UPClytics

Decisions

DateCaseDivisionActionMotionOutcomeSummary
2026-02-12UPC_CFI_575/2025Mannheim LDPreliminary objectionmotionName.jurisdictionalDismissedThe Mannheim Local Division rejected the preliminary objection filed by all seven defendants (led by Sovex Systems and Solvest entities) in Honeywell's infringement action concerning EP 2 563 695 B1. The Court retained jurisdiction over the Dutch defendants under Art. 33(1) UPCA and rejected the defendants' arguments challenging international jurisdiction over Hemtech (Bosnia and Herzegovina) under Art. 31 UPCA and Art. 71b Brussels I Recast. The Court found Honeywell had sufficiently asserted German-directed infringing acts at the pleadings stage, without needing to pre-judge the merits. Leave to appeal the rejection was not granted by the judge-rapporteur.
2026-02-03UPC_CoA_8/2025Court of AppealGeneric applicationProceduralSettledFollowing the conclusion of appeal proceedings and a settlement agreement between Oerlikon Textile GmbH & Co KG and Bhagat Textile Engineers on payment of procedural costs (arising from the infringement judgment UPC_CFI_241/2023 and the appeal UPC_CoA_8/2025 decision of 9 December 2025), the Court of Appeal ordered the release and transfer to Oerlikon of the EUR 19,000 security deposit provided by Bhagat pursuant to the security for costs order of 30 October 2025. Bhagat consented to the transfer.
2026-02-03UPC_CoA_8/2025Court of AppealGeneric applicationProceduralSettledItalian-language version of the Court of Appeal order (Emmanuel Gougé) ordering the release and transfer to Oerlikon of EUR 19,000 security deposit provided by Bhagat, following settlement of cost payment obligations in the infringement and appeal proceedings concerning EP 2 145 848. Identical substance to the English version.
2025-12-09UPC_CoA_8/2025Court of AppealAppeal RoP220.1motionName.appeal_decisionoutcomeName.otherCourt of Appeal decision on damages and costs in appeal by Bhagat Textile Engineers against the first-instance infringement decision (EP 2 145 848). The CoA confirmed that Bhagat was at least negligent (Art. 68(1) UPCA) having exhibited the infringing product at ITMA 2023 without checking the patent landscape. Oerlikon's claims for moral/reputational prejudice were rejected as insufficiently substantiated. The CoA upheld the CFI's cost allocation (Bhagat to bear 80% of first-instance costs). The CoA determined the damages quantum.
2025-10-30UPC_CoA_8/2025Court of AppealApplication For CostsCostsCosts onlyThe Court of Appeal (Panel 1b: Grabinski, Gougé, Germano, Checcacci, Wilhelm) ordered Bhagat Textile Engineers to provide security for costs of EUR 19,000 (50% of the applicable ceiling) within 10 days in the appeal against the Milan Local Division's infringement judgment concerning EP 2 145 848. The court rejected Oerlikon's request for security regarding first-instance costs already awarded (as those are a matter of enforcement). Security was justified by Bhagat's financial difficulties, the non-enforceability of UPC orders in India, and Bhagat's explicit acknowledgment that it cannot pay the first-instance costs.
2025-10-30UPC_CoA_8/2025Court of AppealApplication For CostsCostsCosts onlyItalian-language version of the Court of Appeal order (Panel 1b) ordering Bhagat Textile Engineers to provide security for costs of EUR 19,000 in the appeal concerning EP 2 145 848. Identical substance to the English version: security ordered based on Bhagat's financial difficulties and non-enforceability of UPC orders in India. Request for security covering first-instance costs rejected.
2025-10-22UPC_CFI_575/2025Mannheim LDPreliminary objectionmotionName.jurisdictionalProcedural onlyThe Mannheim Local Division (judge-rapporteur Marjolein Visser) ruled on a preliminary objection filed by the defendants in an infringement action by Honeywell Control Systems Ltd. concerning EP 2 563 695 B1. The court dismissed the request to transfer the case to The Hague regarding Sovex Systems (D1) and the other Dutch defendants (D2-D6), finding that the Mannheim Local Division has competence under Art. 33(1)(a) UPCA based on alleged infringement occurring in Germany. The request to dismiss for lack of international jurisdiction over Hemtech (D7, Bosnia) was also addressed.
2025-05-09UPC_APP_18705/2025Hamburg LDApplication Rop 333ProceduralProcedural onlyOrder by Hamburg Local Division (UPC_CFI_429/2024, 9 May 2025) dismissing defendants' (Chint/Astronergy) panel review application under R. 333 RoP against refusal to order claimant JingAo Solar to provide security for costs. The panel upheld the rapporteur's order: defendants failed to substantiate a legitimate concern about unenforceability of a cost order against the Chinese claimant, notwithstanding a conflicting order in parallel Munich LD proceedings.
2025-04-29ACT_831/2025Paris CDApplication For CostsCostsCosts onlyThe Central Division Paris issued a costs order in connection with the revocation action UPC_CFI_454/2023, requiring Tandem Diabetes to pay Roche Diabetes Care's representation and litigation costs. The Court rejected Tandem Diabetes's request to stay the costs proceedings pending the appeal against the decision on the merits.
2025-04-29ACT_831/2025Paris CDApplication For CostsCostsCosts onlyThe Paris Central Division issued a cost decision ordering Tandem Diabetes Care to pay Roche Diabetes Care's legal costs of EUR 112,000 plus travel expenses and court fees totalling approximately EUR 119,623, following Roche's success in the underlying revocation action.
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.
2024-12-18ACT_589997/2023Paris CDRevocation ActionRevocation meritsPatent maintainedThe Paris Central Division dismissed Tandem Diabetes Care's revocation action against Roche's EP 2 196 231 B1 (ambulatory drug infusion system), maintaining the patent as granted and ordering the claimants to bear the costs of proceedings, finding the grounds for invalidity (including lack of inventive step over prior art Diaz/Robertson/Glejboel) were not proven.
2024-09-09UPC_CFI_88/2024Hamburg LDGeneric applicationProcedural onlyPreliminary procedural order from Hamburg Local Division dated 9 September 2024 in infringement proceedings brought by Roche Diabetes Care GmbH and F. Hoffmann-La Roche AG against Tandem Diabetes Care entities and VitalAire GmbH regarding EP 2 196 231. The order deals with Tandem's request to stay the proceedings. The court balanced the right to a fair trial (Art. 6 ECHR, Art. 47 EU Charter) with the principle that proceedings should normally conclude within one year (RoP Preamble point 7). No stay was granted; the case management timetable was maintained.
2024-05-10UPC_APP_3514/2024Paris CDPreliminary objectionmotionName.jurisdictionalDismissedThe Paris Central Division dismissed a preliminary objection by Tandem Diabetes Care contesting the UPC's jurisdiction based on an alleged violation of a standstill agreement before filing the revocation action by Roche Diabetes Care, ruling that breach of a standstill agreement does not constitute grounds for challenging the court's jurisdiction.