UPClytics

Decisions

DateCaseDivisionActionMotionOutcomeSummary
2025-04-14ORD_17984/2025Munich LDGeneric OrderProceduralProcedural onlyMunich Local Division procedural order (judge-rapporteur Dr. Zigann) in an infringement action by Shanghai Jinko Green Energy Enterprise Management Co. / Zhejiang Jinko Solar Co. against LONGi and other solar energy defendants concerning EP 4 372 829 (solar panel technology), addressing service issues for defendants who had not yet appointed UPC representatives. The order sets out the service status for each defendant and takes steps to ensure proper service on unrepresented defendants (including Soltech Energy GbR, which had failed to collect a Deutsche Post notification).
2025-04-14UPC_APP_16679/2025Munich LDNotice of intention to enforce (RoP118.8)EnforcementProcedural onlyMunich Local Division procedural order (judge-rapporteur Dr. Zigann) in a separate costs/enforcement proceedings following the Edwards Lifesciences v. Meril infringement decision of 4 April 2025 (ORD_598588/2023, UPC_CFI_501/2023, concerning EP 3 669 828). Edwards notified the court of its intention to enforce parts of that decision (R. 118.8 RoP) and requested an authentic certified paper copy. The parties agreed Meril would not request a translation; the court ordered the Registry to issue an authentic paper copy to Edwards. The parties also agreed on extended timelines for Meril to comply with specific obligations.
2025-04-14UPC_APP_64692/2024Munich LDGeneric applicationProceduralProcedural onlyOrder by Munich Local Division (UPC_CFI_149/2024, 14 April 2025) considering Headwater Research LLC's application to sever the proceedings against defendant 5 (Flextronics International Europe B.V.) from the four Motorola/Digital River defendants, following a correction of the identity of defendant 5. The court exercised its discretion under R. 303.2 RoP taking into account procedural economy and the delay caused to the main proceedings.
2025-04-14ORD_16018/2025Munich LDGeneric OrderProceduralProcedural onlyMunich Local Division order (judge-rapporteur Zigann) in infringement proceedings by Jinko Solar entities against LONGi and other solar companies concerning EP 4 372 829. The order addresses service on defendants domiciled outside Germany and the EU, including follow-up steps for defendants not yet served. No substantive ruling on infringement or validity.
2025-04-14UPC_APP_15498/2025Munich LDAmend DocumentProceduralProcedural onlyMunich Local Division order on Syngenta's application (R. 263 RoP) for leave to amend its claim in infringement proceedings concerning a pesticide patent to extend the territorial scope of its claim to Poland, Czech Republic and the United Kingdom. Sumi Agro opposed the amendment. The order addresses the conditions for late amendment of claim and territorial expansion under R. 263 RoP.
2025-04-14ORD_9091/2025Dusseldorf LDGeneric OrderProceduralProcedural onlyDüsseldorf Local Division decided, with the consent of the parties, to hear both the infringement action by Ona Patents SL against Apple Inc. (and affiliates) and Apple's counterclaim for revocation jointly, rather than bifurcating under Art. 33(3) UPCA. The court exercised its discretion under Art. 33(3)(a) UPCA in favour of joint hearing for reasons of efficiency and to ensure consistent interpretation of the patent by a single panel.
2025-04-13UPC_APP_10549/2025Dusseldorf LDApplication RoP262AProceduralProcedural onlyDüsseldorf Local Division procedural order in infringement proceedings by Maxeon Solar Pte. Ltd. against Aiko Energy entities, Memodo GmbH, Libra Energy, VDH Solar, PowerDeal, and Coenergia concerning EP 3 065 184 (solar panel technology). The order (judge-rapporteur Thomas) addresses a confidentiality application (R. 262A RoP) filed by certain defendants seeking confidentiality protection for specific information. No substantive ruling on infringement or validity.
2025-04-11UPC_APP_17187/2025Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division ruled on continuation of written proceedings in the 10x Genomics v. Bruker infringement action, holding that four auxiliary requests is a reasonable number under Rule 30.1(c) RoP and authorising continuation of the written procedure following the EPO Opposition Division's decision maintaining the patent in limited form.
2025-04-11UPC_APP_16306/2025Dusseldorf LDApplication Rop 265ProceduralWithdrawnThe Düsseldorf Local Division allowed GlaxoSmithKline Biologicals SA's withdrawal of its infringement action against Pfizer entities concerning EP 4 183 412 with the consent of all defendants, declared the proceedings closed, and ordered reimbursement of 60% of court fees amounting to EUR 201,600.
