedwings' application to disregard Abbott's four auxiliary requests filed in the Statement of Appeal in preliminary injunction proceedings relating to EP 3 831 283 (glucose monitoring). |
| 2024-07-26 | UPC_APP_42088/2024 | Dusseldorf LD | Amend Document | Procedural | Procedural only | Düsseldorf Local Division (26 July 2024) granted Valeo Electrification leave to amend its claim in provisional measures proceedings to add a previously alternative feature, narrowing the scope of the requested preliminary injunction to infringement of claim 6 of EP 3 320 602 B1. |
| 2024-07-26 | UPC_APP_36130/2024 | Hamburg LD | Generic application | motionName.jurisdictional | Procedural only | The President of the Court of First Instance granted Tandem Diabetes Care's application to change the language of proceedings from German to English (the language in which the patent was granted) in an infringement action brought by Roche Diabetes Care GmbH. The court found that where the balance of interests between the parties was equal (both being international companies), the position of the defendant was the decisive factor. |
| 2024-07-26 | UPC_APP_42818/2024 | Court of Appeal | Application Rop 223 | Procedural | Procedural only | Order of the President of the Court of Appeal (in Dutch) in OrthoApnea / Vivisol v [anonymised] (EP 2 331 036). Defendants (appellants) applied for suspensive effect of an order refusing to extend the deadline for their rejoinder. The president found such an application may be admissible. The order addresses the procedural question of suspensive effect in the context of a refusal to extend a rejoinder deadline. |
| 2024-07-26 | UPC_APP_42818/2024 | Court of Appeal | Application Rop 223 | Procedural | Procedural only | The President of the Court of Appeal (Klaus Grabinski, Standing Judge) rejected the defendants' (OrthoApnea S.L. and Vivisol B BV) request for suspensive effect of the appeal against the Brussels Local Division's decision not to extend the deadline for their Statement of Rejoinder beyond 1 August 2024 (Request I). The court found no manifestly erroneous decision by the CFI. Requests II, III and IV (which go to the substance of the appeal and the request for extension) were referred to the competent panel. |
| 2024-07-26 | UPC_CFI_419/2023 | Paris LD | Generic Order | — | Settled | Decision on the merits issued by the Paris Local Division approving and ratifying a settlement agreement concluded between CANÈ S.p.A. and France Développement Électronique on 20 June 2024. The defendant did not contest infringement or validity. The court approved the settlement, set the dispute value at EUR 390,000, reduced court fees to EUR 4,400 (60% of the fixed fee), and ordered reimbursement of EUR 9,100 in advance court fees. Certain exhibits were excluded from the proceedings. |
| 2024-07-25 | UPC_APP_42900/2024 | Munich CD | Generic application | Procedural | Procedural only | The Munich Central Division issued a procedural order in NanoString's revocation action against Harvard's EP 2 794 928, addressing the impact of the German Federal Patent Court's revocation decision (May 2024) on the parallel UPC proceedings and granting Harvard's request for expert evidence on auxiliary requests. |
| 2024-07-25 | UPC_APP_42970/2024 | Mannheim LD | Generic application | Evidence | Procedural only | The Mannheim Local Division issued a procedural order permitting defendants to submit video recordings as physical exhibits on a USB stick because the file size exceeded the CMS upload limit. The order set out the procedure for submitting physical exhibits to the case management system. |
| 2024-07-25 | UPC_APP_42733/2024 | Hamburg LD | Generic application | Procedural | Procedural only | Hamburg Local Division procedural order on Xiaomi defendants' request for a two-week extension of the deadline for filing their statement of defence and any counterclaim for revocation. Xiaomi argued it needed technical information from chipmaker MediaTek about the allegedly infringing chip functions, subject to restrictive confidentiality obligations, which could not yet be obtained in time. Daedalus Prime (claimant) opposed the extension, arguing no exceptional reasons had been shown. |
| 2024-07-24 | ORD_41423/2024 | Paris LD | Generic Order | Procedural | Procedural only | The Paris Local Division issued a procedural order addressing the schedule and management of the Seoul Viosys v. Laser Components infringement action, including Photon Wave's intervention and a parallel revocation action at the Central Division. |
| 2024-07-23 | ORD_40568/2024 | Milan LD | Generic Order | Evidence | Procedural only | The Milan Local Division granted a confidentiality order for a license agreement document in Oerlikon's infringement proceedings against Himson, limiting access to a confidentiality club that includes one technical consultant for the defendant and counsel for both parties. |
| 2024-07-23 | UPC_APP_28655/2024 | Milan LD | Application RoP262A | Procedural | Procedural only | Procedural order from the Milan Local Division (UPC_CFI_240/2023) on Oerlikon's application under R. 262A RoP for confidentiality protection of financial information disclosed in its rejoinder in proceedings concerning EP 2 145 848. The Court ordered creation of a confidential club including at least one natural person from Himson and technical consultants, ruling that excluding natural persons from the respondent would breach the right to adversarial proceedings. |
| 2024-07-23 | APL_20002/2024 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | Procedural only | Order from the Court of Appeal (UPC_CoA_177/2024) on the disclosure of evidence obtained in preservation/inspection proceedings under Art. 60 UPCA. The Court held that an application for preservation of evidence necessarily implies a right to have the outcome disclosed to the applicant, but this right is not unconditional — the opposing party must be heard before disclosure, especially where the evidence may contain confidential information. The Court remanded the matter to ensure AWM and Schnell were given the opportunity to make a confidentiality request before Progress received the expert report. |