| 2024-01-31 | UPC_CFI_252/2024 | Munich CD | Revocation Action | Procedural | Procedural only | The Munich Central Division issued orders following the interim conference in the NanoString v. Harvard revocation action, admitting document D46 as prior art, confirming the oral hearing for 17 April 2024, and setting the value of proceedings at EUR 7.5 million. |
| 2024-01-31 | ACT_551180/2023 | Munich CD | Revocation Action | Procedural | Procedural only | The Munich Central Division judge-rapporteur issued an interim conference order (R. 103/105.5 RoP) in the revocation action by NanoString Technologies Europe against Harvard concerning EP 2 794 928. The order recorded directions from the interim conference, including admission of document D46 with a response period for the defendant, and setting the value of proceedings at EUR 7,500,000. |
| 2024-01-31 | ACT_551180/2023 | Munich CD | Revocation Action | Procedural | Procedural only | Procedural order from Munich Central Division (judge-rapporteur András Kupecz) following the interim conference in a revocation action brought by NanoString Technologies Europe Limited against President and Fellows of Harvard College concerning EP 2 794 928. The order addresses admissibility of document D46 (filed as prior art in the reply): the defendant withdrew its objection, D46 was admitted into proceedings, and the defendant was given six weeks to respond in writing. Further, the judge-rapporteur indicated the case value for cost purposes. No substantive ruling. |
| 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. |
| 2024-01-29 | UPC_CFI_463/2023 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The 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. |
| 2024-01-25 | no order number559935/2023 - application processed in hardcopy only (outside CMS) | Hamburg LD | Determination of damages and compensation | motionName.damages | Procedural only | The Hamburg Local Division panel rejected Fives ECL's application under Rule 333 RoP to have the full panel review the judge-rapporteur's decision sustaining the defendant's objection (Einspruch), finding the review application inadmissible because that type of decision by the judge-rapporteur granting an objection is not subject to panel review under Rule 333 RoP. |
| 2024-01-25 | UPC_CFI_452/2023 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The 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. |
| 2024-01-24 | UPC_CFI_452/2023 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The 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. |
| 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. |
| 2024-01-24 | UPC_CFI_1/2023 | Munich CD | Revocation Action | Procedural | Procedural only | The Munich Central Division judge-rapporteur issued a procedural order in the Sanofi v. Amgen revocation action, declining Sanofi's request to admit supplementary expert declarations filed in response to new points raised in Amgen's rejoinder, noting that the proper course was to raise the matter at the upcoming interim conference. |
| 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. |
| 2024-01-22 | UPC_CFI_308/2023 | Paris CD | Revocation Action | Procedural | Procedural only | The Paris Central Division issued a procedural order in the NJOY v. VMR Products revocation action, ruling on the date of service of VMR's defence to revocation, determining that service was effected on 13 December 2023 when the Registry notified the corrected defence to NJOY. |
| 2024-01-20 | UPC_APP_2249/2024 | Dusseldorf LD | Generic application | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order in Seoul Viosys v. expert e-Commerce, rejecting the defendants' application for an extension of the deadline to file their statement of defence and counterclaim for revocation, applying the strict UPC time limits regime. |
| 2024-01-19 | UPC_APP_1714/2024 | Dusseldorf LD | Generic application | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order in Dolby v. HP entities, rejecting the defendants' application for an extension of the deadline to file their statement of defence, citing the strict time limits regime under the UPC Rules of Procedure and the absence of exceptional circumstances justifying an extension over the claimant's objection. |
| 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. |
| 2024-01-18 | UPC_APP_100/2024 | Court of Appeal | Application Rop 223 | Procedural | Procedural only | Order of the Court of Appeal (single judge) on an application by Meril GmbH and Meril Life Sciences for suspensive effect of their appeal against the Munich Local Division's costs order in the Edwards Lifesciences provisional measures proceedings (EP 3 763 331, crimping device for heart valve prostheses). After Meril submitted a cease-and-desist undertaking accepted by Edwards, the provisional measures action became devoid of purpose. The first-instance court ordered Meril to bear costs up to EUR 200,000 and set the value at EUR 1,500,000. Meril sought suspensive effect of the costs portion of the appeal. |
| 2024-01-18 | UPC_APP_100/2024 | Court of Appeal | Application Rop 223 | Procedural | Procedural only | Signed version of the order of the Court of Appeal (single judge) on Meril's application for suspensive effect in the Meril v. Edwards Lifesciences appeal (EP 3 763 331, crimping device). This appears to be an earlier or signed copy of the same order as the previous file (Anordung aufschiebende Wirkung Meril-Edwards EN.pdf), issued on 18 January 2024 and concerning the same application for suspensive effect of Meril's appeal against the first-instance costs order. |
| 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. |
| 2024-01-11 | UPC_CoA_486/2023 | Court of Appeal | Application Rop 333 | Procedural | Procedural only | Court of Appeal standing judge (11 January 2024) allowed Netgear's request for discretionary review, permitting Netgear to appeal the CFI judge-rapporteur's order of 11 December 2023, holding that the JR could not himself decide on the admissibility of a R. 333 review application of his own decision. The case was referred to the President of the CoA for assignment to a panel. |
| 2024-01-11 | UPC_CoA_486/2023 | Court of Appeal | Application Rop 333 | Procedural | Procedural only | German-language version of the same CoA standing judge order of 11 January 2024 granting Netgear's request for discretionary review and permitting appeal of the JR's 11 December 2023 order. |