2025-04-11UPC_APP_16735/2025Court of AppealApplication Rop 265ProceduralWithdrawnOrder of Court of Appeal (Panel 2) allowing Ericsson's withdrawal of its appeal against the Local Division Munich's rejection of Ericsson's second counterclaim for revocation of EP 3 780 758 (counterclaim had been declared inadmissible as duplicative). The parties agreed each would bear their own costs. The appeal and the underlying second counterclaim for revocation were withdrawn. The court also granted 60% reimbursement of court fees.
2025-04-10UPC_APP_10151/2025Milan CDApplication RoP262.1 (b)ProceduralProcedural onlyThe Milan Central Division granted ALIUD PHARMA's application for access to pleadings filed in closed proceedings between Accord Healthcare and Novartis (EP 2 501 384) under R. 262.1(b) RoP, after Novartis withdrew its objection following settlement of the main proceedings.
2025-04-09UPC_APP_17158/2025Mannheim LDGeneric applicationProceduralProcedural onlyThe Mannheim Local Division considered applications by Hisense, TCL and LG defendants for separation of the infringement proceedings into three separate actions by defendant group, addressing whether confidential information disclosure justified such separation.
2025-04-09UPC_APP_11272/2025Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division issued an order on Promosome LLC v. BioNTech/Pfizer infringement proceedings (EP 2 401 365), addressing security for costs applications by both BioNTech/Pfizer groups. The court determined the appropriate amount of security, accepting the claimant's willingness to provide security by deposit. The court fixed the security amount based on the recoverable costs ceiling rather than the defendants' requested EUR 5,000,000.
2025-04-09UPC_APP_13218/2025Dusseldorf LDGeneric applicationProceduralProcedural onlyApplication to correct a decision (R. 353 RoP) in infringement proceedings Tridonic GmbH & Co. KG v. CUPOWER entities. The correction request was partially granted: the phrase 'direkt oder indirekt' was struck from claim 7 of auxiliary requests 3, 5, 6 and 7 in the decision of 7 March 2025, as it was an obvious clerical error. The request to add attorney Alexander Bach to the heading of the decision was refused, as the named representatives were correct and there is no obligation to list all attorneys involved at any point.
2025-04-09UPC_APP_7511/2025Dusseldorf LDApplication RoP262.1 (b)ProceduralProcedural onlyThe Düsseldorf Local Division issued an order on a request for public access to the register under R.262.1(b) RoP in the Dolby v. Beko/Arçelik infringement proceedings concerning the Opus Audio Codec patent EP 3 605 534, determining the scope of materials available to the public.
2025-04-09UPC_APP_60159/2024Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division judge-rapporteur issued a procedural order dealing with Meril's applications for cost reimbursement and confidentiality protection (R. 262A RoP) in the Edwards Lifesciences v. Meril proceedings. Following the judge-rapporteur's guidance, Meril withdrew the cost reimbursement applications. The order addressed the scope of confidentiality protection for legal fee invoices and related documents.
2025-04-09UPC_APP_59832/2024Munich LDGeneric applicationProceduralProcedural onlyProcedural order by Munich Local Division in Edwards Lifesciences v Meril Life Sciences concerning costs and confidentiality applications arising from a third-party access-to-file application by Erik Krahbichler (KIPA AB). Following withdrawal of Krahbichler's access application, Meril applied for a costs decision. The court dismissed Meril's costs application because a costs decision from the Central Division Paris on a related matter had already been issued, and because proceedings about access applications under R. 262.1(b) do not automatically give rise to separate costs decisions.
2025-04-07UPC_APP_8545/2025Milan LDAmend DocumentProceduralProcedural onlyThe Milan Local Division allowed Dainese's application under Rule 263 RoP to limit its claim by withdrawing all arguments related to EP 3 498 117 (following an EPO Board of Appeal limitation), while dismissing defendants' request for a costs order under Rule 265 RoP.
2025-04-04ACT_61133/2024Lisbon LDApplication For CostsCostsCosts onlyThe Lisbon Local Division issued a costs decision following the dismissal of Ericsson's preliminary injunction application against AsusTek, Arvato, and Digital River, partially awarding travel expenses to the defendants but deferring representation costs and expert costs to the main action proceedings to avoid double assessment.
2025-04-04UPC_APP_11625/2025Lisbon LDApplication Rop 265ProceduralWithdrawnLisbon Local Division decision granting Ericsson's application to withdraw its infringement action against Digital River Ireland Ltd, one of two defendants in proceedings concerning EP 2 819 131, following Digital River's insolvency (winding-up order of 24 February 2025 by Irish Court). The court found no legitimate interest of Digital River in having the matter decided, held that each party bears its own costs (insolvency was a circumstance outside either party's control), and directed Ericsson to file an amended statement of claim removing Digital River from the main action. The infringement action against AsusTek Computer Inc. continues.
