| 2024-01-08 | UPC_CFI_263/2023 | Paris CD | Revocation Action | Procedural | Procedural only | The Paris Central Division rejected Carrier Corporation's application to stay the revocation proceedings against EP3414708 pending EPO opposition proceedings, finding that the requirement of a 'rapid decision' from the EPO was not fulfilled because no concrete timeline for the EPO ruling had been established. |
| 2024-01-03 | UPC_APP_598021/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a procedural order in Philips IP Ventures v. Edrich et al. (Belkin), granting Philips a one-week extension of the reply deadline in the infringement proceedings, taking into account that the written grounds of a Bundespatentgericht decision revoking the German part of the patent had only been served shortly before Christmas 2023. |
| 2024-01-03 | UPC_APP_598024/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a procedural order in Koninklijke Philips N.V. v. Edrich et al. (Belkin), granting Philips a one-week extension of the reply deadline, mirroring the parallel Philips IP Ventures case and noting that the German part of EP2628233 had also been found invalid by the Bundespatentgericht. |
| 2024-01-02 | UPC_CFI_14/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a procedural order in the Amgen v. Sanofi/Regeneron infringement proceedings, setting provisional dates for the interim conference and oral hearing and granting the defendants a short time extension for filing their statement of defence until 8 January 2024. |
| 2024-01-02 | UPC_CFI_14/2023 | Munich LD | Infringement Action | Procedural | Procedural only | Duplicate version of the 2 January 2024 Munich Local Division procedural order in Amgen v. Sanofi/Regeneron, setting provisional hearing dates and granting defendants a brief time extension for the statement of defence. |
| 2024-01-02 | UPC_CFI_14/2023 | Munich LD | Infringement Action | Procedural | Procedural only | Third version of the 2 January 2024 Munich Local Division procedural order in Amgen v. Sanofi/Regeneron, setting provisional hearing dates and granting defendants a brief time extension for the statement of defence. |
| 2023-12-27 | UPC_CFI_181/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a procedural order in the KraussMaffei v. TROESTER infringement case, establishing rules for the protection of confidential information under Rules 262 and 262A RoP, clarifying that confidentiality applications must be made at the time of initial filing or within 14 days, and that in exceptional circumstances protection may be granted via Rule 9 workflow. |
| 2023-12-22 | UPC_CFI_424/2023 | The Hague LD | Infringement Action | Procedural | Procedural only | The Hague Local Division issued a final procedural order confirming that effective service of the statement of claim on Dexcom International Limited had been effected on 20 December 2023 via an Irish process server, thereby setting the deadline for Dexcom International's statement of defence at three months from that date. |
| 2023-12-20 | UPC_APP_594342/2023 | Court of Appeal | Application for an Order for expedition of an appeal (RoP225(e)) | motionName.appeal_decision | Dismissed | German-language Court of Appeal order (Second Panel) rejecting OPPO's request for shortening of the time period for the Statement of Response (R. 9.3(b) RoP) in the appeal concerning the language of proceedings for EP 3 096 315. Same outcome and reasoning as App_594327/2023 and App_594339/2023. Proceedings closed. |
| 2023-12-20 | UPC_APP_594342/2023 | Court of Appeal | Application for an Order for expedition of an appeal (RoP225(e)) | motionName.appeal_decision | Dismissed | English translation of the Court of Appeal order (Second Panel) rejecting OPPO's request for shortening of the time period for the Statement of Response in the appeal concerning the language of proceedings for EP 3 096 315. Same reasoning as App_594327/2023. Proceedings closed. |
| 2023-12-20 | UPC_CFI_292/2023 | Munich LD | Application for provisional measures | Preliminary injunction | PI denied | The Munich Local Division dismissed SES-imagotag's application for provisional measures against Hanshow Technology and related entities concerning electronic shelf label technology, finding that infringement of EP3883277 had not been established with sufficient certainty. The court also ordered SES-imagotag to bear the costs including those of the protective letter filed by the respondents. |
