UPClytics

Decisions

DateCaseDivisionActionMotionOutcomeSummary
2025-05-05ORD_21240/2025Court of AppealDecision By DefaultDefault judgmentProcedural onlyDecision by the Court of Appeal (UPC_CoA_636/2024, 5 May 2025) setting aside a first-instance order that had granted a member of the public access to written pleadings under R. 262.1(b) RoP. The CoA held that public applicants for register access must be represented; an unrepresented person cannot validly lodge a statement of response; a reasoned decision under R. 235.3 RoP is effectively a default decision; and no costs should ordinarily be awarded in R. 262.1(b) proceedings.
2025-05-02UPC_APP_20487/2025Dusseldorf LDApplication Rop 365ProceduralSettledThe Düsseldorf Local Division confirmed, under R. 365(1) RoP, a settlement reached between claimant Evac Oy and defendants 4–6 (VD Solutions GmbH, Yong Cao, and Katharina Kiran Singh Kang) in the patent infringement proceedings; the case against defendants 1–3 continues.
2025-05-02ACT_15774/2024Dusseldorf LDInfringement ActionProceduralProcedural onlyInterim procedure closure order in 10x Genomics, Inc. v. Curio Bioscience Inc. at Düsseldorf Local Division (EP 2 697 391 B1). Directions for the oral hearing were issued including: (1) translation of claim motions into English; (2) guidance on publication/media order requirements (Art. 80 UPCA); (3) clarification of 'such as' wording in supporting documents request; (4) parties to submit cost estimates (R. 104(k) RoP); (5) parties may upload hearing aids. Interim procedure closed.
2025-05-02UPC_CFI_131/2025Brussels LDApplication For CostsCostsCosts onlyProvisional Procedural Order IV in the costs proceedings brought by OrthoApnea S.L. and Vivisol B BV against an anonymised defendant. The Judge-Rapporteur suspended the costs proceedings pending the outcome of the defendant's appeal against the merits decision (UPC_CFI_376/2023 / UPC_CoA) on grounds of fairness, since the costs outcome depends on the appeal outcome.
2025-05-02UPC_CFI_131/2025Brussels LDApplication For CostsCostsCosts onlyThe Brussels Local Division (judge-rapporteur Samuel Granata, in Dutch) issued Provisional Procedural Order IV, suspending the costs proceedings (ACT_7974/2025, requesting EUR 92,814.62 in costs from the anonymised defendant) pending the Court of Appeal's decision on the merits of the underlying dispute. The order instructs the successful party to notify the judge-rapporteur of the outcome once the Court of Appeal has decided, so that a final costs decision can be rendered.
2025-05-02UPC_CFI_86/2025Mannheim LDGeneric applicationProcedural onlyOrder from the President of the Court of First Instance dated 2 May 2025, under R. 323 RoP, changing the language of proceedings in Mannheim Local Division case UPC_CFI_86/2025 to the language of the patent (as applied for by The Walt Disney Company entities as defendants). The order sets out principles on language change: the possibility of changing to the patent language does not conflict with the claimant's initial choice; the defendant's position is decisive when the balancing of interests is equal; and since the claimant has flexibility in choosing where to file, the language of the patent is generally not unfair to the claimant.
2025-05-01ORD_20781/2025Dusseldorf LDGeneric OrderProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order appointing a technically qualified judge (TQJ) under Art. 8(5) UPCA and Rule 34 RoP for the preliminary injunction proceedings in Aesculap AG's action against Shanghai International Holding Corporation GmbH.
2025-05-01APL_64374/2024Court of AppealAppeal RoP220.1motionName.appeal_decisionPI grantedThe Court of Appeal set aside the Milan Central Division's refusal of provisional measures and granted Insulet a pan-European preliminary injunction against EOFlow's insulin pump device ('EOPatch'/'GlucoMen Day Pump'), finding infringement of EP 4 201 327 and awarding costs to Insulet.
2025-04-30ACT_561734/2023Hamburg LDInfringement ActionInfringement meritsNot infringedThe Hamburg Local Division dismissed AGFA NV's infringement action against Gucci entities finding that the accused leather goods did not infringe EP 3 170 670 (a patent concerning inkjet-decorated leather), specifically because the ivory-coloured base coat did not constitute a perfect achromatic colour as required by the patent claims; it also dismissed the defendants' counterclaim for revocation.
