| 2024-07-02 | UPC_APP_29031/2024 | Paris CD | Generic application | motionName.jurisdictional | Procedural only | Paris Central Division (Panel 1) procedural order on the admissibility of Nokia Technology GmbH's application to amend patent EP 2 044 709 B1 in the context of a revocation action brought against it by Mala Technologies Ltd. The claimant (Mala) argued the amendment application was inadmissible because Nokia had not initiated the separate CMS workflow within the required time. The order addresses the procedural timetable question and hearing invitation; no final ruling on validity or admissibility was reached in this document. |
| 2024-07-02 | UPC_APP_28103/2024 | Paris CD | Generic application | Procedural | Procedural only | Paris Central Division (judge-rapporteur Catallozzi) order dismissing Microsoft Corporation's application to declare Suinno Mobile & AI Technologies' infringement action inadmissible on the ground that Suinno's representative was not independent under Art. 48 UPCA and the code of conduct. The Court held that a violation of the independence obligation cannot be invoked by the opposing party (only by the represented party itself), and that the representative being the inventor and original applicant does not in itself render them non-independent for purposes of R. 290-292 RoP. |
| 2024-06-27 | ORD_38680/2024 | Mannheim LD | Generic Order | Procedural | Procedural only | The Mannheim Local Division issued case management guidance in Panasonic v. OPPO covering claim construction requirements, amendment applications, and the admissibility of the FRAND declaratory relief counterclaim, including on late patent amendment applications. |
| 2024-06-27 | UPC_APP_37868/2024 | Paris CD | Generic application | Procedural | Procedural only | Order of the Paris Central Division (judge-rapporteur Catallozzi) granting Roche Diabetes Care GmbH's application for extension of the deadline for filing its rejoinder to the reply to the defence in a revocation action for EP 2 196 231. Roche argued that Tandem Diabetes Care submitted new prior art in their reply that had not previously been discussed, and that it needed additional time to address both the new prior art and a parallel counterclaim for revocation before the Hamburg Local Division. The court extended the deadline to 29 July 2024, exercising its discretionary power under principles of proportionality, flexibility, fairness and equity. |
| 2024-06-26 | ORD_37232/2024 | Dusseldorf LD | Generic Order | Procedural | Procedural only | Düsseldorf Local Division (26 June 2024) granted Access Advance LLC's application to join the proceedings as a third-party intervener (Streithelferin) on Dolby's side, holding that Access Advance had a direct legal interest because it managed the FRAND licensing obligations for Dolby's patent pool including the patent in suit, and HP was disputing those FRAND obligations. |
| 2024-06-26 | UPC_APP_19084/2024 | Paris CD | Application RoP262A | Procedural | Procedural only | Paris Central Division procedural order ruling on Suinno Mobile & AI Technologies Licensing Oy's application to keep certain documents ('Agreement A & B') confidential from Microsoft Corporation and the public in infringement proceedings concerning EP 2 671 173. The court first rejected Microsoft's admissibility objection (that Suinno's representative, who was also the inventor and managing director, lacked independence under the Code of Conduct), finding the objection unfounded. The substantive confidentiality application was then assessed on its merits. |
| 2024-06-24 | UPC_APP_34724/2024 | Dusseldorf LD | Generic application | Procedural | Procedural only | The Düsseldorf Local Division granted Dolby International's application for a deadline extension to file its Reply to the Defence, holding that where access to pleadings was initially restricted under Rule 262A RoP, a party must be granted sufficient time once access is given to consult with its technical experts. |
| 2024-06-21 | UPC_APP_35134/2024 | The Hague LD | Generic application | Procedural | Procedural only | The Hague Local Division rejected a request for simultaneous interpretation facilities between English and Polish at the oral hearing in the Amycel v. Spyra preliminary injunction proceedings, but granted a different request for interpretation under Rule 109.4 RoP after applying the double appropriateness test. |
| 2024-06-21 | ORD_36553/2024 | Dusseldorf LD | Generic Order | Procedural | Procedural only | Düsseldorf Local Division early procedural order (R. 37.2 RoP) in Tridonic GmbH & Co KG's infringement action against CUPOWER entities concerning EP 2 011 218 B1 (same case as the later final decision). The court decided to handle both the infringement action and the revocation counterclaim jointly (Art. 33(3)(a) UPCA) before the close of the written proceedings, for reasons of procedural economy and to allow early assignment of a technically qualified judge. |
