| 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_11857/2024 | Munich LD | Preliminary objection | motionName.jurisdictional | Dismissed | The Munich Local Division partially dismissed preliminary objections filed by Volkswagen, Audi, and Texas Instruments in infringement proceedings by Network System Technologies LLC concerning EP1552669, rejecting challenges to standing, admissibility of pre-2022 damages, and the sufficiency of the infringement read, while deferring jurisdiction objections relating to UK-territory claims to a later stage. |
| 2024-05-08 | UPC_APP_11863/2024 | Munich LD | Preliminary objection | motionName.jurisdictional | Dismissed | The Munich Local Division partially dismissed preliminary objections filed by Volkswagen, Audi, and Texas Instruments in infringement proceedings by Network System Technologies LLC concerning EP1552399, rejecting challenges on substantially the same grounds as in the parallel proceedings concerning EP1552669. |
| 2024-05-08 | UPC_APP_11845/2024 | Munich LD | Preliminary objection | motionName.jurisdictional | Dismissed | The Munich Local Division partially dismissed preliminary objections filed by Volkswagen, Audi, and Texas Instruments in infringement proceedings by Network System Technologies LLC concerning EP1875683, rejecting challenges on substantially the same grounds as in the parallel proceedings concerning EP1552669 and EP1552399. |
| 2024-05-08 | UPC_APP_11850/2024 | Munich LD | Preliminary objection | motionName.jurisdictional | Procedural only | The Local Division Munich resolved preliminary objections filed by Volkswagen, Audi AG, and Texas Instruments defendants in NST's infringement action concerning EP 1 875 683, rejecting jurisdiction and standing challenges and finding that a detailed infringement read on one example device is sufficient at the pleading stage to cover a list of accused devices. |
| 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_11854/2024 | Munich LD | Preliminary objection | motionName.jurisdictional | Procedural only | Order by Munich Local Division (UPC_CFI_513/2023, 8 May 2024) dismissing preliminary objections by Volkswagen AG, Audi AG and Texas Instruments entities in NST's infringement action for EP 1 552 669 B1. Substantially the same as the companion order in UPC_CFI_514/2023: opt-out withdrawal was valid; NST had standing to sue including for pre-assignment infringement. |
| 2024-05-08 | UPC_APP_11795/2024 | Munich LD | Preliminary objection | motionName.jurisdictional | Procedural only | Munich Local Division order (full panel, Zigann presiding) on preliminary objections by Volkswagen AG, Audi AG, Texas Instruments Inc. and TI Deutschland GmbH, and on requests under R. 361 RoP, in infringement proceedings by Network System Technologies LLC concerning EP 1 552 399. The R. 361 requests to declare the action manifestly inadmissible or unfounded were dismissed. The preliminary objections (R. 19 RoP) were partially dismissed with the remaining jurisdictional issue deferred to the main proceedings. Leave to appeal granted. Costs deferred to main proceedings. |
| 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. |
| 2024-05-08 | UPC_APP_11791/2024 | Munich LD | Preliminary objection | motionName.jurisdictional | Procedural only | Munich Local Division order (full panel, Pichlmaier as judge-rapporteur) on preliminary objections and R. 361 requests by Volkswagen AG, Audi AG, Texas Instruments Inc. and TI Deutschland GmbH in a second infringement action by Network System Technologies LLC concerning EP 1 875 683. Identical in substance to the parallel case (UPC_APP_12101/2024): R. 361 requests dismissed; preliminary objections partially dismissed with residual jurisdiction/assignment issues deferred to main proceedings. Leave to appeal granted. Costs deferred. |
| 2024-05-08 | UPC_APP_11861/2024 | Munich LD | Preliminary objection | motionName.jurisdictional | Procedural only | Munich Local Division dismissed preliminary objections (Rule 19 RoP) and requests to declare the action manifestly bound to fail (Rule 361 RoP) filed by Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH against Network System Technologies LLC's infringement action concerning EP 1 552 399. The court held that NST has standing to sue based on the patent assignments; infringement allegations need only be detailed for one exemplary device at this stage; the jurisdiction objection relating to UK/TI damages claims was deferred to the main proceedings; leave to appeal was granted. |