2025-04-30UPC_APP_19228/2025Court of AppealGeneric applicationmotionName.appeal_decisionProcedural onlyCourt of Appeal (Panel 2) order staying appeal proceedings in a revocation action concerning EP 3 504 990 (a patent relating to nicotine/vaping products). The Central Division Paris had revoked the patent at first instance. Juul Labs appealed and applied for a stay pending parallel EPO opposition appeal proceedings (oral hearing scheduled for 14 November 2025). NJOY consented to the stay. The Court of Appeal granted the stay under R. 295(a) RoP / Art. 33(10) UPCA, finding that the EPO proceedings could be expected to conclude rapidly relative to the UPC's own timetable.
2025-04-30UPC_APP_20508/2025Dusseldorf LDGeneric applicationProceduralProcedural onlyProcedural order from the Düsseldorf Local Division (UPC_CFI_140/2024) noting the defendant Curio Bioscience's stated intention to provide samples for inspection in 10x Genomics' infringement action concerning EP 2 697 391 B1. The Court warned that it may disregard evidence not submitted in accordance with time limits under R. 9.2 RoP, as no reasons were given for providing samples after closure of the written proceedings.
2025-04-30UPC_APP_20478/2025Mannheim LDGeneric applicationProceduralProcedural onlyProcedural order setting a uniform service date of 30 April 2025 for all defendants in an infringement action concerning wireless charging technology. Defendants' counsel accepted service on behalf of all defendants, avoiding the need for service abroad and translations. Deadlines for preliminary objections and statement of defence were set accordingly.
2025-04-30UPC_APP_20180/2025Court of AppealGeneric applicationProceduralProcedural onlyCourt of Appeal order staying appeal proceedings in a revocation action concerning a patent for vaping/e-cigarette technology. The patent had been revoked at first instance (Central Division Paris). Juul Labs appealed and applied for a stay pending parallel EPO opposition appeal proceedings, which were accelerated with oral proceedings scheduled for 17 October 2025. NJOY agreed to the stay. The Court of Appeal stayed proceedings under R. 295(a) RoP as the EPO proceedings could be expected to conclude relatively quickly.
2025-04-30UPC_APP_11333/2025Dusseldorf LDGeneric applicationmotionName.jurisdictionalProcedural onlyThe President of the Court of First Instance issued an order under R. 323 RoP on an application to change the language of proceedings in an infringement action by InterDigital VC Holdings Inc. against The Walt Disney Company and related entities (UPC_CFI_87/2025). The order sets out key principles: all parties potentially affected must be heard; a change to the patent language under Art. 49(5) UPCA addresses situations where the initial choice is detrimental to a party; and the position of defendants is the decisive factor when the balance of interests is otherwise equal. The order does not finally resolve the application but establishes the procedural framework.
2025-04-30UPC_APP_17782/2025Mannheim LDGeneric applicationProceduralProcedural onlyMannheim Local Division issued an order concerning the exchange of a member of the confidentiality club in proceedings between FUJIFILM Corporation and Kodak defendants over EP 3 476 616, granting or adjusting access to confidential information by specific named individuals in place of previous club members. This is a routine confidentiality management order under Rule 262A RoP.
2025-04-29ACT_831/2025Paris CDApplication For CostsCostsCosts onlyThe Central Division Paris issued a costs order in connection with the revocation action UPC_CFI_454/2023, requiring Tandem Diabetes to pay Roche Diabetes Care's representation and litigation costs. The Court rejected Tandem Diabetes's request to stay the costs proceedings pending the appeal against the decision on the merits.
2025-04-29ACT_831/2025Paris CDApplication For CostsCostsCosts onlyThe Paris Central Division issued a cost decision ordering Tandem Diabetes Care to pay Roche Diabetes Care's legal costs of EUR 112,000 plus travel expenses and court fees totalling approximately EUR 119,623, following Roche's success in the underlying revocation action.
2025-04-29ACT_6322/2025Paris CDApplication For CostsCostsCosts onlyThe Central Division Paris issued a costs decision in the revocation action (BMW v. ITCiCo Spain), clarifying that costs incurred in the application to set aside a default decision are recoverable within the main costs proceedings, not as a separate cost decision.
2025-04-29UPC_APP_12962/2025The Hague LDApplication Rop 265ProceduralSettledThe Hague Local Division order granting withdrawal of both the infringement action (filed by Hand Held Products Inc.) and the counterclaim for revocation (filed by Scandit AG and Scandit Inc.) concerning EP 4 163 816, following a settlement between the parties. Both parties consented to withdrawal; no cost decisions were requested. The court also ordered 60% reimbursement of court fees to each party (written procedure not concluded in either action) and set the value of each action at EUR 3,000,000. The register was instructed to record the closure of both actions.
