| 2024-11-20 | UPC_CFI_368/2024 | Dusseldorf LD | Generic application | — | Procedural only | The Düsseldorf Local Division ruled on Valeo Electrification's application for rectification (R. 353 RoP) of the preliminary injunction order of 31 October 2024 against Magna PT entities concerning EP 3 320 604 B1. The rectification related to the product scope and spare-parts exception included in the order. The court issued a corrected operative part clarifying the terms of the injunction. |
| 2024-11-19 | UPC_APP_53752/2024 | Hamburg LD | Application RoP262A | Procedural | Procedural only | The Hamburg Local Division judge-rapporteur issued a confidentiality order under Rule 262A RoP, granting limited access to a partially-redacted patent transfer agreement to the defendants' legal representatives and named in-house counsel, while restricting access to in-house counsel responsible for technical (rather than legal) analysis. |
| 2024-11-19 | UPC_APP_53752/2024 | Hamburg LD | Application RoP262A | Procedural | Procedural only | The Hamburg Local Division issued a confidentiality order under R. 262A RoP in Daedalus Prime LLC's infringement action against Xiaomi, classifying information about the patent transfer agreement as confidential and restricting in-house access to designated lead legal counsel only. |
| 2024-11-19 | UPC_APP_52709/2024 | The Hague LD | Generic application | Costs | Procedural only | The Hague Local Division panel considered MAARS companies' application for security for costs against City Glass and Glazing Private Limited (claimant/patentee, domiciled in India) in an infringement action, ruling on the appropriate level of security and whether leave for interim appeal should be granted. The application was for security of at least EUR 49,000. |
| 2024-11-18 | UPC_APP_59463/2024 | Hamburg LD | Generic application | Procedural | Procedural only | The Hamburg Local Division issued a preliminary order granting the claimant's request to rectify the name of Defendant 1 from Nintendo of Europe AG to Nintendo of Europe SE, following a universal succession. The order also addressed the start date of deadlines for filing statements of defence. |
| 2024-11-15 | ACT_459987/2023 | Munich LD | Infringement Action | Infringement merits | Infringed | Munich Local Division full merits decision finding that Meril Life Sciences Pvt Ltd and Meril GmbH infringed Edwards Lifesciences Corporation's patent EP 3 646 825 (a heart valve technology patent). The court ordered a permanent injunction to cease and desist from the infringing acts (transcatheter heart valve products) across all UPC contracting states where the patent has effect, recall of infringing products from commercial channels (excluding devices already scheduled for patient implantation by 15 November 2024), destruction of infringing stock, disclosure of information about distribution and quantities, publication of the decision, and an obligation to pay damages (quantum to be determined separately). The defendant's counterclaim for revocation was dismissed, the patent being upheld as valid. Costs were addressed separately. |
| 2024-11-15 | UPC_APP_57746/2024 | Munich LD | Generic application | Procedural | Procedural only | Procedural order from the Munich Local Division (UPC_CFI_15/2023) rejecting Meril's application to request information from the European Commission regarding antitrust investigations into Edwards Lifesciences' patent filing and litigation strategy. The Court declined to exercise its discretion to seek such information and denied Meril's request to reopen the oral procedure. |
| 2024-11-15 | UPC_APP_56354/2024 | Munich LD | Generic application | Procedural | Procedural only | Procedural order from Munich Local Division (full panel) in the infringement proceedings of Edwards Lifesciences Corporation against Meril GmbH and Meril Life Sciences Pvt Ltd. concerning EP 3 646 825. Defendants requested the court to ask the European Commission for information about antitrust investigations against Edwards. The panel declined the request at this stage as premature and disproportionate, noting that the merits (infringement and validity) would be assessed at the oral hearing first. |
