| 2024-08-21 | UPC_CoA_354/2024 | Court of Appeal | Generic application | — | Procedural only | The Court of Appeal Panel 2 issued a procedural order summoning parties to an oral hearing by video conference (23 August 2024) in the appeal by Apple entities against the Düsseldorf Local Division's refusal to change the language of proceedings to the patent grant language in the Ona Patents infringement action concerning EP 2 263 098. The order also addressed Apple's application for further written pleadings (R. 9 RoP) and Ona Patents' request to disregard that reply (R. 36 RoP). |
| 2024-08-19 | UPC_CoA_388/2024 | Court of Appeal | Generic Order | — | Procedural only | The Court of Appeal partially granted Sibio's request for suspensive effect of their appeal, specifically to the extent that the first-instance provisional measures order erroneously covered Ireland (which had not ratified the UPCA and therefore was not a Contracting Member State). The erroneous extension to Ireland was identified as a manifest error. |
| 2024-08-12 | UPC_CFI_281/2024 | Dusseldorf LD | Generic application | — | Settled | Decision from Düsseldorf Local Division dated 6 August 2024 permitting Seoul Semiconductor Co., Ltd. to withdraw its patent infringement action against Amazon Services Europe S.à r.l. regarding EP 3 339 920 B1. The withdrawal was agreed following an out-of-court settlement. Each party bears its own costs and Seoul Semiconductor bears the court fees. The claimant was ordered reimbursement of 60% of court fees (EUR 6,600) pursuant to R. 370.9(b)(i) RoP. |
| 2024-08-09 | UPC_CFI_122/2024 | Paris CD | Revocation Action | Revocation merits | Withdrawn | The Paris Central Division issued a decision following Aiko Energy Germany's withdrawal of its revocation action against Maxeon Solar's EP 3 065 184 before service on the defendant, also ruling on the reimbursement of court fees under R.370(9)(b)(i) RoP. |
| 2024-08-09 | UPC_CFI_278/2023 | Hamburg LD | Application RoP262A | Procedural | Procedural only | Hamburg Local Division issued a confidentiality order under R.262A RoP protecting supply chain and trade secret information submitted by Gucci defendants in their Statement of Defence and Rejoinder. Access was restricted to named representatives of AGFA NV. The order replaced a preliminary order of 2 July. |
| 2024-08-08 | UPC_CFI_140/2024 | Dusseldorf LD | Application RoP262A | — | Procedural only | Procedural order on a confidentiality club application (Rule 262A RoP) in proceedings involving 10x Genomics v Curio Bioscience. The court set rules for access to confidential information, including access for named party representatives and their teams, with responsibility for maintaining confidentiality. |
| 2024-08-06 | APL_21602/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Procedural only | Order from the Court of Appeal (UPC_CoA_183/2024) addressing service of a Statement of Claim on defendants based in China and Taiwan. The Court held that a group company in a Contracting Member State cannot automatically be used to serve Chinese or Taiwanese parent companies; Hague Convention procedures must normally be attempted first for China, and diplomatic/consular channels for Taiwan, before alternative methods are permitted. |
| 2024-08-06 | APL_24585/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Dismissed | Court of Appeal upheld Hamburg Local Division's refusal to allow service of a statement of claim on Chinese Xiaomi entities (Xiaomi Communications Co. Ltd. and Xiaomi Inc.) via their German/Dutch group companies in Nera Innovations Ltd. v. Xiaomi entities (EP 2 642 632). The court held: (1) service on a Chinese-domiciled defendant cannot be made via a group company in a contracting member state without more, because the corporate separation principle applies; (2) service must first be attempted via the Hague Service Convention (R. 274.1(a)(ii) RoP); (3) alternative service (R. 274.1(b), R. 275 RoP) is available only after Hague Convention attempts. |
| 2024-08-06 | APL_10370/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Procedural only | The Court of Appeal (Panel 2) ruled on service of the statement of claim on Xiaomi defendants in China and Hong Kong in Panasonic Holdings Corporation v Xiaomi (UPC_CoA_86/2024, EP 2 207 270). The Court held that service on a Chinese or HK group company cannot automatically be effected through a related group company in a Contracting Member State — such a company cannot be treated as the registered office, head office, or principal place of business, nor as a permanent or temporary business establishment under R. 271.5(a) RoP. Service attempts in China via the Hague Service Convention must normally be made before alternative service methods or alternative locations under R. 275 RoP are permitted. |
| 2024-08-06 | UPC_CFI_327/2024 | The Hague LD | Generic application | — | Procedural only | The Hague Local Division issued a procedural order granting defendant Orbisk B.V. an extension to respond to Winnow Solutions Limited's evidence production request (R. 190 RoP) until 6 September 2024 (one week beyond the three-week period previously granted and the four-week extension Winnow agreed to), rather than allowing Orbisk to defer its response until its Statement of Defence on 27 September 2024. The extension was granted solely on account of the summer holiday period. |
