| 2024-12-23 | UPC_APP_57498/2024 | Dusseldorf LD | Application RoP262A | Procedural | Procedural only | Procedural order from the Düsseldorf Local Division (UPC_CFI_336/2024 and UPC_CFI_605/2024) on defendants' application for confidentiality protection under R. 262A RoP in Maxeon Solar's infringement action against Aiko Energy entities and distributors concerning EP 3 065 184. The order addressed the confidential club structure for multiple defendant groups represented by different counsel. |
| 2024-12-23 | UPC_CFI_814/2024 | Paris LD | Application for an Order for inspection pursuant to RoP199 | Evidence | Procedural only | Paris Local Division granted an ex parte order for preservation of evidence (saisie-contrefaçon) and on-site inspection against VALINEA ENERGIE, allowing detailed description and physical seizure of documents relating to a waste incineration furnace allegedly reproducing features of EP 3 178 578 B1. TIRU suspected infringement based on video evidence of a new furnace installation. |
| 2024-12-23 | UPC_CFI_813/2024 | Paris LD | Application for an Order for inspection pursuant to RoP199 | Evidence | Procedural only | Paris Local Division granted TIRU's application for an order for evidence preservation and inspection of premises (saisie) against MAGUIN under R.192-199 RoP, without hearing the defendant. The court authorised a bailiff-assisted inspection to preserve evidence relating to a furnace allegedly infringing patent EP3178578. The order was conditional on TIRU paying costs and lodging a €10,000 guarantee before 31 December 2024. Measures to be executed by 17 January 2025. |
| 2024-12-23 | UPC_APP_58027/2024 | Milan CD | Generic application | Costs | Costs only | Milan Central Division costs order in Insulet Corporation v. MENARINI DIAGNOSTICS s.r.l. arising from intervention proceedings (Insulet's application for provisional measures against EOFLOW, EP 4 201 327). The court held: (1) an intervener in sub-proceedings must show a legally qualified interest; (2) intervention under R. 313 RoP is governed by adversarial principle and both intervener applicant and respondent are parties for cost purposes; (3) the successful party preventing or obtaining intervention may claim costs under Art. 69 UPCA; (4) an invoice is not required if the amounts and activities are clear. MENARINI ordered to pay Insulet EUR 1,764 in costs within 15 days. |
| 2024-12-20 | UPC_APP_62866/2024 | Hamburg LD | Application Rop 333 | Procedural | Procedural only | The Hamburg Local Division rejected Harvard/10x Genomics' request to file a further auxiliary request to amend the patent, finding the application was filed approximately three months after the reason for amendment arose and would risk delaying proceedings. |
| 2024-12-20 | UPC_APP_56734/2024 | Munich LD | Application RoP262.1 (b) | Procedural | Procedural only | Procedural order by Munich Local Division in Phoenix Contact v ILME (EP 3 602 692) on an application by HARTING Electric (opponent in parallel EPO opposition proceedings) for public access to the file under R. 262.1(b) RoP. The court held that a pending EPO opponent has a legal interest in access to the UPC file during the proceedings and granted the application. |
| 2024-12-19 | UPC_APP_54055/2024 | Copenhagen LD | Request to review an order ex-parte | motionName.ex_parte | Procedural only | Order of the Copenhagen Local Division upholding (under Art. 60(6) UPCA and Rule 197 RoP) the ex-parte evidence preservation and inspection order of 26 August 2024 issued in favour of Hybridgenerator ApS against HGSystem ApS and associated entities concerning EP 4 238 202 B1. After review at the request of the respondents, the Court confirmed that there remained sufficient evidence of infringement of the patent by the challenged products, rejecting arguments that the products had been modified after the preservation proceedings commenced. The expert IT report is released to the parties' representatives. |
| 2024-12-19 | UPC_APP_66323/2024 | Paris LD | Generic application | Procedural | Procedural only | The Paris Local Division ruled on LAMA France's applications filed in enforcement proceedings following the main decision of 13 November 2024 against LAMA. LAMA requested a stay of enforcement pending appeal, a restricted confidentiality circle, and security. The court addressed the jurisdiction of the first instance court vs Court of Appeal to rule on a stay of enforcement during the appeal period. |