| 2024-11-15 | UPC_APP_60393/2024 | Munich LD | Generic application | Procedural | Procedural only | The Munich Local Division issued a procedural order in the infringement action by Edwards Lifesciences Corporation against Meril GmbH and Meril Life Sciences Pvt Ltd. (UPC_CFI_15/2023, EP 3 646 825). The defendants' applications to request information from the European Commission about antitrust investigations involving Edwards were denied. The Court declined to approach the European Commission as this was neither ordered by the Court of its own motion nor within the procedural framework for the specific oral hearing. |
| 2024-11-15 | UPC_CFI_515/2024 | Unknown | — | — | Procedural only | Munich Local Division ordered reimbursement of 60% of court fees (EUR 6,600) to Philips following the withdrawal of its application for provisional measures one day after filing. The Court held that R.370(9)(b)(i) RoP applies by analogy to withdrawals before the written procedure is closed. |
| 2024-11-14 | UPC_APP_43938/2024 | Munich LD | Application RoP262A | Procedural | Procedural only | Procedural order from the Munich Local Division (UPC_CFI_114/2024 and UPC_CFI_448/2024) on Vibrantz's application for confidentiality protection under R. 262A RoP in infringement proceedings by Heraeus Electronics concerning EP 3 215 288. The full panel (including technically qualified judge) addressed the composition of the confidential club, the scope of protected information, and clarifications on which paragraphs of the statement of defence were subject to the confidentiality regime. |
| 2024-11-14 | UPC_APP_61002/2024 | Court of Appeal | Application Rop 223 | Procedural | Procedural only | Court of Appeal (Standing Judge Rian Kalden) granted suspensive effect to the appeal by Magna International France, Magna PT B.V. & Co. KG, and Magna PT s.r.o. over a preliminary injunction order (ORD_56545/2024) issued by Düsseldorf Local Division in favour of Valeo Electrification (EP 3 320 602). The suspensive effect was limited to the question whether the 'BMW 2 Series Gran Coupé' model was covered by the exception in the injunction, pending a CFI decision on a request for correction of an obvious slip in the injunction. |
| 2024-11-13 | UPC_CFI_358/2023 | Paris LD | Infringement Action | Infringement merits | Infringed | Final decision on the merits (in French) in the infringement action by Hewlett-Packard Development Company LP against LAMA France concerning inkjet printer cartridge technology. The Paris Local Division found that LAMA France infringed the patent in suit (a fluid ejection device patent). The court ordered: (I) patent maintained as valid (invalidity counterclaim rejected); (II) injunction against infringing cartridges; (III) corrective measures including recall from distribution channels and destruction of infringing stock; (IV) disclosure of sales information for damages calculation; (V) costs split equally between parties (50/50); provisional damages on costs rejected. Infringement established without requiring prior notice of the patent to the defendant. |
| 2024-11-12 | UPC_APP_40276/2024 | Munich LD | Procedural Order | Procedural | Procedural only | The Munich Local Division issued a preliminary order in Headwater Research LLC's infringement action against Samsung, concerning an application for an order to produce evidence under R. 190 RoP; minimal text was available in the excerpt but the order was issued by Presiding Judge Zigann on 12 November 2024. |
| 2024-11-12 | APL_596007/2023 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | Procedural only | The Court of Appeal ruled on the interpretation of the term 'action' in Article 83 UPCA regarding jurisdiction and withdrawal of opt-outs during the transitional period. The Court held that the sentence concerning national court actions in Art. 83(4) UPCA refers only to actions brought during the transitional regime. |
| 2024-11-05 | ACT_571669/2023 | Paris CD | Revocation Action | Revocation merits | Revoked | Paris Central Division (Section 1) revoked European Patent EP 3 498 115 B1 (Juul Labs - vaping device cartridge) in full, with effect for Austria, Belgium, Denmark, Finland, France, Germany, Italy, Latvia, Luxembourg, Netherlands, Portugal and Sweden. The Court found the patent invalid for added matter (Art. 138(1)(c) / Art. 123(2) EPC). All of Juul Labs' auxiliary requests to amend the patent were rejected. Juul Labs ordered to bear costs. |
| 2024-11-05 | ACT_571801/2023 | Paris CD | Revocation Action | Revocation merits | Patent maintained | Paris Central Division (Section 1) dismissed NJOY's revocation action against EP 3 504 991 B1 (Juul Labs - vaping device cartridge). The Court found the patent valid, holding that novelty and inventive step requirements were met. NJOY as the unsuccessful party was ordered to bear Juul Labs' costs. |