2025-04-04ORD_11176/2025Mannheim LDGeneric OrdermotionName.jurisdictionalProcedural onlyOrder by Mannheim Local Division (UPC_CFI_750/2024, 4 April 2025) dismissing Samsung's preliminary objection. Samsung argued Fingon lacked material ownership to validly withdraw an opt-out and therefore the UPC lacked jurisdiction. The court held that questions of material ownership concern both jurisdiction and the merits and are not proper subjects for preliminary objections under R. 19 RoP; they must be reserved for the main proceedings.
2025-04-03UPC_APP_13099/2025Court of AppealApplication Rop 265ProceduralWithdrawnCourt of Appeal (standing judge Blok) order permitting EOFlow Co., Ltd.'s withdrawal of its application for leave to appeal against a Milan Central Division cost order and declaring the leave-to-appeal proceedings closed. EOFlow had sought leave to appeal against the dismissal of its cost application following Insulet's failed provisional measures request. Both parties agreed to the withdrawal and neither sought a costs decision for the leave-to-appeal proceedings.
2025-04-03UPC_APP_11372/2025Munich LDProcedural OrderProceduralProcedural onlyMunich Local Division order on BioNTech/Pfizer's application under R. 190 RoP for production of detailed materials, methods and raw data underlying an expert report (Exhibit VB 6) submitted by Promosome LLC (claimant) in mRNA patent infringement proceedings. The order addresses what supporting data must be disclosed when an expert report is filed as evidence.
2025-04-02UPC_APP_54918/2024Hamburg LDGeneric applicationProceduralProcedural onlyThe Hamburg Local Division issued a procedural order on a security for costs application (R. 158 RoP) by Chint/Astronergy defendants in solar panel infringement proceedings, addressing whether JingAo Solar's registration in China creates sufficient uncertainty about enforceability of a cost order.
2025-04-02ORD_15984/2025Mannheim LDGeneric OrderProceduralProcedural onlyThe Mannheim Local Division issued a procedural order separating proceedings with respect to the UK national part of EP 3 476 616 in the Fujifilm v. Kodak infringement action, pending the ECJ's ruling in case C-339/22 (BSH Hausgeräte) on jurisdiction under the Brussels Ia Regulation.
2025-04-02UPC_APP_8316/2025Mannheim LDGeneric applicationProceduralProcedural onlyThe Mannheim Local Division issued a procedural order addressing applications by Hisense, TCL, and LG defendants for a stay of proceedings under R. 295(m) RoP, pending the outcome of parallel proceedings against the alleged glass manufacturer (ACT_66849/2024) in the Corning v. Hisense/TCL/LG infringement action concerning EP 3 296 274. The court denied the main request for a stay, while addressing the defendants' argument that proceedings had been artificially split.
2025-04-02UPC_APP_61657/2024Paris CDGeneric applicationProceduralProcedural onlyOrder of the Paris Central Division (full panel) declining to issue a decision by default against Suinno Mobile & AI Technologies Licensing Oy (claimant in infringement action) following Suinno's failure to provide security for costs within the Court-set deadline. Microsoft Corporation (defendant/counterclaimant) requested a default decision revoking the patent and dismissing the infringement action. The court set out key headnotes: (1) even where the default is evident and unjustified, the court retains discretionary power not to issue a default decision; (2) the court may decline a default where the evidentiary record at time of default does not allow sufficiently confident assessment of the non-defaulting party's claims. The court found the existing record insufficient to confidently assess the merits of Microsoft's revocation counterclaim and declined to revoke the patent by default.
2025-04-01UPC_APP_10764/2025The Hague LDGeneric applicationProceduralProcedural onlyThe Hague Local Division ruled on a re-establishment of rights application (R. 320 RoP) filed by the Polish defendant (Szymon Spyra) in an infringement action brought by Amycel LLC concerning EP 1 993 350. Following the grant of provisional measures, service of the statement of claim had been effected by alternative means under R. 275 RoP after personal service attempts failed. The order addressed the defendant's re-establishment request in the context of a deadline for filing a defence.
2025-04-01UPC_CoA_80/2025Court of AppealDecision By DefaultDismissedDecision by default issued by the President of the Court of Appeal rejecting NJOY Netherlands B.V.'s appeal as inadmissible under Rule 229.4 RoP. NJOY had appealed the Paris Central Division's dismissal of its revocation action against EP 2 875 740 held by VMR Products LLC. After being invited to pay the EUR 20,000 appeal fee, NJOY explicitly informed the Court it would not pay because it did not wish to pursue the appeal, and expressly waived its right to be heard. The appeal was accordingly rejected as inadmissible for failure to pay the required fee.