| 2024-12-18 | ORD_66938/2024 | The Hague LD | Procedural Order | Procedural | Procedural only | The Hague Local Division (Judge-Rapporteur) ordered that Amycel's attempts to serve the Statement of Claim on the anonymous defendant (located in Poland, an EU country that is not a UPC Contracting Member State) constituted good service, that the Statement of Claim was deemed served on 18 November 2024, and set the time period for the defendant to lodge a Statement of Defence ending 18 February 2025. |
| 2024-12-17 | UPC_APP_56792/2024 | Munich CD | Generic application | Costs | Procedural only | Order of the Central Division (Munich Section) on a request by NanoString Technologies Europe Limited to release a security for legal costs imposed under Rule 158 RoP. The Court confirmed it has power to release security under Rule 352.2 RoP and set out the conditions for doing so, examining whether the reasons for imposing the security had ceased to exist following a final non-appealable judgment. |
| 2024-12-13 | UPC_APP_61630/2024 | Paris LD | Application Rop 265 | Procedural | Settled | Paris Local Division (13 December 2024) allowed withdrawal of ICPillar's infringement action and ARM's counterclaim for revocation following a confidential settlement agreement reached after mediation in parallel US proceedings. Security for costs (EUR 44,400 to ICPillar) to be returned in full; each party bears its own costs; court fees reimbursed at 40%. |
| 2024-12-12 | UPC_APP_64780/2024 | Paris CD | Generic application | Procedural | Procedural only | The Central Division Paris denied Microsoft Corporation's request for leave to appeal the order granting Suinno Mobile & AI Technologies leave to change its claim (reducing damages to EUR 2 million), holding that the order did not involve legal issues of different interpretations or serving a concrete interest of the parties. |
| 2024-12-12 | ORD_65555/2024 | Munich LD | Generic Order | Preliminary injunction | Dismissed | Munich Local Division (12 December 2024) dismissed Sumi Agro's application to revoke a preliminary measures order, holding that Syngenta Limited had validly commenced main proceedings by uploading the statement of claim to the CMS within the applicable time limit, as the filing date under R. 15.2 RoP is the date the court fee is received. |
| 2024-12-12 | UPC_APP_64571/2024 | Dusseldorf LD | Generic application | Procedural | Procedural only | Düsseldorf Local Division final order (judge-rapporteur Thomas) in infringement proceedings by Valeo Electrification against Magna PT entities concerning EP 3 320 602. The order harmonises time limits for the reply to the statement of defence and defence to the counterclaim for revocation, refusing a further extension beyond harmonisation as defendants objected. No substantive ruling on infringement or validity. |
| 2024-12-11 | UPC_APP_64946/2024 | Court of Appeal | Generic application | Procedural | Procedural only | The Court of Appeal denied Hand Held Products Inc.'s application for court-ordered simultaneous interpretation (German to English) of the oral hearing in the appeal proceedings against Scandit AG, because the application was filed late (less than one month before the hearing) and the conditions of R. 109.1 RoP were not met; the party was free to arrange interpretation at its own cost under R. 109.4 RoP. |
| 2024-12-11 | UPC_APP_60701/2024 | Dusseldorf LD | Application Rop 265 | Procedural | Procedural only | First-instance procedural order from the Düsseldorf Local Division in an infringement action brought by Dolby International AB and its intervener Access Advance LLC against multiple HP group entities, concerning EP 3 490 258 B1 (a standard-essential patent in the audio codec field). The decision addresses the application under R. 265 RoP and ancillary procedural steps in the written proceedings phase; no final ruling on infringement was issued. |
| 2024-12-11 | ORD_63909/2024 | Paris LD | Generic Order | Infringement merits | Revoked | Decision on the merits from the Paris Local Division (UPC_CFI_395/2023) delivered on 11 December 2024 in DexCom's infringement action against Abbott entities concerning EP 3 831 282. The Court found the patent invalid in its entirety — neither as granted nor as amended by auxiliary requests 1, 2 or 3 — due to added subject-matter under Art. 138(1)(c) EPC. The infringement action was dismissed for lack of legal basis. DexCom was ordered to bear Abbott's costs, with the amount to be determined in separate proceedings. |