| 2024-11-05 | UPC_CFI_643/2024 | Milan LD | Application for provisional measures | Preliminary injunction | PI granted | Milan Local Division granted Cardo Systems' application for provisional measures (preliminary injunction and seizure) against Shenzhen Asmax Infinite Technology Co. and Hong Kong Yiheng International Technology Co. without hearing the respondents (ex parte). The court ordered: (1) service by bailiff at EICMA 2024 trade fair in Milan; (2) seizure and description of infringing products; (3) institution of merits proceedings within 31 days on pain of revocation. Costs to be settled in the merits proceedings. |
| 2024-11-05 | UPC_CFI_649/2024 | Milan LD | Application for provisional measures | Preliminary injunction | PI granted | The Milan Local Division granted Pirelli an ex-parte order for seizure of motorcycle tyres allegedly infringing EP 3 519 207 B1 exhibited by Sichuan Yuanxing Rubber Co. and China Council for the Promotion of International Trade (CCPIT) at the EICMA 2024 trade fair in Milan. |
| 2024-11-05 | UPC_CFI_649/2024 | Milan LD | Application for provisional measures | Preliminary injunction | PI granted | Milan Local Division (5 November 2024) granted an ex parte preliminary seizure order against Sichuan Yuanxing Rubber Co. Ltd at the EICMA 2024 tyre exhibition in Milan. The order authorised seizure of infringing tyres at the defendants' exhibition stand and was immediately enforceable. Defendants were required to cancel orders for the infringing products. Main proceedings must be initiated within 31 calendar days or 20 working days. |
| 2024-11-05 | UPC_CFI_650/2024 | Milan LD | Application for provisional measures | Preliminary injunction | PI granted | The Milan Local Division granted Pirelli an ex-parte provisional measure ordering seizure of infringing motorcycle tyres (EP 2 519 412 B1) exhibited by Tianjin Kingtyre and Kingtyre Deutschland at the EICMA 2024 international motorcycle fair in Milan, with a review right for the defendants within 30 days. |
| 2024-11-05 | UPC_CFI_650/2024 | Milan LD | Application for provisional measures | Preliminary injunction | PI granted | Milan Local Division (5 November 2024) granted an ex parte seizure and protective order against Tianjin Kingtyre Group Co. Ltd and Kingtyre Deutschland GmbH at the EICMA 2024 tyre fair in Milan. Order was served by bailiff at the exhibition and immediately enforceable. Defendants may seek review within 30 days. Main proceedings must commence within 31 calendar days. |
| 2024-11-04 | UPC_APP_54214/2024 | Munich CD | Application Rop262 3 | Procedural | Procedural only | The Central Division (Munich) addressed Mathys & Squire LLP's request for access to pleadings under Rule 262.1(b) RoP in the Astellas v. Healios revocation action, ruling on confidentiality of certain pipeline information following the parties' settlement. |
| 2024-11-04 | UPC_CFI_241/2023 | Milan LD | Infringement Action | Infringement merits | Permanent injunction | Decision on the merits by the Milan Local Division (full panel) in an infringement action by Oerlikon Textile GmbH & Co KG against Bhagat Textile Engineers (India) concerning a texturing/structuring machine exhibited at ITMA 2023. The defendant did not contest infringement or validity. The court refused to stay proceedings pending parallel revocation proceedings against the same patent by a different defendant. The court granted a permanent injunction prohibiting sale and promotion of the infringing machine in Italy and Germany, imposed a penalty of EUR 12,000 per breach payable to the court, awarded provisional damages of EUR 15,000, set the case value at EUR 750,000, and ordered Bhagat to bear 80% of costs (with 20% offset for Oerlikon's behavior during settlement negotiations). |
| 2024-11-04 | UPC_CFI_241/2023 | Milan LD | Infringement Action | Infringement merits | Infringed | Milan Local Division found that Bhagat Textile Engineers infringed EP 2 145 848 by exhibiting its texturing machine at ITMA fair in June 2023. The Court issued a permanent injunction against sales in Italy and Germany, imposed a penalty of EUR 12,000 per violation, and ordered provisional damages of EUR 15,000. Costs were 80% charged to Bhagat, 20% compensated between parties. |