| 2024-05-08 | UPC_CFI_513/2023 | Munich LD | Preliminary objection | — | Procedural only | Order partially rejecting Network System Technologies' preliminary objection against Texas Instruments in an infringement action. The court also rejected Texas Instruments' request to declare the action manifestly bound to fail (Rule 361 RoP). Leave to appeal granted for both parts. |
| 2024-05-08 | UPC_CFI_513/2023 | Munich LD | Generic application | — | Procedural only | Order partially rejecting a preliminary objection and rejecting request to declare action manifestly bound to fail (Rule 361 RoP) in Network System Technologies v. Texas Instruments infringement action. Leave to appeal granted. (Related companion order to FCEF24C01B7B5A6ED33BAD356F867213_en.pdf.) |
| 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. |
| 2024-05-06 | UPC_CFI_440/2023 | Paris LD | Generic Order | Procedural | Procedural only | Order of the Paris Local Division (full panel) on several procedural applications filed by Photon Wave Co. Ltd. (intervener/third party supporter of defendant Laser Components SAS) and Seoul Viosys Co. Ltd. (claimant) in an infringement action concerning EP 3 404 726. The court: (1) held that Photon Wave had not filed its revocation brief within the deadline set for the party it supports, and rejected its application for extension of that deadline; (2) rejected Photon Wave's request to change the language of proceedings from French to another language, holding that neither the nationality of a party's representative nor of the intervener justifies a language change; (3) rejected Photon Wave's request for an autonomous revocation brief on the basis that an intervener cannot develop claims contrary to those of the party it supports; (4) rejected Seoul Viosys's request for postponement of its reply deadline. |
| 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. |
| 2024-05-02 | UPC_APP_20143/2024 | Court of Appeal | Generic application | Procedural | Procedural only | The Court of Appeal issued an order on the application for suspensive effect filed by Progress Maschinen & Automation AG, concerning an order by the Milan Local Division that had granted preservation of evidence and inspection orders in favour of AWM and SCHNELL. The court examined whether suspensive effect was warranted to prevent the appeal from being rendered largely ineffective. |
| 2024-05-02 | UPC_APP_8708/2024 | Paris CD | Preliminary objection | motionName.jurisdictional | Dismissed | Paris Central Division order rejecting Mala Technologies' preliminary objection to the jurisdiction of the UPC over Nokia's revocation action (ACT_595045/2023) concerning EP 2 044 709. Mala Technologies (defendant/patent proprietor) had argued the UPC lacked jurisdiction and sought a stay pending a German Federal Court of Justice decision (X ZR 6/24) in parallel revocation appeal proceedings. All requests were rejected: the preliminary objection was dismissed, the stay applications were denied, and the request to extend the deadline for the defence to revocation was also rejected. Leave to appeal was granted given the fundamental issues about the relationship between UPC proceedings and national courts. |
| 2024-05-01 | UPC_APP_23543/2024 | Court of Appeal | Application Rop 333 | Procedural | Procedural only | Court of Appeal (Second Panel) dismissed Daedalus Prime LLC's request for panel review of an order refusing extension of time for the Statement of Grounds of Appeal. The panel found no grounds to deviate from the judge-rapporteur's order, holding that the desire to present a thorough analysis or obtain a legal opinion does not justify extension. |
| 2024-05-01 | UPC_CFI_379/2023 | The Hague LD | Generic application | — | Withdrawn | The Hague Local Division (full panel) declared the infringement action by Keestrack N.V. against Geha Laverman B.V. concerning EP 3 713 672 closed following withdrawal of the action with the consent of the defendant. Each party bears its own costs. A 60% reimbursement of the fixed court fee was ordered pursuant to R. 370.11 RoP as the withdrawal occurred before the end of the written procedure. |