2025-04-01UPC_APP_15347/2025Munich LDGeneric applicationProceduralProcedural onlyProcedural order by Munich Local Division in Headwater Research v Samsung (EP 2 391 947) granting Samsung's requests (with Headwater's consent) to extend the deadlines for filing comments on pending applications (application to review case management order, generic application, application to amend pleadings) from 3 April 2025 to a later date.
2025-04-01UPC_APP_7563/2025Mannheim LDGeneric applicationProceduralProcedural onlyThe Mannheim Local Division dismissed Total Semiconductor LLC's application to file an additional written submission under R. 12.5 and R. 36 RoP in infringement proceedings against Texas Instruments (UPC_CFI_132/2024, EP 2 746 957). The Court held that the two-brief exchange framework under R. 12 RoP is intentional and that the claimant had not demonstrated that the defendants raised genuinely new points in their rejoinder that could not be addressed at the oral hearing.
2025-03-31UPC_APP_7618/2025Munich LDAmend DocumentProceduralProcedural onlyThe Munich Local Division granted JingAo Solar Co., Ltd.'s application to amend its patent claims under R. 30 RoP in response to counterclaim for revocation, clarifying that the patentee is not restricted to amending only claims directly targeted by invalidity grounds and that EPO-amended claim versions may be introduced into UPC proceedings.
2025-03-31UPC_APP_15086/2025Court of AppealGeneric applicationmotionName.appeal_decisionProcedural onlyThe Court of Appeal issued a procedural order on ILME's application under Rule 21.2 RoP for permission to add new evidence or arguments in the appeal against the Munich Local Division's order rejecting ILME's jurisdictional objection in the Phoenix Contact v. ILME infringement proceedings.
2025-03-31UPC_APP_12551/2025Court of AppealApplication Rop 265ProceduralWithdrawnThe Court of Appeal allowed Hand Held Products to withdraw its application for provisional measures (pending appeal) after Scandit consented, terminated the appeal proceedings accordingly, and ordered each party to bear its own costs as no costs request was made by either side.
2025-03-27ORD_15005/2025Mannheim LDGeneric OrderEvidenceProcedural onlyThe Mannheim Local Division issued a procedural order addressing the admissibility of conditional applications for information transfer from third parties under Rule 191 RoP, finding that such conditional requests are permissible as internal procedural conditions in the infringement action of DISH Technologies v. AYLO group.
2025-03-26ACT_14438/2025Dusseldorf LDApplication for an Order for inspection pursuant to RoP199EvidenceProcedural onlyThe Düsseldorf Local Division granted an ex-parte order for inspection and evidence preservation under R.199 RoP at trade fair stands of STEROS GPA INNOVATIVE, allowing representatives of OTEC to be present, concerning patent EP 2 983 864 B1 directed to a surface treatment process.
2025-03-26UPC_APP_5154/2025Mannheim LDApplication RoP262.1 (b)ProceduralProcedural onlyThe Mannheim Local Division issued an order on a third-party law firm's (AMPERSAND) application for access to case files under Rule 262.1 RoP in the Panasonic v. OPPO infringement proceedings, addressing the scope of public access to submissions and evidence.
2025-03-25UPC_APP_14382/2025Dusseldorf LDApplication Rop 365ProceduralSettledThe Düsseldorf Local Division confirmed a settlement between Nichia Corporation and Endrich Bauelemente Vertriebs GmbH in an infringement action concerning EP 2 323 178, and ordered reimbursement of 60% of court fees to the claimant as the settlement was reached during the written procedure.
2025-03-24UPC_CFI_814/2024Paris LDRequest to review an order ex-partemotionName.ex_parteProcedural onlyThe Paris Local Division rejected VALINEA ENERGIE's applications to both revoke and revise the ex-parte evidence preservation order (saisie) issued on 23 December 2024. The Court upheld the original saisie order, finding adequate justification for the urgency and effectiveness of the measures. VALINEA's request to increase the security deposit from EUR 10,000 to EUR 50,000 was also rejected, as VALINEA failed to demonstrate TIRU's financial vulnerability.
2025-03-24UPC_APP_13834/2025Court of AppealGeneric applicationProceduralProcedural onlyCourt of Appeal refused Amazon's application for leave to file additional written submissions in the appeal proceedings. The Court confirmed that the written procedure in appeal is limited to the Statement of Grounds of Appeal and the Statement of Response; additional grounds outside the prescribed time limit are inadmissible under R. 233.3 RoP.