| 2024-11-01 | UPC_APP_39683/2024 | Hamburg LD | Generic application | Evidence | Procedural only | Procedural order of the Hamburg Local Division judge-rapporteur ordering production of specific documents by claimants 10x Genomics and President and Fellows of Harvard College (Rule 190.1 RoP). Defendant Vizgen requested production of discovery documents that had previously been disclosed in parallel US proceedings. The order listed specific document production numbers from both Harvard and 10x Genomics to be produced in the UPC proceedings. |
| 2024-11-01 | UPC_APP_57474/2024 | Court of Appeal | Generic application | Procedural | Procedural only | Court of Appeal (Judge-Rapporteur) refused Scandit's request for leave to file a reply to Hand Held Products' response to appeal pursuant to R. 36 RoP. The Court held that no further written exchange is provided for under the RoP unless a cross-appeal has been filed, and that the alleged new matter raised in the response to appeal did not justify an exception. |
| 2024-11-01 | UPC_APP_57474/2024 | Court of Appeal | Generic application | Procedural | Procedural only | German-language version of the same Court of Appeal procedural order (1 November 2024) refusing Scandit's request for leave to file a reply to Hand Held Products' response to appeal pursuant to R. 36 RoP in the preliminary injunction appeal proceedings. |
| 2024-10-31 | ACT_580849/2023 | Dusseldorf LD | Infringement Action | Infringement merits | Permanent injunction | The Düsseldorf Local Division found that SodaStream's patent EP 1 793 917 was infringed by Aarke AB and issued an injunction along with ancillary relief. The defendant was ordered to bear the full costs of the litigation; the value in dispute was set at EUR 3,000,000. |
| 2024-10-31 | ACT_37931/2024 | Dusseldorf LD | Application for provisional measures | Preliminary injunction | PI granted | Order from the Düsseldorf Local Division (UPC_CFI_347/2024) granting Valeo Electrification's application for provisional measures against Magna PT entities concerning EP 3 320 602 B1. The Court issued a preliminary injunction prohibiting the defendants from manufacturing, offering, marketing, using or importing the infringing automotive electrification products. Penalty payments of up to EUR 250,000 per violation were ordered. The injunction was conditional on Valeo providing security of EUR 2,500,000. The Court addressed issues of patent proprietorship (rebuttable presumption), urgency, and validity, finding the patent more likely than not valid. |
| 2024-10-31 | UPC_CFI_368/2024 | Dusseldorf LD | Application for provisional measures | — | PI granted | The Düsseldorf Local Division granted Valeo Electrification a preliminary injunction against Magna PT entities prohibiting them from offering, placing on the market, using, importing or storing certain electric motor generators (challenged embodiment I) and the 7HDT400 gearbox assembled with those generators (challenged embodiment II) in Germany and France, concerning EP 3 320 604 B1. A temporary exception was granted for BMW 2 Series Active Tourer and Mini Countryman, conditional on defendants providing security of EUR 500,000 by 21 November 2024. Recurring penalty payments of up to EUR 250,000 per violation were imposed. Defendants were ordered to pay EUR 14,700 provisionally in costs. The injunction was made enforceable upon provision by the applicant of a EUR 2,500,000 bank guarantee. |
| 2024-10-30 | UPC_APP_59050/2024 | Dusseldorf LD | Generic application | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order granting Ortovox Sportartikel GmbH's request for leave to file an additional brief under R.36 RoP, based on new information about Mammut's 'Barryvox S' device featuring voice control, which Ortovox suspected might also fall within the scope of EP3466498. |
| 2024-10-30 | UPC_APP_54506/2024 | Dusseldorf LD | Generic application | Procedural | Procedural only | Düsseldorf Local Division procedural order on FUJIFILM's request for permission to file additional written pleadings (R. 36 RoP) to respond to Kodak's right-of-prior-use defence in patent infringement proceedings. The court set out the test: the court must consider the reasons given for the necessity of further pleadings, but also the effect on the proceedings and the risk of delay. A claimant has only one opportunity under the standard timetable to address a prior-use defence, but R. 36 provides a safety valve. |