| 2024-06-19 | UPC_APP_35055/2024 | Court of Appeal | Generic application | motionName.appeal_decision | Procedural only | Court of Appeal (Panel 2) procedural order rejecting ICPillar LLC's application for suspensive effect of a Paris Local Division order requiring ICPillar to provide security for costs of EUR 600,000 (R. 158 RoP), and also rejecting ICPillar's subordinate request for expedition of the appeal. The Court held that suspensive effect under Art. 74(1) UPCA is in principle available for R. 220.2 RoP orders (notwithstanding R. 223.5 RoP), but that only exceptional circumstances justify granting it. No exceptional circumstances existed here – the risk of a default judgment if ICPillar fails to comply is an inherent feature of non-compliance, and is not sufficient to grant suspensive effect. |
| 2024-06-18 | UPC_APP_26610/2024 | Dusseldorf LD | Generic application | motionName.jurisdictional | Procedural only | The President of the Court of First Instance denied Apple's application to change the language of the proceedings from German to English (the language of the patent) in the infringement action brought by Ona Patents SL at the Düsseldorf Local Division. The President found that the balance of interests did not favour a language change, given that Ona Patents (a medium-sized Spanish company) had legitimate reasons to file in German and the change would represent a significant drawback for the claimant while providing only a slight advantage to Apple. |
| 2024-06-18 | UPC_APP_26544/2024 | Dusseldorf LD | Generic application | motionName.jurisdictional | Procedural only | Order of the President of the Court of First Instance on an application by Google Ireland Ltd and Google Commerce Ltd to change the language of the proceedings from German to English (R. 323 RoP) in an infringement action brought by Ona Patents SL concerning EP 2 263 098. The order deals with the procedural question of language selection, balancing the interests of both sides. |
| 2024-06-17 | UPC_APP_34190/2024 | Court of Appeal | Generic application | Procedural | Procedural only | The Court of Appeal allowed Audi's application to file additional written pleadings in the appeal proceedings correcting factual submissions by NST, applying Rules 35, 36 and 9.3(b) RoP mutatis mutandis to appeal proceedings. |
| 2024-06-17 | UPC_APP_34185/2024 | Court of Appeal | Generic application | Procedural | Procedural only | The Court of Appeal allowed Audi's application to file additional written pleadings to correct factual submissions by NST in Audi's appeal against the dismissal of its security-for-costs application. |
| 2024-06-17 | UPC_APP_34219/2024 | Court of Appeal | Generic application | motionName.appeal_decision | Procedural only | The Court of Appeal denied Volkswagen's request for leave to file an additional written pleading in its security-for-costs appeal, holding there was no genuine need to correct NST's factual submissions via an additional brief under R.36 and R.9.3(b) RoP. |
| 2024-06-17 | UPC_APP_34211/2024 | Court of Appeal | Generic application | motionName.appeal_decision | Procedural only | Order of the Court of Appeal on a request by Volkswagen AG to file additional written pleadings (R.36, R.9.3(b) RoP) in appeal proceedings concerning security for costs. The Court found no need to allow additional pleadings in the circumstances of the case. |
| 2024-06-17 | UPC_APP_36031/2024 | Dusseldorf LD | Generic application | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order permitting service of the statement of claim upon the Turkish defendant (Altech Makina) at a trade fair stand in Amsterdam under R. 271.5(a) RoP. The court held that a trade fair stand constitutes a temporary business address within UPC contracting member states, where service is permissible. |
| 2024-06-17 | UPC_APP_34189/2024 | Court of Appeal | Generic application | Procedural | Procedural only | The Court of Appeal (standing judge) dismissed Volkswagen AG's application to file additional written pleadings in appeal proceedings (UPC_CoA_218/2024) challenging a CFI order on security for costs in an infringement action by Network System Technologies LLC. Volkswagen sought to respond to certain facts in NST's statement of response. The Court held that R. 239.1 RoP makes R. 35 and R. 36 RoP applicable in appeal proceedings mutatis mutandis but found no sufficient grounds for allowing additional pleadings in the circumstances. |
| 2024-06-16 | UPC_APP_30430/2024 | Munich LD | Application RoP262A | Procedural | Procedural only | The Munich Local Division judge-rapporteur granted Tesla's application for confidentiality protection under Rule 262A RoP, restricting access to internally designated confidential commercial information in Tesla's written submissions to named persons with legitimate interests. |