| 2024-01-10 | UPC_CoA_404/2023 | Court of Appeal | Application RoP262.1 (b) | Procedural | Dismissed | Order of the Court of Appeal dated 10 January 2024 refusing two applications to intervene in the appeal by Ocado against the public register access order. Mathys & Squire LLP and Bristows (Ireland) LLP applied to intervene, arguing they had parallel pending R. 262 applications before the Central Division that raised the same legal issues. The CoA rejected both applications as inadmissible for lack of legal interest in the result of the appeal: a party applicant whose separate R. 262 application is stayed pending the appeal's outcome does not have a sufficient legal interest under the UPC intervention rules, as the outcome of the appeal would not directly and necessarily affect their own applications. |
| 2024-01-08 | UPC_CFI_263/2023 | Paris CD | Revocation Action | Procedural | Procedural only | The Paris Central Division rejected Carrier Corporation's application to stay the revocation proceedings against EP3414708 pending EPO opposition proceedings, finding that the requirement of a 'rapid decision' from the EPO was not fulfilled because no concrete timeline for the EPO ruling had been established. |
| 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. |
| 2023-12-28 | UPC_APP_588681/2023 | Munich CD | Application RoP262.1 (b) | Procedural | Procedural only | The Munich Central Division issued a preliminary order in a Rule 262.1(b) access-to-file application by Mathys & Squire LLP, deciding to await the outcome of pending Court of Appeal proceedings on a related access application before ruling on the present request. |
| 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. |
| 2023-12-20 | UPC_APP_594342/2023 | Court of Appeal | Application for an Order for expedition of an appeal (RoP225(e)) | motionName.appeal_decision | Dismissed | German-language Court of Appeal order (Second Panel) rejecting OPPO's request for shortening of the time period for the Statement of Response (R. 9.3(b) RoP) in the appeal concerning the language of proceedings for EP 3 096 315. Same outcome and reasoning as App_594327/2023 and App_594339/2023. Proceedings closed. |
| 2023-12-20 | UPC_APP_594342/2023 | Court of Appeal | Application for an Order for expedition of an appeal (RoP225(e)) | motionName.appeal_decision | Dismissed | English translation of the Court of Appeal order (Second Panel) rejecting OPPO's request for shortening of the time period for the Statement of Response in the appeal concerning the language of proceedings for EP 3 096 315. Same reasoning as App_594327/2023. Proceedings closed. |
| 2023-12-20 | UPC_CFI_292/2023 | Munich LD | Application for provisional measures | Preliminary injunction | PI denied | The Munich Local Division dismissed SES-imagotag's application for provisional measures against Hanshow Technology and related entities concerning electronic shelf label technology, finding that infringement of EP3883277 had not been established with sufficient certainty. The court also ordered SES-imagotag to bear the costs including those of the protective letter filed by the respondents. |
| 2023-12-19 | UPC_APP_594339/2023 | Court of Appeal | Application for an Order for expedition of an appeal (RoP225(e)) | motionName.appeal_decision | Dismissed | The Court of Appeal (Second Panel) rejected OPPO's request for shortening of the time period for lodging a Statement of Response in the appeal concerning the language of proceedings (EP 2 568 724, misidentified in the filing as EP 3 096 315). Same outcome and reasoning as App_594327/2023: request filed on last available day, insufficient time for respondent, contrary to principles of proportionality and fairness. Proceedings closed. This is the German-language version of the order. |
| 2023-12-19 | UPC_APP_594339/2023 | Court of Appeal | Application for an Order for expedition of an appeal (RoP225(e)) | motionName.appeal_decision | Dismissed | English translation of the Court of Appeal order (Second Panel) rejecting OPPO's request for shortening of the time period for the Statement of Response (R. 9.3(b) RoP) in the appeal concerning the language of proceedings for EP 2 568 724. Same reasoning as App_594327/2023. Proceedings closed. |
| 2023-12-19 | UPC_CFI_249/2023 | Munich LD | Application for provisional measures | Procedural | Costs only | The Munich Local Division issued a costs order following the discontinuation of provisional measures proceedings after the respondents (Meril) provided an undertaking to cease the contested acts. The court found the proceedings had become moot, declared the PI application resolved, and ordered the respondents to bear the applicant's costs up to a ceiling of EUR 200,000, holding that respondents had unnecessarily caused those costs. |
| 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_APP_594327/2023 | Court of Appeal | Application for an Order for expedition of an appeal (RoP225(e)) | motionName.appeal_decision | Dismissed | The Court of Appeal (Second Panel) rejected OPPO's request for shortening of the time period for the respondent's Statement of Response in the appeal concerning the language of proceedings (EP 2 207 270). The CoA found that the request was filed on the last day of the available period, leaving insufficient time for the respondent, and that granting the request would be contrary to principles of proportionality, fairness and equity. The proceedings were closed. |
| 2023-12-18 | UPC_CoA_472/2023 | Court of Appeal | Application for an Order for expedition of an appeal (RoP225(e)) | — | Dismissed | The Court of Appeal rejected OPPO/OROPE's application to shorten the time limit for filing the respondent's statement of response in an appeal concerning the language of proceedings (Rule 323 RoP), pursuant to Rule 225(e) and 9.3(b) RoP. The application was filed on the last day of the time limit and did not adequately consider the respondent's (Panasonic's) right to adequate preparation time. |
| 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_CoA_404/2023 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Procedural only | Case management order from the Court of Appeal dated 11 December 2023 in Ocado v. Autostore appeal concerning access to the statement of claim by a third party (GDPR-redacted respondent). The order corrects a CMS error incorrectly designating the Autostore companies as respondents (the respondent is the individual third party applicant). The CoA notes Ocado's submission that four defendants were never served and intends to address this later. The order invites parties to comment on whether R. 8 RoP (representation requirement) applies to the individual respondent who represents himself. |
| 2023-12-11 | UPC_CFI_452/2023 | Dusseldorf LD | Application for provisional measures | Preliminary injunction | PI granted | The 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). |
| 2023-12-11 | 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. |