| 2024-10-29 | UPC_APP_58951/2024 | Dusseldorf LD | Generic application | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order in the infringement action (Dolby vs HP entities) addressing applications related to the main action, counterclaim for revocation, and a procedural application. |
| 2024-10-29 | UPC_APP_10381/2024 | Nordic-Baltic RD | Preliminary objection | motionName.jurisdictional | Procedural only | The Nordic-Baltic Regional Division rejected Sioen NV's preliminary objection in the patent infringement action brought by TEXPORT, finding that parallel Belgian proceedings (for non-infringement declaration regarding the Belgian part of the patent) did not preclude UPC jurisdiction over infringements in Latvia and Portugal under Arts. 29–31 of Brussels I Recast. |
| 2024-10-29 | ACT_953/2024 | Nordic-Baltic RD | Infringement Action | Procedural | Procedural only | The Nordic-Baltic Regional Division issued a post-interim-conference order in infringement proceedings, setting the value of the action at EUR 500,000, closing the written procedure, partially referring a preliminary objection issue to main proceedings, and allowing certain expert evidence previously contested by the defendant. |
| 2024-10-29 | UPC_APP_53031/2024 | Court of Appeal | Application Rop 223 | Procedural | Procedural only | Order of the Court of Appeal partially granting a stay of enforcement (suspensive effect) of a first-instance injunction against Belkin Limited and its managing directors in proceedings concerning Koninklijke Philips N.V.'s patent. The stay was granted specifically regarding the injunctive orders against the managing directors (defendants 2-4) and related cost/publication orders, on the basis of a manifest error of law in holding that a managing director of an infringing company is personally liable as a 'middle person' under Art. 63(1) UPCA solely by virtue of their role as managing director. The stay was denied as to the remaining defendants. |
| 2024-10-29 | UPC_APP_53031/2024 | Court of Appeal | Application Rop 223 | Procedural | Injunction denied | The Court of Appeal partially granted Belkin's application for suspensive effect concerning the Munich Local Division's infringement decision (UPC_CFI_390/2023) in respect of EP 2 867 997. The Court granted suspensive effect specifically in relation to the publication order (Philips was not permitted to publish the impugned decision pending the appeal). However, suspensive effect was denied in all other respects as Belkin failed to demonstrate manifest error or infringement of fundamental procedural rights. The Court also held that a director of a patent-infringing company is not a 'third party intermediary' under Art. 63 UPCA merely by reason of their directorship. Security for enforcement under R.352.1 RoP must be ordered at the time of the decision, not retrospectively. |
| 2024-10-25 | ORD_55012/2024 | Brussels LD | Generic Order | Procedural | Procedural only | Brussels Local Division procedural order (full panel: Granata, Kupecz, Voss) in infringement proceedings by Cretes NV against Hyler BV concerning EP 3 993 602 and EP 4 284 152, deciding under R. 37(2) RoP to handle both the infringement action (ACT_25743/2024) and the revocation counterclaim (CC_53420/2024) jointly for reasons of efficiency, consistent with the parties' wishes. The joint treatment ensures uniform patent interpretation by the same panel. |
| 2024-10-24 | UPC_APP_49295/2024 | Hamburg LD | Application RoP262A | Procedural | Procedural only | The Munich Hamburg Local Division ruled on a confidentiality application (R. 262A RoP) by 10x Genomics and Harvard College in infringement proceedings against Vizgen, ordering that certain exhibits containing licence agreements be treated as strictly confidential under an 'Outside Attorneys' Eyes Only' regime. |
| 2024-10-24 | UPC_APP_49295/2024 | Hamburg LD | Application RoP262A | Procedural | Procedural only | The Hamburg Local Division issued a preliminary procedural order in the 10x Genomics/Harvard v. Vizgen infringement proceedings, addressing a confidentiality request under Rule 262A RoP regarding a licence agreement submitted as evidence. |
| 2024-10-24 | UPC_APP_55164/2024 | Hamburg LD | Generic application | motionName.jurisdictional | Procedural only | The President of the Court of First Instance agreed to change the language of proceedings from German to English (the language of patent grant) at the defendants' request in an infringement action by Visibly Inc. against Easee entities, and addressed but did not require translation of existing German-language submissions. |