| 2023-12-19 | UPC_APP_594339/2023 | Court of Appeal | Application for an Order for expedition of an appeal (RoP225(e)) | motionName.appeal_decision | Dismissed | The Court of Appeal (Second Panel) rejected OPPO's request for shortening of the time period for lodging a Statement of Response in the appeal concerning the language of proceedings (EP 2 568 724, misidentified in the filing as EP 3 096 315). Same outcome and reasoning as App_594327/2023: request filed on last available day, insufficient time for respondent, contrary to principles of proportionality and fairness. Proceedings closed. This is the German-language version of the order. |
| 2023-12-19 | UPC_APP_594339/2023 | Court of Appeal | Application for an Order for expedition of an appeal (RoP225(e)) | motionName.appeal_decision | Dismissed | English translation of the Court of Appeal order (Second Panel) rejecting OPPO's request for shortening of the time period for the Statement of Response (R. 9.3(b) RoP) in the appeal concerning the language of proceedings for EP 2 568 724. Same reasoning as App_594327/2023. Proceedings closed. |
| 2023-12-19 | UPC_CFI_249/2023 | Munich LD | Application for provisional measures | Procedural | Costs only | The Munich Local Division issued a costs order following the discontinuation of provisional measures proceedings after the respondents (Meril) provided an undertaking to cease the contested acts. The court found the proceedings had become moot, declared the PI application resolved, and ordered the respondents to bear the applicant's costs up to a ceiling of EUR 200,000, holding that respondents had unnecessarily caused those costs. |
| 2023-12-19 | UPC_CFI_230/2023 | Paris LD | Infringement Action | Procedural | Procedural only | The Paris Local Division issued a procedural order in an infringement action brought by DexCom against multiple Abbott entities, granting Abbott's request to protect certain highly sensitive sales and revenue information contained in Abbott's statement of defence from public access. |
| 2023-12-19 | UPC_CFI_201/2023 | Dusseldorf LD | Infringement Action | Procedural | Procedural only | The Düsseldorf Local Division clarified that the deadline for Nutricia's defence to the counterclaim for revocation and patent amendment application is 20 December 2023, per Rule 29.1 RoP (duplicate version of the same order). |
| 2023-12-19 | UPC_CFI_201/2023 | Dusseldorf LD | Infringement Action | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order pursuant to Art. 33(3)(a) UPCA and Rule 37.2 RoP, deciding to proceed jointly with both the infringement action brought by Nutricia and the counterclaim for revocation filed by Nestlé Health Science, rather than bifurcating the proceedings. |
| 2023-12-18 | UPC_APP_594327/2023 | Court of Appeal | Application for an Order for expedition of an appeal (RoP225(e)) | motionName.appeal_decision | Dismissed | The Court of Appeal (Second Panel) rejected OPPO's request for shortening of the time period for the respondent's Statement of Response in the appeal concerning the language of proceedings (EP 2 207 270). The CoA found that the request was filed on the last day of the available period, leaving insufficient time for the respondent, and that granting the request would be contrary to principles of proportionality, fairness and equity. The proceedings were closed. |
| 2023-12-18 | UPC_CoA_472/2023 | Court of Appeal | Application for an Order for expedition of an appeal (RoP225(e)) | — | Dismissed | The Court of Appeal rejected OPPO/OROPE's application to shorten the time limit for filing the respondent's statement of response in an appeal concerning the language of proceedings (Rule 323 RoP), pursuant to Rule 225(e) and 9.3(b) RoP. The application was filed on the last day of the time limit and did not adequately consider the respondent's (Panasonic's) right to adequate preparation time. |
| 2023-12-18 | UPC_CFI_358/2023 | Paris LD | Infringement Action | Procedural | Procedural only | The Paris Local Division issued a procedural order in an infringement action brought by Hewlett-Packard against Lama France, addressing Lama's requests regarding access to exhibits that were unreadable via the CMS and seeking an extension of the deadline to file its statement of defence. The order dealt exclusively with case management and access to documents. |