| 2024-04-30 | UPC_APP_14308/2024 | Mannheim LD | Generic application | Procedural | Procedural only | The Mannheim Local Division partially granted Panasonic Holdings Corporation's document-production request under R. 190 RoP, ordering Xiaomi entities to produce a specified licence agreement, while rejecting the further applications; the deadline for production was set to 9 May 2024. |
| 2024-04-30 | UPC_APP_19959/2024 | Paris CD | Generic application | Procedural | Procedural only | The Paris Central Division exercised its discretion to admit Edwards Lifesciences' subsequent request to amend patent EP 3 646 825 after the written procedure had closed, provided that Meril Italy was granted additional time to submit a defence to the new amendment, holding that such admission does not prejudice the opposing party's right of defence. |
| 2024-04-30 | UPC_APP_20743/2024 | Paris CD | Application Rop 333 | Procedural | Procedural only | The Paris Central Division ruled that a patent amendment request (EP 3 414 708) is inadmissible to the extent it concerns claims not challenged in the revocation action, establishing that the right to amend is a defensive tool limited to challenged claims. |
| 2024-04-30 | UPC_APP_14390/2024 | Mannheim LD | Generic application | Evidence | Procedural only | The Mannheim Local Division issued a procedural order in the Panasonic v Xiaomi infringement action concerning EP2568724, granting Panasonic's request for disclosure of a licence agreement (with possible redactions) as relevant to the claim, in the context of document production proceedings. |
| 2024-04-30 | ORD_23580/2024 | Dusseldorf LD | Generic Order | Infringement merits | PI granted | Düsseldorf Local Division granted a preliminary injunction (30 April 2024) against Curio Bioscience Inc. ordering it to cease offering, marketing, using or possessing arrays for localised detection of nucleic acid in tissue samples in Germany, France, and Sweden that infringe EP 2 697 391. A penalty of up to EUR 100,000 per day of contravention was imposed. Enforceability was conditional on the applicant providing a security of EUR 2,000,000. |
| 2024-04-30 | ACT_590953/2023 | Dusseldorf LD | Application for provisional measures | Preliminary injunction | PI granted | Same order as ORD_23580/2024 / UPC_CFI_463/2023 (Düsseldorf, 30 April 2024) – duplicate document. 10x Genomics obtained a preliminary injunction against Curio Bioscience restraining sale of infringing spatial transcriptomics arrays (EP 2 697 391) in Germany, France, and Sweden, subject to a EUR 2,000,000 security. |
| 2024-04-30 | UPC_CFI_463/2023 | Dusseldorf LD | Application for provisional measures | Preliminary injunction | PI granted | The Düsseldorf Local Division granted a preliminary injunction against Curio Bioscience Inc. prohibiting it from offering, marketing, using, importing or storing arrays for spatially localised nucleic acid detection in Germany, France and Sweden, finding prima facie infringement of EP 2 697 391 B1 (owned by 10x Genomics). Both parties were ordered to pay each other interim costs of EUR 100,000. The injunction was conditional on 10x Genomics providing security of EUR 2,000,000. 10x Genomics' application for security for costs from the defendant was rejected. |
| 2024-04-30 | UPC_CFI_218/2023 | Mannheim LD | Generic application | — | Procedural only | The Mannheim Local Division issued an order in Panasonic Holdings Corporation's infringement action against Xiaomi entities concerning EP 3 096 315, ruling on a production of licence agreements application (R. 190 RoP). The court ordered disclosure of certain licence agreements (with redactions permitted for irrelevant passages) where the parties holding those agreements had not provided valid reasons to refuse consent to production. |
| 2024-04-29 | UPC_APP_22293/2024 | Dusseldorf LD | Generic application | motionName.jurisdictional | Procedural only | Düsseldorf Local Division procedural order granting the parties' joint application to change the language of proceedings from German to English under Art. 49(3) UPCA and R. 321 RoP. The patent (EP 2 697 391 B1) was granted in English. Both parties agreed to the language change, which was approved by the court in the 10x Genomics vs Curio Bioscience infringement proceedings. |