2025-03-24UPC_APP_13834/2025Court of AppealGeneric applicationProceduralProcedural onlyGerman-language signed version of the Court of Appeal procedural order (24 March 2025) refusing Amazon's application for additional written submissions in the Nokia v. Amazon appeal proceedings concerning EP 2 661 892.
2025-03-24UPC_CFI_813/2024Paris LDRequest to review an order ex-partemotionName.ex_parteProcedural onlyThe Paris Local Division rejected MAGUIN SAS's application to revoke the ex-parte evidence preservation order (saisie) issued on 23 December 2024 in favour of TIRU. The Court found that TIRU had adequately demonstrated the risk of evidence becoming unavailable, that the simultaneous execution of evidence preservation measures at both MAGUIN's and VALINEA's premises was justified by the principle of effectiveness, and that there was no unreasonable delay. The saisie order against MAGUIN was maintained.
2025-03-21UPC_APP_9038/2025Milan CDApplication Rop313ProceduralDismissedThe Milan Central Division dismissed Zentiva K.S. and Zentiva Portugal's application to intervene under Rule 313 RoP in infringement proceedings between Accord Healthcare and Novartis concerning EP 2 501 384. The court held that parallelism between cases or the potential impact of one judgment on another does not establish the legal interest required for intervention, and that the intervening party's requested remedies must be non-contradictory to those of the supported party.
2025-03-21UPC_APP_12931/2025Dusseldorf LDApplication Rop 265ProceduralSettledThe Düsseldorf Local Division permitted the withdrawal of Hand Held Products, Inc.'s infringement action and Scandit AG/Inc.'s counterclaim for revocation in UPC_CFI_76/2024 (EP 2 819 062), following an out-of-court settlement. Both parties had consented to each other's withdrawals. The Court ordered 60% reimbursement of court fees to each side under R. 370.11 RoP. No costs order between the parties was sought or issued.
2025-03-20ORD_13670/2025Munich LDGeneric OrderProceduralProcedural onlyThe Munich Local Division issued a one-paragraph order correcting a typographical error in a scheduling order for the oral hearing in the Adeia Guides v. Walt Disney patent infringement case concerning EP 2 793 430.
2025-03-20ORD_9089/2025Dusseldorf LDGeneric OrderProceduralProcedural onlyDüsseldorf Local Division early procedural order (R. 37.2 RoP) deciding to proceed jointly with both the infringement action and the counterclaim for revocation (Art. 33(3)(a) UPCA) in proceedings by Hartmann Packaging A/S (formerly Brødrene Hartmann A/S) against Omni-Pac entities concerning EP 2 755 901. The decision was made before the close of the written procedure for reasons of procedural economy, particularly to ensure timely assignment of a technically qualified judge.
2025-03-19UPC_APP_54919/2024Munich LDGeneric applicationCostsProcedural onlyThe Munich Local Division ruled on a security for costs application by Chint/Astronergy defendants in infringement proceedings brought by JingAo Solar, addressing enforceability of potential cost orders against a Chinese claimant and China's compliance with the Hague Service Convention.
2025-03-19UPC_APP_11680/2025Munich LDApplication Rop 265ProceduralProcedural onlyProcedural order by Munich Local Division (UPC_CFI_146/2024, 26 March 2025) granting Medac's application to withdraw its third-party access application, ordering deletion of a confidential Sanofi letter that Medac had uploaded without authorisation, imposing the deletion costs on Medac, and issuing a formal warning to Medac's representative for negligent conduct in uploading a privileged document. The court declined to award costs in the R.262(1)(b) application.
2025-03-19UPC_CFI_696/2024Munich LDApplication For CostsCosts onlyCosts assessment decision (Kostenfestsetzungsverfahren) by Munich Local Division in MSG Maschinenbau v EJP Maschinen (EP 3 225 320). The court determined the recoverable costs for both the infringement action and the revocation counterclaim. Costs must be both 'reasonable' (necessary from an ex ante perspective) and 'proportionate' (amount not disproportionate to the dispute value, complexity and prospects). Costs for preparing the costs application itself are recoverable. The costs of a third law firm (Hausanwalt) beyond the two official UPC representatives were not reimbursable due to lack of demonstrated necessity.
2025-03-19UPC_CFI_696/2024Munich LDApplication For CostsCosts onlyCosts assessment decision in proceedings between MSG Maschinenbau GmbH (defendant in the underlying infringement action, now claimant in costs proceedings) and EJP Maschinen GmbH. MSG was ordered to pay EJP a total of EUR 33,224.50 in recoverable costs within 21 days. The remainder of EJP's costs claims were rejected. No interest on costs awarded.
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