| 2023-12-14 | UPC_CFI_201/2023 | Dusseldorf LD | Infringement Action | Procedural | Procedural only | The Düsseldorf Local Division clarified, at Nutricia's request, that the deadline for filing a defence to the counterclaim for revocation and any application to amend the patent is 20 December 2023 (two months after service of the defence with counterclaim on 20 October 2023), per Rule 29.1 RoP. |
| 2023-12-11 | UPC_CoA_404/2023 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Procedural only | Case management order from the Court of Appeal dated 11 December 2023 in Ocado v. Autostore appeal concerning access to the statement of claim by a third party (GDPR-redacted respondent). The order corrects a CMS error incorrectly designating the Autostore companies as respondents (the respondent is the individual third party applicant). The CoA notes Ocado's submission that four defendants were never served and intends to address this later. The order invites parties to comment on whether R. 8 RoP (representation requirement) applies to the individual respondent who represents himself. |
| 2023-12-11 | UPC_CFI_452/2023 | Dusseldorf LD | Application for provisional measures | Preliminary injunction | PI granted | The Düsseldorf Local Division granted an ex parte order for provisional measures (Rule 212.1 RoP) in favour of Ortovox Sportartikel GmbH against Mammut Sports Group AG and Mammut Sports Group GmbH, in relation to EP 3 466 498 B1 covering an avalanche transceiver (Lawinen-Verschütteten-Suchgerät). |
| 2023-12-11 | UPC_CFI_9/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division dismissed Netgear's Rule 333 RoP request to have the full panel review the judge-rapporteur's decision to deal with the preliminary objection in the main proceedings, holding that a Rule 20.2 notification cannot be appealed or subject to panel review, and that inadmissible Rule 333 requests are decided by the rapporteur alone. |
| 2023-12-11 | UPC_CFI_9/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division granted Huawei's application under Rule 263 RoP to amend its infringement claim to add EP 3 678 321 as an additional patent in suit alongside EP 3 611 989, having originally sued only on the latter patent; the court addressed the admissibility of claim amendment after conclusion of a limitation procedure. |
| 2023-12-11 | UPC_CFI_9/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a provisional order under Rule 302.1 RoP considering possible severance of the newly added EP 3 678 321 claims from the main case following the grant of the claim amendment, inviting submissions from parties on whether the new patent should be heard separately. |
| 2023-12-08 | UPC_CFI_219/2023 | Mannheim LD | Infringement Action | Procedural | Procedural only | The Mannheim Local Division issued a procedural order addressing the validity of service of the statement of claim on Xiaomi entities domiciled in China and Hong Kong, with Panasonic Holdings arguing that service at Xiaomi Technology Germany GmbH's address was effective for all group companies given their integrated corporate structure. |
| 2023-12-05 | UPC_CFI_54/2023 | Hamburg LD | Infringement Action | Procedural | Procedural only | The Hamburg Local Division issued a further procedural order setting deadlines for Avago Technologies to file its reply and response to the invalidity counterclaim, after additional submissions regarding the start date of the reply deadline, in the infringement action against Tesla Germany GmbH and Tesla Manufacturing Brandenburg SE. |
| 2023-12-05 | UPC_CFI_2/2023 | Munich LD | Application for provisional measures | Procedural | Procedural only | The Munich Local Division imposed a penalty payment of EUR 100,000 on NanoString Technologies entities for non-compliance with a preliminary injunction under Article 62 UPCA, clarifying that no separate enforcement order is required under Article 82(4) UPCA and that national enforcement law requirements do not apply. |
| 2023-12-04 | UPC_CFI_363/2023 | Dusseldorf LD | Infringement Action | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order under Rules 302.1 and 302.2 RoP concerning possible bifurcation or severance of issues in an infringement action by Seoul Viosys Co., Ltd. against expert e-Commerce GmbH and others, involving EP 3 926 698 B1 and EP 3 223 320 B1. |