| 2024-06-16 | UPC_APP_30430/2024 | Munich LD | Application RoP262A | Procedural | Procedural only | Munich Local Division procedural order granting Tesla's application for confidentiality protection (R. 262A RoP) over internal company information contained in an additional written submission filed by Tesla outside the procedural timetable. The contested information (highlighted in grey) relates to intra-group corporate data. The order limits access to a maximum of three named, reliable persons on the claimant's side. |
| 2024-06-13 | UPC_APP_35009/2024 | Mannheim LD | Generic application | Procedural | Procedural only | Order of the Mannheim Local Division granting time extensions for Xiaomi Technology Germany GmbH, Xiaomi Technology France S.A.S., Xiaomi Technology Italy S.R.L., Xiaomi Technology Netherlands B.V., Odiporo GmbH and Shamrock Mobile GmbH in parallel infringement proceedings concerning EP 2 568 724 (Panasonic v Xiaomi). The extensions were granted due to the confidentiality regime established for FRAND-related submissions by the claimant. |
| 2024-06-12 | UPC_APP_34029/2024 | Munich LD | Generic application | Procedural | Procedural only | The Local Division Munich, in preliminary measures proceedings, granted a postponement of the oral hearing from 11 July to 12 July 2024 at the request of defendants whose counsel had a prior conflicting hearing, as the claimant ultimately agreed to the rescheduling. |
| 2024-06-12 | UPC_APP_29928/2024 | Munich LD | Generic application | motionName.jurisdictional | Procedural only | The President of the Court of First Instance granted Samsung's request to change the language of proceedings from German to English (the language in which the patent was granted), as Headwater Research did not object, in an infringement action based on EP 2 391 947. |
| 2024-06-06 | UPC_APP_27571/2024 | Munich LD | Procedural Order | Procedural | Procedural only | Munich Local Division procedural order on Tesla's R. 190.1 RoP request for production of board resolutions and power of attorney documents from Avago Technologies in infringement proceedings concerning EP 1 838 002. Tesla sought internal board resolutions authorising the transfer of patent title and granting of powers of attorney. The order addresses whether such internal corporate documents must be produced. |
| 2024-06-04 | UPC_APP_31209/2024 | Court of Appeal | Generic application | Procedural | Procedural only | The Court of Appeal (second panel) addressed Nera Innovations' request for partial withdrawal of its appeal against two of four Xiaomi defendants, establishing principles on when partial withdrawal of an appeal is permissible under R. 265 RoP and whether the other parties have legitimate interests in a full decision. |
| 2024-06-04 | UPC_APP_30470/2024 | Court of Appeal | Generic application | motionName.appeal_decision | Dismissed | Court of Appeal (4 June 2024) rejected Daedalus Prime LLC's application to partially withdraw its appeal as against Xiaomi NL and Xiaomi DE only. The CoA held that those respondents had been served, had responded to the appeal, and had a legitimate interest in having the appeal adjudicated in relation to them, so partial withdrawal would impermissibly deprive them of their right to be heard. |
| 2024-06-04 | UPC_APP_27608/2024 | Hamburg LD | Procedural Order | Procedural | Procedural only | Procedural order in Avago Technologies International Sales Pte. Limited v. Tesla Germany GmbH / Tesla Manufacturing Brandenburg SE (Hamburg Local Division) on a follow-up application for document production under R. 190.1 RoP. Defendants challenged the standing of claimant by disputing the validity of certain powers of attorney concerning ownership chain of the asserted patent. The order addresses the application for production of board resolutions underlying the claimant's chain of title. |
| 2024-05-30 | UPC_APP_22744/2024 | Dusseldorf LD | Generic application | motionName.jurisdictional | Procedural only | Order of the President of the Court of First Instance granting Samsung's application to change the language of proceedings from German to English in the Headwater Research v Samsung infringement action (EP 3 110 069) before Düsseldorf Local Division under R. 323 RoP, allowing the use of English (the language in which the patent was granted). |
| 2024-05-22 | UPC_APP_29007/2024 | Court of Appeal | Generic application | Procedural | Procedural only | The Court of Appeal denied Audi AG's request to expedite its appeal against the dismissal of an application for security for costs in the NST v. Audi infringement action, finding the request too unspecified and insufficiently substantiated. |
| 2024-05-22 | UPC_APP_29005/2024 | Court of Appeal | Generic application | Procedural | Dismissed | The Court of Appeal denied Volkswagen's request to expedite the appeal and shorten deadlines under Rules 225(e) and 9.3(b) RoP, finding the request too unspecified and insufficiently substantiated. |