2025-04-29UPC_APP_16910/2025Paris LDWithdrawal (RoP265)WithdrawalWithdrawnArcelorMittal's application to withdraw the infringement action (UPC_CFI_583/2024) was permitted. The action was withdrawn before closure of the written procedure. The Court declared proceedings closed and ordered 60% reimbursement of court fees to ArcelorMittal under R.370.9(b)(i) RoP. No cost compensation was sought by either party.
2025-04-29UPC_CFI_98/2025Paris CDApplication For CostsCosts onlyOrder of Central Division Paris Seat in BMW v ITCiCo Spain (EP 2 796 333) on an application for a costs decision. BMW (applicant/claimant in the revocation action, where a default judgment had revoked the patent) sought recovery of costs incurred in opposing ITCiCo's failed application to set aside the default judgment. The court held that an application to set aside a decision by default is an internal procedural remedy and does not independently give rise to costs: those costs may be claimed within the costs proceedings related to the underlying default judgment.
2025-04-28UPC_APP_17575/2025Hamburg LDGeneric applicationProceduralProcedural onlyThe Hamburg Local Division judge-rapporteur rejected Xiaomi's application to disregard certain submissions by Nera Innovations on patentability of auxiliary requests in its reply on the patent amendment application, holding that the submissions were a permissible deepening of earlier arguments and not late-filed new matter.
2025-04-28UPC_APP_5416/2025Milan LDApplication RoP262AProceduralProcedural onlyThe Milan Local Division issued a procedural order on multiple Rule 262A RoP applications by ASUSTeK and other defendants for confidentiality protection of their business documents in the Ericsson v. ASUSTeK patent infringement action concerning EP 3 076 673.
2025-04-28UPC_APP_14082/2025Court of AppealGeneric applicationProceduralProcedural onlyThe UPC Court of Appeal granted Juul Labs International's application to stay the revocation appeal proceedings pending a final decision by the EPO Boards of Appeal in parallel opposition proceedings concerning EP3430921, noting that both parties agreed to the stay and that the EPO oral proceedings were scheduled for approximately the same time as the UPC appeal hearing.
2025-04-28UPC_CFI_319/2024Milan LDApplication RoP262AProcedural onlyOrder from the Milan Local Division dated 28 April 2025 on R. 262A RoP applications filed by ASUSTek Computer Inc., Arvato Netherlands B.V. and Digital River Ireland Ltd. in infringement proceedings (and related counterclaim for revocation) brought by Telefonaktiebolaget LM Ericsson regarding EP 3 076 673. The court ruled on access restrictions for the 'Asustek Confidential Documents', limiting access to specified representatives, one licensing/valuation expert, and one designated company representative, subject to strict confidentiality obligations.
2025-04-28UPC_CFI_318/2024Milan LDApplication RoP262AProcedural onlyThe Milan Local Division (Judge-Rapporteur) issued an order in the infringement action by Telefonaktiebolaget LM Ericsson against ASUSTek Computer, Arvato Netherlands and Digital River Ireland concerning EP 3 076 673. The defendants' applications under R. 262A and R. 262.2 RoP sought confidential treatment ('external eyes only') for certain Asustek documents in both the main action and the related counterclaim for revocation. The court ruled on the conditions for granting an 'external eyes only' regime, finding it available in cases of proven risk of conflict between the patent system and antitrust law.
2025-04-25UPC_APP_16612/2025Court of AppealApplication RoP262.1 (b)ProceduralProcedural onlyThe Court of Appeal granted a member of the public (Nicoventures) immediate access to written pleadings and evidence under R. 262.1(b) RoP, subject to conditions restricting use of those documents in other proceedings until the appeal is resolved.
2025-04-25UPC_APP_13365/2025Court of AppealApplication RoP262.1 (b)ProceduralProcedural onlyCourt of Appeal granted Nicoventures Trading Limited's request for access to written pleadings and evidence from appeal proceedings (Rule 262.1(b) RoP) involving Juul Labs and NJOY (nicotine product patents). Access was granted subject to conditions: Nicoventures may not file the pleadings with other courts (e.g. EPO Boards of Appeal) until the UPC appeal is closed, though it may use the arguments or prior art independently. Personal data in the documents was to be redacted by the Registry. Blanket requests for future documents were held inadmissible.
2025-04-25UPC_APP_13352/2025Court of AppealApplication RoP262.1 (b)ProceduralProcedural onlyThe Court of Appeal granted Nicoventures Trading Limited access to specified written pleadings and evidence from the NJOY vs. VMR Products (Juul) appeal proceedings (UPC_CFI_310/2023), subject to the condition that the documents may not be filed with other courts or distributed until the appeal is concluded.