| 2023-12-04 | UPC_CFI_220/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a further order in the consolidated Panasonic v. Xiaomi cases (UPC_CFI_213, 220, 224), granting deadline extensions for defendant groups and addressing service on foreign defendants including those domiciled in China and Hong Kong. |
| 2023-12-01 | UPC_CFI_7/2023 | Dusseldorf LD | Infringement Action | Procedural | Procedural only | The Düsseldorf Local Division decided under Rule 37.2 RoP to proceed with infringement and validity issues together (Article 33(3)(a) UPCA) in the patent dispute between Franz Kaldewei GmbH & Co. KG and Bette GmbH & Co. KG concerning EP 3 375 337 B1. |
| 2023-11-28 | UPC_CFI_54/2023 | Hamburg LD | Infringement Action | Procedural | Procedural only | The Hamburg Local Division issued a procedural order setting the deadline for Avago Technologies to file its reply to the statement of defence and its response to the invalidity counterclaim, taking into account the delayed receipt of the confidential defence version and aligning the two deadlines. |
| 2023-11-27 | UPC_CFI_220/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a provisional order in three consolidated infringement cases (UPC_CFI_213, 220, 224) by Panasonic against ten Xiaomi entities, granting deadline extensions for defendants 3-6, 9-10 to file their defence and addressing service questions concerning Xiaomi entities domiciled in China and Hong Kong. |
| 2023-11-22 | UPC_CFI_260/2023 | Dusseldorf LD | Procedural Order | Procedural | Procedural only | The Düsseldorf Local Division decided under Rule 37.2 RoP (before close of written proceedings) to proceed with both the infringement claim and the invalidity counterclaim together (Article 33(3)(a) UPCA), finding joint hearing efficient and beneficial given the moderate technical complexity and the overlap between the validity and infringement issues. |
| 2023-11-20 | UPC_CFI_80/2023 | Munich CD | Revocation Action | Procedural | Procedural only | The Munich Central Division refused a request by Healios K.K. and Osaka University to stay UPC revocation proceedings pending a decision by the EPO, finding no concrete near-future date for an EPO decision and holding that the interests of the parties must be weighed, with the claimant's interest in timely proceedings prevailing. |
| 2023-11-17 | UPC_CFI_80/2023 | Munich CD | Revocation Action | Procedural | Procedural only | The Munich Central Division issued an order on a Rule 262A application by Astellas Institute for Regenerative Medicine to restrict access to a confidential annex, addressing the scope of access permitted to named individuals at the defendant entities Healios K.K. and Osaka University in the revocation action concerning EP 3 056 564. |
| 2023-11-13 | UPC_CFI_255/2023 | Paris CD | Preliminary objection | motionName.jurisdictional | Procedural only | The Paris Central Division issued an order on a preliminary objection filed by Edwards Lifesciences Corporation challenging the competence of the Central Division to hear a revocation action by Meril Italy srl concerning EP 3 646 825, raising issues of same parties and Article 33(2) UPCA. |
| 2023-11-03 | UPC_CFI_14/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued an order regarding a change of language of proceedings from German to English in the infringement action by Amgen against Sanofi and Regeneron entities concerning EP 3 666 797. |
| 2023-11-03 | UPC_CFI_54/2023 | Hamburg LD | Infringement Action | Procedural | Procedural only | The Hamburg Local Division issued a final confidentiality order under Rule 262A RoP in Avago v. Tesla, defining the scope of protection for trade secrets and the category of persons permitted to access confidential information. |
| 2023-10-30 | UPC_CFI_252/2023 | Munich CD | Revocation Action | Procedural | Procedural only | The Munich Central Division ordered Harvard College (claimant/defendant in revocation action) to provide security for legal costs under Article 69(4) UPCA and Rule 158 RoP, finding legitimate concern about enforcement of a potential cost order against NanoString Technologies Europe (a UK-based entity) in light of a preliminary injunction already imposed. |