| 2024-12-11 | ORD_65290/2024 | Nordic-Baltic RD | Generic Order | Procedural | Procedural only | Nordic-Baltic Regional Division (full panel) order dismissing defendants' request to stay the main infringement proceedings pending EPO opposition proceedings concerning EP 3 769 722. The Court of Appeal had previously set aside an earlier stay dismissal and referred back for reconsideration under R. 295(a) RoP. On reconsideration, the panel dismissed the stay request again in the Meril/Edwards heart valve case (Edward Lifesciences v Meril entities). The request to stay pending Central Division revocation counterclaim was also refused. |
| 2024-12-09 | UPC_APP_64018/2024 | Munich LD | Generic application | Procedural | Procedural only | The Local Division Munich held that R.275.1 RoP requires an attempt at alternative service even when formal service under the Hague Convention has been seriously and definitively refused, but that alternative service can be dispensed with only if legally and factually impossible; since no alternative was available, the court was unable to order good service under R.275.2 without first exhausting other options. |
| 2024-12-09 | UPC_APP_64018/2024 | Munich LD | Generic application | Procedural | Procedural only | Duplicate document of the same order issued on 9 December 2024 by the Local Division Munich concerning alternative service: the court held that alternative service must be attempted before resorting to R.275.2 RoP, unless no legally and factually possible alternative exists. |
| 2024-12-09 | UPC_CFI_509/2023 | Munich LD | Generic application | — | Procedural only | Munich Local Division held that steps already taken to bring a request for preliminary injunction to defendant's attention constituted good service under R.275.2 RoP, after service via Chinese authorities had failed or been seriously delayed for more than six months. The order established service rules when Hague Convention service fails. |
| 2024-12-03 | UPC_APP_48598/2024 | Dusseldorf LD | Generic application | Procedural | Procedural only | Düsseldorf Local Division order on 10x Genomics' application for security for legal costs to be provided by the defendant Curio Bioscience, in spatial transcriptomics patent infringement proceedings. The Court held that not only claimants but also defendants may be ordered to provide security for costs under R. 158 RoP. However, when a claimant requests security from the defendant, the court must take into account that the claimant made a voluntary decision to litigate, which bears on the weighing of interests. The court must ensure the defendant's right to a fair trial is not compromised. |
| 2024-11-28 | UPC_APP_60286/2024 | Dusseldorf LD | Application RoP262A | Procedural | Procedural only | The Düsseldorf Local Division issued a confidentiality order under R. 262A RoP in the infringement action brought by Valeo Electrification against Magna entities, granting the claimant's request to add Florian Saadi to its confidential-access team while declining to extend access further. |
| 2024-11-27 | UPC_APP_62687/2024 | Milan LD | Generic application | Procedural | Procedural only | The Milan Local Division issued a short procedural order rescheduling the interim conference in Oerlikon Textile GmbH & Co. KG v Himson Engineering Private Limited (UPC_CFI_240/2023, EP 2 145 848) from 10:30 to 14:30 on 6 December 2024, to be held by videoconference rather than in person, following a request from Himson's representatives citing prior professional commitments. |
| 2024-11-26 | UPC_APP_55394/2024 | Paris CD | Amend Document | Procedural | Procedural only | The Central Division Paris granted Suinno Mobile & AI Technologies leave to reduce the damages sought from a higher amount to EUR 2 million, holding that a reduction of the damages claimed constitutes an unconditional limitation of a claim that must always be granted under R.263(3) RoP. |
| 2024-11-26 | UPC_APP_59539/2024 | Munich LD | Generic application | Costs | Procedural only | The Munich Local Division considered the defendants' application for security for costs from the claimant GXD-Bio Corporation (a Korean IP monetization/NPE company), finding the claimant had insufficient financial resources based on credit rating and corporate structure evidence. The court addressed the appropriate level of security under Rule 158 RoP. |