| 2024-05-22 | UPC_APP_29006/2024 | Court of Appeal | Generic application | Procedural | Dismissed | The UPC Court of Appeal denied Audi AG's request to expedite the appeal against the Munich Local Division's refusal to order security for costs from Network System Technologies LLC in infringement proceedings concerning EP1875683, finding the request too unspecific and insufficiently substantiated. |
| 2024-05-22 | UPC_APP_28997/2024 | Court of Appeal | Generic application | Procedural | Procedural only | The Court of Appeal denied Volkswagen's request to expedite its appeal against a first-instance order dismissing its application for security for costs, finding the request too unspecific and insufficiently substantiated. No expedition was granted. |
| 2024-05-21 | UPC_APP_22767/2024 | Paris LD | Generic application | motionName.unclear | Procedural only | The Paris Local Division issued a very brief procedural order in the Arm Limited infringement proceedings; the content is minimal with no substantive ruling recorded in the excerpt. |
| 2024-05-16 | UPC_APP_4931/2024 | Mannheim LD | Procedural Order | Procedural | Procedural only | The Mannheim Local Division issued a procedural order on OPPO's application for document disclosure under R. 190 RoP in SEP/FRAND infringement proceedings, addressing the production of Panasonic's licence agreements relevant to assessing FRAND compliance. |
| 2024-05-15 | UPC_APP_15573/2024 | The Hague LD | Application RoP262A | Procedural | Procedural only | The Hague Local Division judge-rapporteur issued a confidentiality order under Rule 262A RoP, classifying experimental data relating to allegedly infringing Bioo Panels as confidential, granting access only to one named natural person per party plus legal representatives, subject to a proportionate penalty for breach. |
| 2024-05-15 | UPC_APP_15573/2024 | The Hague LD | Application RoP262A | Procedural | Procedural only | The Hague Local Division granted Arkyne Technologies' (Bioo) application for a confidentiality order under R.262A RoP, protecting experimental data in the counterclaim proceedings, but limited access to one natural person within Plant-e and ordered that a proportionate penalty be assessed on a case-by-case basis for each breach. |
| 2024-05-15 | UPC_APP_23209/2024 | Hamburg LD | Generic application | Procedural | Costs only | Final order from the Hamburg Local Division (UPC_CFI_151/2024) in Ballinno's application for provisional measures against UEFA and Kinexon entities concerning EP 1 944 067. The Court addressed defendants' applications regarding: (1) allocation of a technically qualified judge — denied; (2) security for costs of EUR 200,000 — granted at EUR 56,000 (by deposit or bank guarantee), in line with the ceiling for recoverable costs for a EUR 500,000 value of proceedings; and (3) setting of the value in dispute at EUR 2,000,000 — addressed. |
| 2024-05-14 | UPC_APP_23193/2024 | Dusseldorf LD | Amend Document | Procedural | Procedural only | Order by Düsseldorf Local Division (UPC_CFI_457/2023, 14 May 2024) allowing Dolby International AB's unconditional restriction of its infringement claim under R. 263.3 RoP to exclude HP computers equipped with NVIDIA GPU-based HEVC video decoding. The court characterised the restriction as an unconditional and always-permissible limitation of the claim under R. 263.3 RoP (not merely a clarification), and noted that the defendants' intervention invitation application appeared to have become moot. |
| 2024-05-13 | UPC_APP_26281/2024 | Munich LD | Generic application | Procedural | Procedural only | Order by Munich Local Division (UPC_CFI_127/2024, 15 May 2024) on Motorola Mobility Germany GmbH and Digital River Ireland Ltd.'s application to extend the preliminary-objection deadline (R. 19.1, R. 9.3(a) RoP) to align with the deadline for US-served co-defendants, citing procedural economy in a patent infringement action by Headwater Research LLC for EP 3 110 072. |
| 2024-05-10 | UPC_APP_23523/2024 | Paris CD | Generic application | Procedural | Procedural only | Paris Central Division procedural order (judge-rapporteur Haedicke) in a revocation action by CEAD B.V. and CEAD USA B.V. against BEGO Medical GmbH concerning EP 2 681 034 B1, addressing a request by CEAD (as claimant in the Dutch-language revocation proceedings) for simultaneous interpretation into Dutch (alternatively English) at the interim hearing (29 May 2024) and oral hearing (23 August 2024). The court rejected the request for simultaneous interpretation under R. 109 VerfO, holding that the right to be heard is sufficiently protected where the party's authorised representative is fluent in the language of the proceedings (German). Simultaneous interpretation at the parties' own cost, however, was permitted. |