| 2024-10-24 | UPC_APP_52964/2024 | Paris CD | Generic application | Costs | Costs only | Order from the Paris Central Division (UPC_CFI_427/2024) on Qualcomm's application for full or partial reimbursement of court fees following EPO interlocutory revision of a contested decision. The main proceedings were closed when the EPO rectified the contested decision. The Court rejected Qualcomm's request for fee reimbursement, finding no particular reason to deviate from the earlier order declining reimbursement, and noting that there is no review possible where the matter was handled by a single judge. |
| 2024-10-24 | UPC_APP_33127/2024 | Munich LD | Generic application | Costs | Withdrawn | Munich Local Division decision following the applicant Tiroler Rohre GmbH's withdrawal of an application for provisional measures (R. 265 RoP) after the oral hearing and after the court had indicated concerns about granting the measures. The court dismissed the respondents' (SSAB) opposition to the withdrawal, holding that a legitimate interest in obtaining a substantive decision does not arise merely because the respondents incurred costs defending against the application, even where the applicant has announced forthcoming main proceedings on the same subject matter. The court also declined to order a preliminary costs decision in favour of respondents following withdrawal. |
| 2024-10-22 | UPC_APP_47163/2024 | Munich CD | Application RoP262.1 (b) | Procedural | Procedural only | Order from the Central Division Munich (UPC_CFI_1/2023) on Dehns' application under R. 262.1(b) RoP for access to all written pleadings and evidence in the combined revocation and counterclaim for revocation proceedings (Sanofi v Amgen, EP 3 666 797). The Court granted partial access to case documents, subject to conditions proposed by Sanofi, to enable Dehns, a firm of UPC representatives, to better understand the Court's procedures. |
| 2024-10-22 | UPC_APP_47154/2024 | Munich CD | Application RoP262.1 (b) | Procedural | Procedural only | The Munich Central Division Section ruled on a third-party access application (R. 262.1(b) RoP) by Dehns (a large UPC representative firm) seeking access to all written pleadings and evidence in the Amgen-Regeneron revocation and counterclaim proceedings concerning EP 3 666 797 (decided on 16 July 2024). The court distinguished between procedural documents falling and not falling within the categories of 'written pleadings' and 'evidence', granting access to the qualifying documents. |
| 2024-10-22 | UPC_CFI_1/2023 | Munich CD | Application RoP262.1 (b) | Procedural | Procedural only | Munich Central Division granted Dehns' (a UPC representative firm) request for access to written pleadings and evidence in the concluded Sanofi v. Amgen revocation proceedings under R.262.1(b) RoP. The Court found that since proceedings had concluded, the balance of interests normally favours granting access to third parties with a legitimate general interest. |
| 2024-10-21 | UPC_APP_55674/2024 | Court of Appeal | Generic application | Evidence | Procedural only | The Court of Appeal refused SharkNinja's application to admit new evidence (an exhibit from US proceedings, FBD 29) in the appeal from the Munich Local Division in Dyson's infringement action, finding that the evidence was not sufficiently relevant to the appellate issues concerning patent claim interpretation and that no justified reason for late submission had been established. |
| 2024-10-20 | UPC_APP_46519/2024 | Mannheim LD | Generic application | Evidence | Procedural only | The Mannheim Local Division rejected DISH Technologies and Sling TV's application for an order requiring AYLO entities to produce the source code of media players used in their browser implementations, finding that the claimants had not sufficiently exhausted available self-help means of proof before seeking compelled production. |
| 2024-10-20 | UPC_APP_46521/2024 | Mannheim LD | Generic application | Evidence | Procedural only | The Mannheim Local Division issued an order on a request for disclosure of information about content delivery networks (CDNs) under R.191 RoP, in an infringement action by DISH Technologies and Sling TV against AYLO and related entities concerning indirect patent infringement of EP2479680 across multiple European territories. |