| 2024-08-06 | UPC_CoA_205/2024 | Court of Appeal | Appeal RoP220.2 | — | Procedural only | Court of Appeal ruled on service of statement of claim on Chinese defendants. Held that a defendant company in China cannot, as a starting point, be served via a group company in a Contracting Member State. Attempts to serve via the Hague Convention must normally be made before alternative service methods are permitted. The appeal concerning service procedure was decided on its merits; no ruling on infringement. |
| 2024-08-06 | UPC_CoA_86/2024 | Court of Appeal | Appeal RoP220.2 | — | Procedural only | Court of Appeal ruled on service of statement of claim on defendants in China and Hong Kong. Held that Chinese and Hong Kong defendants cannot be served via group companies in Contracting Member States. Service via the Hague Convention must normally be attempted first before alternative methods under R.275 RoP are permitted. No ruling on infringement merits. |
| 2024-07-31 | ACT_547520/2023 | Munich LD | Infringement Action | Infringement merits | Revoked | Munich Local Division revoked DexCom's patent EP 3 350 592 (CGM system) in its entirety on Abbott's counterclaim for revocation, and dismissed all of DexCom's infringement claims. The patent was found invalid as granted and in its auxiliary request forms (1 and 2) for lack of novelty/inventive step. DexCom was ordered to bear all costs of the proceedings. |
| 2024-07-31 | UPC_CFI_195/2024 | The Hague LD | Application for provisional measures | — | PI granted | The Hague Local Division granted a preliminary injunction against the defendant prohibiting direct infringement of EP 1 993 350 B2 (relating to a hybrid Agaricus bisporus mushroom strain) in the Netherlands, Germany, France and Italy. The court held that the mushroom strain was not excluded from patentability under Art. 53(b) EPC and found a prima facie case of infringement. The defendant was ordered to deliver up infringing Cayene mushroom strains, provide customer information, pay an interim award of EUR 11,000 in costs, and penalties of up to EUR 50,000 per day for non-compliance. The injunction was made conditional on Amycel providing security of EUR 200,000. |
| 2024-07-30 | UPC_CoA_402/2024 | Court of Appeal | Generic application | — | Procedural only | Procedural order from the Court of Appeal dated 30 July 2024 rejecting Alexion Pharmaceuticals' request for expedition of its appeal against the Hamburg Local Division's dismissal of its preliminary injunction application against Samsung Bioepis NL B.V. The CoA found the circumstances were not sufficiently urgent to outweigh Samsung's interest in the standard 15-day response period, noting that the appeal concerned a purely legal issue was insufficient justification, and that Alexion had not used the full time period available to it. |
| 2024-07-29 | ACT_555899/2023 | Paris CD | Revocation Action | Revocation merits | Patent amended | The Paris Central Division rejected the revocation action filed by BITZER Electronics A/S against EP 3 414 708 (claim 1), maintaining claim 1 as amended by auxiliary request II submitted during the proceedings; costs were borne 60% by the claimant and 40% by the defendant. |
| 2024-07-29 | UPC_CoA_69/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Dismissed | Court of Appeal rejected NEC's appeal against the Munich Local Division's refusal to permit service on Chinese and Hong Kong TCL companies by email or by public notice. The CoA held that: (1) service by email to a person not authorised to accept service is invalid; (2) public service at a UPC Local Division is not yet permissible at that stage; (3) attempts at service via the Hague Convention must normally be exhausted before alternative methods are permitted. NEC's appeal was rejected. |
| 2024-07-29 | UPC_CFI_501/2023 | Munich LD | Infringement Action | — | Procedural only | Munich Local Division issued a case management order fixing dates for the interim conference and oral hearing in this infringement action concerning heart valve technology, balancing the claimant's right to a hearing within one year of service with defendants' representative availability constraints. |
| 2024-07-26 | UPC_CFI_419/2023 | Paris LD | Generic Order | — | Settled | Decision on the merits issued by the Paris Local Division approving and ratifying a settlement agreement concluded between CANÈ S.p.A. and France Développement Électronique on 20 June 2024. The defendant did not contest infringement or validity. The court approved the settlement, set the dispute value at EUR 390,000, reduced court fees to EUR 4,400 (60% of the fixed fee), and ordered reimbursement of EUR 9,100 in advance court fees. Certain exhibits were excluded from the proceedings. |
| 2024-07-23 | APL_20002/2024 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | Procedural only | Order from the Court of Appeal (UPC_CoA_177/2024) on the disclosure of evidence obtained in preservation/inspection proceedings under Art. 60 UPCA. The Court held that an application for preservation of evidence necessarily implies a right to have the outcome disclosed to the applicant, but this right is not unconditional — the opposing party must be heard before disclosure, especially where the evidence may contain confidential information. The Court remanded the matter to ensure AWM and Schnell were given the opportunity to make a confidentiality request before Progress received the expert report. |