| 2023-10-27 | UPC_CFI_22/2023 | Hamburg LD | Infringement Action | Procedural | Procedural only | The Hamburg Local Division granted an extension of the deadline for Vizgen, Inc. to file its defence in an infringement action by 10x Genomics and Harvard College, citing delayed upload of statement of claim annexes by the claimants and a delayed CMS access for the defendant's representatives. |
| 2023-10-26 | UPC_CFI_357/2023 | Munich LD | Application for provisional measures | Preliminary injunction | Withdrawn | The Munich Local Division accepted the withdrawal of the application for provisional measures (anti-anti-suit injunction) filed on 5 October 2023 by 10x Genomics and Harvard College, and declared the proceedings terminated; court fees were to be borne by the applicants. |
| 2023-10-20 | UPC_CFI_214/2023 | Helsinki LD | Preliminary objection | motionName.jurisdictional | Procedural only | The Helsinki Local Division issued an order in a preliminary objection proceeding in an infringement action by AIM Sport Vision AG against Supponor entities; the decision text is largely redacted or not available in the excerpt. |
| 2023-10-18 | UPC_CFI_239/2023 | The Hague LD | Infringement Action | Procedural | Procedural only | The President of the Court of First Instance issued an order pursuant to Rule 323 RoP on the language of proceedings, in an infringement action by Plant-e Knowledge B.V. and Plant-e B.V. against Arkyne Technologies S.L., concerning EP 2 137 782 relating to a device for converting light energy into electrical energy. |
| 2023-10-17 | UPC_CFI_11/2023 | Nordic-Baltic RD | Infringement Action | Procedural | Procedural only | The Nordic-Baltic Regional Division partially granted a Rule 262.1(b) request for public access to pleadings and evidence, holding that under Article 45 UPCA written proceedings are in principle public, and that a credible explanation for why access is sought is sufficient unless confidentiality is necessary. |
| 2023-10-13 | UPC_CoA_320/2023 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Procedural only | The Court of Appeal (German language version) addressed the date of service of the Statement of claim and term extensions. The Court held: (1) A Statement of claim can be validly served even if annexes are not simultaneously uploaded, provided the statement alone enables the defendant to assert its rights. (2) If a claimant fails to upload annexes simultaneously with the Statement of claim contrary to R.13.2 RoP, this in itself constitutes sufficient grounds for a defendant's request for term extension (without regard to the nature or content of the annexes). (3) The extension must compensate for the period during which the annexes were unavailable. This is a duplicate/German language version of the same decision published in English (see final-order-appeal-572929-eng_0.pdf). |
| 2023-10-13 | UPC_CoA_320/2023 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Procedural only | The Court of Appeal (English language version) ruled on the date of service of the Statement of claim and term extensions for preliminary objection and statement of defence. Key holdings: (1) A Statement of claim can be validly served even without annexes, provided it enables the defendant to assert rights before the UPC courts. (2) Non-simultaneous upload of annexes contrary to R.13.2 RoP is itself sufficient for a defendant to request term extension, regardless of the content of the annexes. (3) The extension should equal the period during which annexes were unavailable after service. This is the English version of the same decision (see final-order-appeal-572929-002.pdf for German version). |
| 2023-10-11 | UPC_CFI_75/2023 | Munich CD | Revocation Action | Procedural | Procedural only | The Munich Central Division issued a Rule 9 RoP procedural order directing parties to use the CMS and designated workflows for all submissions, clarifying that system-generated notifications constitute electronic service under Rules 278.1 and 271.6 RoP, in the revocation action by Astellas. |
| 2023-10-11 | UPC_CFI_80/2023 | Munich CD | Revocation Action | Procedural | Procedural only | The Munich Central Division issued a Rule 9 RoP procedural order directing parties to use the CMS and designated workflows for all submissions and limiting external correspondence to a minimum, in the revocation action by Astellas against Healios K.K. and Osaka University. |