| 2024-11-25 | UPC_APP_61143/2024 | Dusseldorf LD | Application Rop 333 | Procedural | Procedural only | The Düsseldorf Local Division full panel dismissed FUJIFILM's application for review of a judge-rapporteur's order that had denied FUJIFILM's application to submit an additional written pleading in response to new factual allegations in the defendants' rejoinder regarding a prior use defence. |
| 2024-11-25 | ORD_62633/2024 | Milan LD | Generic Order | Procedural | Procedural only | The Milan Local Division issued a case management order ahead of the oral hearing, addressing agenda items including settlement prospects, translation errors in the Italian validation of the patent, the counterclaim for revocation, auxiliary requests, and infringement evidence. |
| 2024-11-22 | UPC_APP_62286/2024 | Mannheim LD | Generic application | Procedural | Procedural only | The Mannheim Local Division dismissed the defendants' application to stay or postpone the judgment-delivery hearing, confirming that the pronouncement of the decision would proceed as scheduled on 22 November 2024. |
| 2024-11-21 | UPC_APP_58075/2024 | Munich LD | Generic application | Evidence | Procedural only | The Munich Local Division issued an order allowing the claimant Collomix GmbH to submit a physical exhibit (a PARKSIDE water dispensing device) as evidence after the statement of claim had been filed, finding that the RoP does not prohibit submission of evidence for facts pleaded in the claim at any stage. |
| 2024-11-21 | ORD_59318/2024 | Dusseldorf LD | Generic Order | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order in the DexCom v. Abbott infringement action concerning EP 4 026 488, taking an early decision pursuant to R. 37.2 RoP on how to proceed under Art. 33(3) UPCA (bifurcation or combined hearing of infringement and validity). The court exercised its discretion to hear both the infringement action and any counterclaim for revocation together. |
| 2024-11-21 | UPC_APP_62076/2024 | Court of Appeal | Application Rop 223 | Procedural | Procedural only | The Standing Judge of the Court of Appeal (Klaus Grabinski) provisionally granted suspensive effect to Magna's appeal against the Düsseldorf Local Division's preliminary injunction of 31 October 2024 (EP 3 320 602), but only to the limited extent that the exception to the injunction (covering existing BMW delivery obligations as of 8 October 2024) did not include the 'BMW 2 Series Gran Coupé' model. The order was issued pending a final decision on the suspensive effect application by panel 2 of the Court of Appeal. Note: The case number in the metadata is listed as UPC_APP_62076/2024 but the actual CoA reference is UPC_CoA_719/2024. |
| 2024-11-21 | UPC_APP_62076/2024 | Court of Appeal | Application Rop 223 | Procedural | Procedural only | Identical situation to App_62076/2024 but concerning EP 3 320 604 (UPC_CoA_720/2024, ACT_39183/2024, UPC_CFI_368/2024). The Standing Judge provisionally granted suspensive effect to Magna's appeal against the Düsseldorf LD's preliminary injunction of 31 October 2024 to the limited extent that the 'BMW 2 Series Gran Coupé' model was not included in the exception to the injunction, pending the panel's final decision on suspensive effect. |
| 2024-11-20 | UPC_APP_59991/2024 | Dusseldorf LD | Generic application | Procedural | Procedural only | The Düsseldorf Local Division dismissed Magna's application for rectification under R. 353 RoP of an injunction order, finding that the alleged omissions and characterisations regarding vehicle models and a French vindication action did not constitute clerical errors or obvious slips. |
| 2024-11-20 | UPC_APP_60996/2024 | Dusseldorf LD | Generic application | Procedural | Procedural only | Düsseldorf Local Division procedural order extending the time limit for DexCom Inc. to file its Rejoinder to the Counterclaim for Revocation and Reply to Application to Amend until 11 December 2024, in DexCom v. Abbott entities (EP 4 026 488). The extension was granted on grounds of fairness/equity because the previous time period for defendants had been similarly extended with claimant's consent. |
| 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 | 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. |
| 2024-11-12 | 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. |
| 2024-11-04 | 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. |
| 2024-11-01 | 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. |