| 2024-07-23 | UPC_CFI_240/2023 | Milan LD | Generic Order | Procedural | Procedural only | Procedural order of the Milan Local Division (in Italian) in Oerlikon Textile v Himson Engineering (EP 2 145 848) granting Oerlikon's application for a confidentiality order under R. 262A RoP over financial information provided in reply to a R. 158 RoP request. The court constituted a confidentiality club comprising only legal representatives of Himson (not the party itself), consistent with the financial sensitivity of the documents. |
| 2024-07-23 | UPC_CFI_75/2023 | Munich CD | Generic application | Procedural | Settled | Order from the Munich Central Division (Section) dated 23 July 2024 disposing of two revocation actions brought by Astellas Institute for Regenerative Medicine against Healios K.K., Riken and Osaka University. Both parties submitted a unanimous application under R. 360 RoP declaring that they concluded the actions by settlement and that the actions were devoid of purpose. The court held that parties may settle without seeking a confirmatory court decision under R. 365 RoP and declared the proceedings closed. A 20% reimbursement of court fees was granted under R. 370.9(c) RoP. Headnotes clarify that settlement-based closures are not limited to the formal R. 365 confirmation procedure. |
| 2024-07-19 | ACT_551308/2023 | Paris CD | Revocation Action | Revocation merits | Patent amended | The Paris Central Division rejected the revocation actions filed by Meril Italy Srl and Meril GmbH/Meril Life Sciences Pvt Ltd against EP 3 646 825, maintaining the patent in amended form as per auxiliary request II submitted during the proceedings; costs were split 60% (claimants/counterclaimants) and 40% (defendant). |
| 2024-07-19 | CC_585030/2023 | Paris CD | Counterclaim for revocation | Revocation merits | Patent amended | Decision of the Paris Central Division rejecting the revocation action by Meril Italy Srl and the counterclaims for revocation by Meril GmbH and Meril Life Sciences Pvt Ltd against Edwards Lifesciences Corporation's EP 3 646 825 (prosthetic heart valve). The patent is maintained as amended in auxiliary request II, which limits claims to a frame made up entirely of hexagonal cells. The revocation claimants (60%) and defendant (40%) share costs. |
| 2024-07-19 | CC_584916/2023 | Paris CD | Counterclaim for revocation | Revocation merits | Patent amended | The Central Division (Paris) maintained Edwards Lifesciences' EP 3 646 825 (prosthetic heart valve) in amended form (Auxiliary Request II) following revocation actions and counterclaims by Meril entities. All invalidity grounds against the amended claims were rejected. |
| 2024-07-16 | CC_586764/2023 | Munich CD | Counterclaim for revocation | Revocation merits | Revoked | The patent EP 3 666 797 B1 was revoked in its entirety for all Contracting Member States in which revocation was requested. The Main Request and all 17 Auxiliary Requests were found to lack inventive step. The defendant (patent proprietor Amgen) was ordered to bear the claimant's legal costs, agreed at EUR 1.375 million. |
| 2024-07-16 | UPC_CFI_1/2023 | Munich CD | Revocation Action | Revocation merits | Revoked | The Munich Central Division (UPC's first-ever revocation case) revoked European patent EP 3 666 797 B1 (relating to an anti-PCSK9 antibody composition for treating hypercholesterolaemia, owned by Amgen) in its entirety for the territories of 17 UPC Contracting Member States. The patent was found to lack inventive step. All 17 auxiliary requests were also found to lack inventive step. Amgen (defendant/patent proprietor) was ordered to bear Sanofi's legal costs of EUR 1,375,000. |
| 2024-07-12 | UPC_CFI_363/2023 | Dusseldorf LD | Generic application | motionName.jurisdictional | Procedural only | Procedural order on a request for court-provided simultaneous interpretation. The court held that where a party's representatives master one of the permitted languages of the local division, court-provided interpretation is not available merely because the claimant chose a different permitted language in which those representatives are less proficient. The party may arrange its own interpreter at its own cost. |
| 2024-07-11 | UPC_CFI_181/2023 | Munich LD | Infringement Action | Infringement merits | Settled | The Munich Local Division confirmed the withdrawal of KraussMaffei Extrusion GmbH's infringement action against Troester GmbH & Co. KG concerning EP 3 221 117, following an out-of-court settlement reached by the parties after the oral hearing of 16 April 2024. The court also ordered partial reimbursement of court fees. |
| 2024-07-09 | UPC_CFI_210/2023 | Mannheim LD | Generic application | Procedural | Procedural only | Mannheim Local Division granted an extension of deadlines for the defendants' submissions on FRAND aspects until 14 August 2024, following the conclusion of confidentiality proceedings. The extension was granted as necessary to allow for complete submissions on FRAND-related material, while taking into account that the parties were already familiar with the documents from parallel national proceedings. |
