Decisions
| Date | Case | Division | Action | Motion | Outcome | Summary |
|---|---|---|---|---|---|---|
| 2026-03-04 | UPC_CoA_678/2025 | Court of Appeal | Generic Order | Procedural | Procedural only | The Court of Appeal (judge-rapporteur Emmanuel Gougé) granted Hurom Co., Ltd.'s application for further exchanges of written pleadings (R. 36 RoP) in the appeal against the Paris Local Division's decision of 23 May 2025 dismissing Hurom's infringement claims and revoking several claims of EP 3 155 936. The CoA allowed further pleadings because Hurom had introduced two new auxiliary requests on appeal (not filed at first instance) and NUC had responded with new prior art documents (D5, D6) and invalidity arguments that Hurom had not yet had an opportunity to address. The principles of due process and the right to be heard justified the further exchange. |
| 2025-07-28 | UPC_CFI_239/2024 | Paris CD | Revocation Action | Revocation merits | Patent amended | The Central Division Paris rejected the revocation action filed by an anonymous claimant against Essetre Holding spa in respect of EP 2 875 923 B1 (a machine for machining walls). The patent was maintained in amended form as submitted in the Principal Request on 8 August 2024. The Court interpreted 'a working surface' as meaning 'one working surface', applying the ordinary meaning in context of the description and drawings. The revocation action was dismissed as the defendant had submitted a patent limitation during proceedings. Costs were apportioned 70% to the claimant and 30% to the defendant. The case value for costs purposes was set at EUR 100,000. |
| 2025-01-10 | UPC_APP_68359/2024 | Munich LD | Application Rop 265 | Procedural | Withdrawn | Decision of the Munich Local Division permitting withdrawal of the infringement action by Dexcom Inc. against Abbott Laboratories and multiple Abbott entities, and withdrawal of the counterclaim for revocation and patent amendment application by the defendants. All parties mutually consented to withdrawal prior to the final decision date. Each party bears its own costs. |
| 2025-01-07 | UPC_APP_67755/2024 | Dusseldorf LD | Application Rop 265 | Procedural | Withdrawn | Düsseldorf Local Division decision allowing the withdrawal of DexCom's infringement action (including application to amend the patent) and Abbott's counterclaim for revocation by mutual consent (R. 265 RoP). Following an out-of-court settlement, DexCom agreed to withdraw the infringement action and Abbott agreed to withdraw the revocation counterclaim. Neither party requested a costs decision. The oral hearing scheduled for 8 May 2025 was cancelled. Court fees reimbursed: DexCom receives 60% of infringement action fees (EUR 22,200), Abbott receives 60% of revocation counterclaim fees (EUR 12,000). |