| 2024-04-26 | ORD_23089/2024 | Court of Appeal | Generic Order | motionName.appeal_decision | Procedural only | Court of Appeal (26 April 2024) ruled that AIM Sport Development AG was entitled to the longer appeal period under R. 224.1(a) RoP (2 months) rather than R. 220.1(c) (15 days) for lodging a statement of appeal, because the CFI incorrectly combined infringement and provisional measures proceedings in one decision without distinction, creating an excusable error on AIM's part. |
| 2024-04-25 | UPC_APP_18259/2024 | Paris CD | Generic application | Procedural | Procedural only | The Paris Central Division judge-rapporteur issued a procedural order in the Toyota Motor Europe revocation action against Neo Wireless, denying Neo Wireless's request to stay the proceedings pending EPO opposition proceedings and appeal of a preliminary objection. The court held that pending EPO proceedings did not meet the 'rapid decision' threshold under Art. 33(10) UPCA, and that the preliminary objection appeal did not justify a stay. |
| 2024-04-24 | UPC_APP_9728/2024 | Munich LD | Procedural Order | Procedural | Procedural only | Procedural order of the Munich Local Division in infringement proceedings concerning a Wi-Fi 6 standard-essential patent. The order granted the defendants' R. 190 RoP request for production of a Qualcomm patent licence agreement (claimed relevant to an exhaustion defence), subject to confidentiality protection measures (R. 262A RoP). The court ordered the agreement to be produced in full and unredacted, designated a named person (Anna Lam) to receive the confidential document on the defendants' behalf, and ordered associated protective measures. |
| 2024-04-24 | UPC_APP_587265/2023 | Paris CD | Application RoP262.1 (b) | Procedural | Procedural only | The Paris Central Division ruled on a third-party application by Nicoventures Trading for public access to court files under R.262.1(b) RoP in a revocation action concerning EP 3 430 921, applying guidelines from the Court of Appeal's decision on public register access. |
| 2024-04-23 | UPC_APP_11732/2024 | Munich LD | Generic application | Procedural | Procedural only | The Munich Local Division dismissed applications by Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH requesting that the patent troll claimant Network System Technologies LLC provide security for legal costs, finding the conditions under Art. 69(4) UPCA and R. 158 RoP were not met. |
| 2024-04-23 | UPC_APP_11434/2024 | Munich LD | Generic application | Procedural | Procedural only | The Munich Local Division dismissed applications by Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH requesting that claimant Network System Technologies LLC provide security for legal costs of €600,000 per defendant under Art. 69(4) UPCA; costs of the applications to be addressed in the main proceedings. |
| 2024-04-23 | UPC_APP_11444/2024 | Munich LD | Generic application | Procedural | Procedural only | The Munich Local Division ruled on security for costs applications by Volkswagen AG, Audi AG, Texas Instruments Incorporated and Texas Instruments Deutschland GmbH against Network System Technologies LLC under Art. 69.4 UPCA. |
| 2024-04-23 | UPC_APP_11835/2024 | Munich LD | Generic application | Procedural | Dismissed | The Munich Local Division dismissed applications by Volkswagen, Audi, and Texas Instruments for security for legal costs against Network System Technologies LLC (NST), finding that the defendants failed to sufficiently substantiate that NST's financial position posed a legitimate and real risk that a cost order would not be recoverable. |
| 2024-04-23 | UPC_APP_11454/2024 | Munich LD | Generic application | Costs | Procedural only | Order of the Munich Local Division on three applications for security for legal costs (Rule 158 RoP, Art. 69.4 UPCA) filed by Volkswagen AG, Audi AG, Texas Instruments Inc. and Texas Instruments Deutschland GmbH against Network System Technologies LLC as claimant in an infringement action concerning EP 1 552 399 B1. The Court denied the security applications, balancing the risk of non-enforcement against the right of NST to an effective remedy. |