2025-04-24UPC_APP_18809/2025Dusseldorf LDGeneric applicationProceduralProcedural onlyThe Düsseldorf Local Division granted a deadline extension to claimant Rädlinger Maschinenbau GmbH under R. 9(3) RoP, because the defendant had belatedly delivered a USB stick containing exhibits only after the deadline for response had already begun, and no significant delay to the proceedings would result.
2025-04-24ACT_588685/2023Paris LDInfringement ActionInfringement meritsInfringedThe Paris Local Division found that Laser Components SAS infringed EP 3 404 726 owned by Seoul Viosys Co. Ltd., ordered corrective measures including withdrawal and destruction of infringing UV-C LED chips from the French market, and directed disclosure of information for damages calculation, while reserving the quantum of damages for a separate procedure.
2025-04-23ORD_19201/2025Milan CDGeneric OrderProceduralProcedural onlyThe Düsseldorf Local Division referred the counterclaim for revocation to the Milan Central Division while retaining jurisdiction over the infringement action pursuant to Art. 33(3)(b) UPCA. The application to amend the patent was referred together with the counterclaim for revocation.
2025-04-23UPC_APP_19188/2025Munich LDGeneric applicationProceduralProcedural onlyProcedural order of the Munich Local Division (presiding judge Zigann) granting Samsung's request to set a uniform service date of 5 May 2025 and uniform Statement of Defence deadline of 5 August 2025 for all defendants in Maxell Ltd.'s infringement action concerning EP 2 403 266. The parties had agreed on the virtual service date to harmonise the deadline regime given that service on Samsung Electronics Co. Ltd. in Korea had not yet been completed.
2025-04-23UPC_APP_17665/2025Dusseldorf LDApplication RoP262AProceduralProcedural onlyConfidentiality order under R. 262A RoP granted in infringement proceedings between CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG and ALPINA Coffee Systems GmbH. Specific financial information (employee count, annual turnover, balance sheet total) contained in a defendant exhibit classified as confidential; access restricted to named representatives and one CFO on claimant's side.
2025-04-23UPC_CFI_537/2024Hamburg LDApplication RoP262AProceduralProcedural onlyProcedural order granting Nintendo's request for confidentiality protection (Rule 262A RoP) of sales data in their Statement of Defence. Access to unredacted information restricted to two named reliable persons on the Claimant's side, subject to conditions. Claimant's request for access for two specific employees was accommodated.
2025-04-23UPC_CFI_452/2024Nordic-Baltic RDApplication Rop 265WithdrawnThe Nordic-Baltic Regional Division declared proceedings closed following the mutual withdrawal of Viking Arm AS's infringement action and Stanley Black & Decker's counterclaim for revocation concerning EP 3 953 541. Both parties consented to each other's withdrawal and agreed that no cost decision was required.
2025-04-23UPC_CFI_471/2023Mannheim LDInfringement ActionProcedural onlyPre-trial procedural order from the Mannheim Local Division in an infringement action concerning EP 2 479 680 (adaptive bitrate streaming), confirming the oral hearing date and identifying key contested issues, including claim construction of the HTTP streaming method claims, direct and equivalent infringement, and the defendant's invalidity counterclaim. The order is preparatory and contains no substantive ruling.
2025-04-22UPC_APP_18755/2025Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division issued a procedural order confirming service of the statement of claim on a Chinese defendant (via voluntary appointment of Hogan Lovells), granting a five-week extension of the defence deadline, and providing instructions on case management system access for multiple defendants.
2025-04-22UPC_APP_17607/2025Milan CDApplication Rop 265ProceduralWithdrawnThe Milan Central Division allowed Pfizer's withdrawal of both the revocation action (ACT_45928/2024) and the counterclaim for revocation (CC_60908/2024) against GlaxoSmithKline Biologicals SA concerning EP 4 183 412 (RSV vaccine patent), with GSK's consent and without a cost decision; 60% of court fees were reimbursed to Pfizer.
2025-04-22UPC_APP_18914/2025Dusseldorf LDGeneric applicationProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order in the Atlas Global Technologies v. TP-Link infringement proceedings concerning EP 3 186 937, addressing procedural matters in the parallel cases.
2025-04-22ACT_7529/2025Dusseldorf LDApplication For CostsCostsCosts onlyDecision of the Düsseldorf Local Division on a costs assessment application (Rule 151 RoP) filed by Mammut Sports Group GmbH and Mammut Sports Group AG following a judgment in the main proceedings (UPC_CFI_16/2024) where Ortovox Sportartikel GmbH's infringement action for EP 3 466 498 B1 was decided. The Court partially granted the costs application, allowing reimbursement of EUR 4,866.11, correcting the defendants' calculation base to use only the infringement action value of EUR 1,000,000 rather than the consolidated value including the revocation counterclaim.