| 2024-05-09 | UPC_APP_26104/2024 | Munich LD | Generic application | Procedural | Procedural only | Munich Local Division procedural order (judge-rapporteur Zigann) in infringement proceedings by NEC Corporation against TCL/TCT Mobile entities concerning EP 3 057 321. The order addresses a request by defendants to compel the claimant to supply the HEVC standard version referenced in the statement of claim. The order likely resolves this document disclosure issue procedurally. No substantive ruling on infringement or validity. |
| 2024-05-08 | UPC_APP_22295/2024 | Munich LD | Generic application | Evidence | Procedural only | The Munich Local Division issued an order requiring Huawei to disclose a recently concluded licence agreement with Amazon under confidentiality restrictions (Rule 262A RoP) for use in the FRAND/SEP infringement proceedings. |
| 2024-05-08 | UPC_APP_12111/2024 | Munich LD | Generic application | motionName.jurisdictional | Procedural only | Order on preliminary objections (Rule 19 RoP) and requests pursuant to Rule 361 RoP filed by Volkswagen AG, Audi AG, Texas Instruments Inc. and Texas Instruments Deutschland GmbH against Network System Technologies LLC in an infringement action concerning EP 1 552 399 B1. The Court addressed issues of admissibility of the infringement action, withdrawal of opt-out validity under Rule 5 RoP, and standing to sue. No final substantive ruling on infringement or patent validity. |
| 2024-05-08 | UPC_APP_12109/2024 | Munich LD | Generic application | motionName.jurisdictional | Procedural only | Order by Munich Local Division (UPC_CFI_514/2023, 8 May 2024) dismissing preliminary objections by Volkswagen AG, Audi AG and Texas Instruments entities. The court upheld the validity of the opt-out withdrawal, NST's standing to sue including for pre-assignment infringement, and rejected challenges to the admissibility of the infringement action concerning EP 1 875 683 B1. |
| 2024-05-08 | UPC_APP_12101/2024 | Munich LD | Generic application | motionName.jurisdictional | Procedural only | Munich Local Division order (full panel) on preliminary objections and R. 361 RoP requests by Volkswagen AG, Audi AG, Texas Instruments Inc., and TI Deutschland GmbH in infringement proceedings by Network System Technologies LLC concerning EP 1 875 683. The R. 361 requests to declare the action manifestly inadmissible or unfounded were dismissed. The preliminary objections were partially dismissed with the remaining jurisdictional issue on patent assignment and pre-assignment infringement deferred to main proceedings. Leave to appeal granted. Costs deferred. |
| 2024-05-06 | UPC_APP_21554/2024 | Milan LD | Application RoP262A | Procedural | Procedural only | The Milan Local Division granted Oerlikon Textile's R. 262A application for confidentiality of financial information produced in response to a cost-disclosure order, restricting access to lawyers only (with parties' consent) in proceedings against Bhagat Textile Engineers. |
| 2024-05-06 | ORD_25608/2024 | Mannheim LD | Rule 264 Order | Procedural | Procedural only | Order by Mannheim Local Division (UPC_CFI_223/2023, 6 May 2024) severing the proceedings against Xiaomi defendants 1, 2, 7 and 8 (Chinese/Hong Kong entities awaiting service under the Hague Convention) from the proceedings against defendants 3-6, 9 and 10 (already served European entities). Service on the overseas defendants was expected to take considerable time, necessitating severance. |
| 2024-05-06 | ORD_25614/2024 | Mannheim LD | Rule 264 Order | Procedural | Procedural only | Mannheim Local Division order (presiding judge and judge-rapporteur Dr. Tochtermann) separating proceedings against unserved Chinese Xiaomi defendants (Xiaomi Inc., Beijing Xiaomi Mobile Software Co. Ltd., Xiaomi H.K. Limited, and Xiaomi Communications Co., Ltd.) from the served Xiaomi entities and distributors in infringement proceedings by Panasonic Holdings Corporation concerning EP 2 568 724. The separation was ordered under R. 303.2 RoP because the representatives of the served defendants were not instructed by the Chinese entities. No substantive ruling. |
| 2024-05-06 | ORD_25617/2024 | Mannheim LD | Rule 264 Order | Procedural | Procedural only | The Mannheim Local Division issued a procedural order separating the infringement proceedings against Xiaomi defendants 1, 2, 7 and 8 (Chinese/HK entities to whom the statement of claim had not yet been served) from the proceedings against the other defendants (3–6, 9, 10) in Panasonic v Xiaomi (UPC_CFI_218/2023, EP 3 096 315). The separation under R. 303.2 RoP was ordered because the European defendants' representatives had not been mandated by the Chinese/HK defendants, and no service authorisation for the Chinese entities via the European affiliates existed. |
| 2024-05-03 | UPC_APP_2352/2024 | Munich LD | Procedural Order | Procedural | Procedural only | The Munich Local Division issued a procedural order in SEP/FRAND infringement proceedings between Panasonic and OPPO/OROPE, addressing applications for disclosure of licence agreements under R. 190 RoP as evidence relevant to whether Panasonic's licensing terms were FRAND-compliant. |