| 2024-04-23 | UPC_APP_11833/2024 | Munich LD | Generic application | Costs | Procedural only | Order of the Munich Local Division on applications for security for legal costs (Rule 158 RoP, Art. 69.4 UPCA) filed by Volkswagen AG, Audi AG, Texas Instruments Inc. and Texas Instruments Deutschland GmbH against Network System Technologies LLC as claimant in a separate infringement action concerning EP 1 875 683 B1. As with the parallel case (UPC_APP_11454/2024), the Court denied the security applications, applying the same balancing analysis. |
| 2024-04-23 | UPC_APP_11453/2024 | Munich LD | Generic application | Procedural | Procedural only | The Munich Local Division denied the applications by Volkswagen AG, Audi AG, Texas Instruments Inc., and Texas Instruments Deutschland GmbH for security for costs against Network System Technologies LLC (NST), the claimant domiciled in the US. The court held that mere foreign domicile is insufficient to order security, and that defendants failed to provide concrete evidence of actual difficulties in enforcing a cost order against NST. |
| 2024-04-23 | ORD_22211/2024 | Dusseldorf LD | Generic Order | motionName.jurisdictional | Procedural only | Düsseldorf Local Division procedural order following the Court of Appeal's reversal of the President's language decision, directing that the language of the proceedings be changed to English before the final order on provisional measures. The order deals with Germany's R. 14.2(c) RoP indication, allowing the judges to issue decisions in German with certified English translations, and enables the provisional measures decision (in the 10x Genomics vs Curio Bioscience matter, EP 2 697 391) to be issued promptly in both languages. |
| 2024-04-23 | UPC_APP_11431/2024 | Munich LD | Generic application | Procedural | Procedural only | Procedural order of the Munich Local Division on applications by Volkswagen, Audi and Texas Instruments for security for costs against Network System Technologies LLC (a US NPE claimant), in infringement proceedings concerning an integrated circuit patent. The applicants requested EUR 200,000 security per defendant. The Court considered the right to an effective remedy as a relevant factor, noting security for costs can restrict access to justice under Art. 47 of the EU Charter of Fundamental Rights. |
| 2024-04-23 | UPC_CFI_515/2023 | Munich LD | Generic application | — | Dismissed | Munich Local Division dismissed the applications by Volkswagen AG, Audi AG, Texas Instruments Inc., and Texas Instruments Deutschland GmbH requesting the Court to order Network System Technologies LLC (NST) to provide security for legal costs under Art. 69.4 UPCA and R.158 RoP. The Court found that the applications did not meet the legal standards for ordering such security. |
| 2024-04-22 | ORD_5343/2024 | Dusseldorf LD | Generic Order | Procedural | Procedural only | The Düsseldorf Local Division granted Seoul Semiconductor's application to intervene as a third party (Streithilfe) on the claimant's side as a simple licensee, finding it has a legal interest in preventing revocation of the patent-in-suit. |
| 2024-04-18 | ORD_20986/2024 | Hamburg LD | Generic Order | Procedural | Procedural only | Procedural order of the Hamburg Local Division on the method of service of the statement of claim on Xiaomi Communications Co., Ltd., Xiaomi Inc. (both domiciled in China) and MediaTek Inc. (domiciled in Taiwan) as defendants in infringement proceedings by Daedalus Prime LLC concerning EP 2 792 100. The Court ruled that service via the German branch offices under Rule 271.5(a) RoP was not possible since the Chinese/Taiwanese defendants did not have their own place of business within the UPCA contracting member states. Service must be effected via the Hague Service Convention. |
| 2024-04-17 | APL_12116/2024 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | Procedural only | The UPC Court of Appeal upheld the President of the Court of First Instance's refusal to change the language of proceedings from German to English in 10x Genomics' provisional measures application against Curio Bioscience concerning EP2697391, finding that the interests of the parties were balanced and the defendant's position was the decisive factor. |