2025-04-22UPC_APP_7730/2025Dusseldorf LDApplication RoP262AProceduralProcedural onlyDüsseldorf Local Division procedural order granting Ortovox Sportartikel GmbH's application for protection of confidential information (R. 262A RoP) in the context of a costs-assessment (Kostenfestsetzungsverfahren) procedure concerning EP 3 466 498. The court found the formal requirements met and granted protection for trade secrets and other confidential information submitted in the costs proceedings.
2025-04-22UPC_APP_16366/2025Milan CDApplication Rop 265ProceduralWithdrawnMilan Central Division procedural order granting Pfizer's application to withdraw a revocation action against GlaxoSmithKline Biologicals SA concerning EP 4 183 412 (RSV F protein vaccine patent), and a separately filed counterclaim for revocation in parallel Düsseldorf infringement proceedings (which had been referred to the Central Division). Pfizer and Glaxo had each filed applications to amend the patent; both revocation actions were withdrawn by Pfizer prior to closure of the written procedure. The court also ordered 60% reimbursement of court fees and confirmed each party bears its own costs.
2025-04-22ACT_7605/2025Dusseldorf LDApplication For CostsCostsCosts onlyDecision by Düsseldorf Local Division (UPC_CFI_16/2024, 22 April 2025) on costs assessment (Kostenfestsetzung) following Ortovox's successful infringement action against Mammut for EP 3 466 498 B1. The court ruled that using multiple attorneys is permissible for cost recovery purposes where no duplicate costs are generated; PI costs and main proceedings costs have separate caps and are separately reimbursable.
2025-04-22UPC_APP_17784/2025Milan CDApplication Rop 265ProceduralWithdrawnOrder by Milan Central Division (UPC_CFI_687/2024, 22 April 2025) permitting Pfizer's withdrawal of the revocation action and counterclaim for revocation against GlaxoSmithKline's EP 4 183 412 (RSV F protein vaccine), and permitting GlaxoSmithKline to withdraw its patent amendment application. 60% court fee reimbursement was granted; each party bears its own costs.
2025-04-22UPC_APP_16448/2025Court of AppealApplication Rop 265ProceduralProcedural onlyCourt of Appeal (Panel 1a) order on Amazon's appeal against a Munich Local Division order refusing Amazon's R. 190 RoP request for production of unredacted Nokia documents in infringement proceedings concerning EP 2 661 892. The appeal became moot (Erledigung der Hauptsache, R. 360 RoP) following a development in the main proceedings, and the Court issued a procedural order addressing costs in the now-resolved appeal.
2025-04-22UPC_APP_16448/2025Court of AppealApplication Rop 265ProceduralDismissedCourt of Appeal dismissed Amazon's appeal against the Munich Local Division's refusal to disclose unredacted documents held by Nokia under Art.59 UPCA and R.190 RoP (evidence production). The appeal became devoid of purpose after the underlying infringement proceedings (UPC_CFI_399/2023) were declared closed following Nokia's withdrawal of the infringement action. The appeal was disposed of under R.360 RoP.
2025-04-22UPC_CFI_476/2024Milan CDApplication Rop 265WithdrawnMilan Central Division allowed Pfizer's withdrawal of the revocation action and the counterclaim for revocation concerning GlaxoSmithKline's EP 4 183 412 (RSV vaccine patent), allowing GSK to withdraw its corresponding patent amendment application. Proceedings were declared closed. Each party bears its own costs. The request for 60% court fee reimbursement was allowed.
2025-04-18UPC_APP_9095/2025Court of AppealApplication Rop 223ProceduralProcedural onlyThe Court of Appeal refused Meril's application for suspensive effect of their appeal against the Munich Local Division's infringement decision in favour of Edwards Lifesciences, meaning the first-instance judgment remained enforceable pending appeal.
2025-04-18UPC_APP_13022/2025Court of AppealGeneric applicationCostsCosts onlyOrder from the Court of Appeal (UPC_CoA_520/2024) on Scandit's application for 20% reimbursement of court fees under R. 370.11 RoP following the withdrawal of Hand Held Products' appeal against a preliminary injunction. The CoA had previously granted a PI at first instance against Scandit for indirect infringement of EP 3 866 051; Hand Held Products later withdrew its application for provisional measures and the appeal proceedings were declared closed. The Court decided on whether the withdrawal before closure of oral proceedings qualified for fee reimbursement.
Page 15 of 36 · 1,785