| 2024-07-07 | UPC_CoA_301/2024 | Court of Appeal | Generic application | — | Procedural only | The Court of Appeal Panel 2 issued a procedural order in the appeal by ICPillar LLC against an ARM-group request for security for costs (R. 158 RoP) granted by the Paris Local Division. The order addressed a technical problem with CMS notification and ICPillar's R. 262A confidentiality application submitted alongside its statement of appeal, dealing with service and procedural steps only. |
| 2024-07-04 | UPC_CFI_230/2023 | Paris LD | Generic Order | Infringement merits | Revoked | Decision on the merits by Paris Local Division (4 July 2024). EP 3 435 866 B1 (analyte monitoring / continuous glucose monitoring system) was entirely revoked for lack of inventive step; auxiliary requests 1 and 2 were also invalid (added subject-matter). DexCom's infringement action was dismissed in full. DexCom was ordered to bear costs. The court addressed jurisdiction on the revocation counterclaim, the carve-out under Art. 83 UPCA, claim interpretation, novelty and inventiveness. |
| 2024-07-03 | ACT_459767/2023 | Dusseldorf LD | Infringement Action | Infringement merits | Infringed | Decision of the Düsseldorf Local Division finding infringement of EP 3 375 337 B1 by Bette GmbH & Co. KG in an action by Franz Kaldewei GmbH & Co. KG concerning bathroom basin technology. The defendant was ordered to cease and desist, recall and remove products from distribution channels, and pay EUR 10,000 as a provisional award of damages with a declaration of further damages liability. The revocation counterclaim was partially successful (50% costs for revocation). Key holdings address prior use rights under Art. 28 UPCA (must be proven country by country), the scope of the information right under Art. 68 UPCA, and the concept of permanent removal from distribution channels as distinct from recall. |
| 2024-06-27 | UPC_CFI_457/2023 | Dusseldorf LD | Generic application | — | Procedural only | The Düsseldorf Local Division issued a procedural order in Dolby International's HEVC-SEP infringement action against HP entities concerning EP 3 490 258 B1. The order addressed an extension of time for Dolby's reply brief necessitated by a confidentiality protection application (R. 262A) over HP's FRAND licence negotiation submissions. The court held that where a R. 262A application temporarily prevents the claimant from consulting Access Advance (the pool administrator), a full time extension—not merely a partial one—may be granted where it does not prejudice the oral hearing date. |
| 2024-06-26 | UPC_CFI_123/2024 | Hamburg LD | Application for provisional measures | Preliminary injunction | PI denied | The Hamburg Local Division dismissed Alexion Pharmaceuticals' application for a preliminary injunction against Samsung Bioepis based on EP 3 167 888, finding that while direct infringement could be established, the court could not be sufficiently certain of the patent's validity given the EPO Technical Board of Appeal's history of rejecting correction requests for SEQ ID NO:4, and thus denied the measure. |
| 2024-06-26 | UPC_CFI_124/2024 | Hamburg LD | Application for provisional measures | Preliminary injunction | PI denied | The Hamburg Local Division dismissed Alexion Pharmaceuticals' application for a preliminary injunction against multiple Amgen entities based on EP 3 167 888, holding that while infringement could be established the court lacked sufficient certainty of patent validity given the EPO's repeated rejection of sequence correction attempts for SEQ ID NO:4. |
| 2024-06-21 | UPC_CoA_227/2024 | Court of Appeal | Appeal RoP220.2 | — | Procedural only | The Court of Appeal ruled on Mala Technologies Ltd.'s appeal against the Paris Central Division's order on a preliminary objection, and its associated request to stay first-instance proceedings pending appeal. The CoA held that a request to stay first-instance proceedings under R. 21.2 RoP must be 'reasoned' in the written statement; submissions first made at an interim conference cannot substitute for that written reasoning. Mala's request to stay was accordingly rejected. The order also summoned the parties to an oral hearing by videoconference. |
| 2024-06-20 | UPC_CoA_234/2024 | Court of Appeal | Application RoP262A | — | Procedural only | Court of Appeal ruled that a confidentiality order (R.262A RoP) issued by the Court of First Instance continues to apply in appeal proceedings without the need for a new order. The Registry was instructed to grant access to unredacted statements only to persons named in the original CFI confidentiality order. |
| 2024-06-20 | UPC_CoA_234/2024 | Court of Appeal | Application RoP262A | — | Procedural only | The Court of Appeal ruled that a non-appealed confidentiality order (Rule 262A RoP) made by the Court of First Instance continues to apply in appeal proceedings. No new Rule 262A order is required where the same already-protected information appears in another document lodged in the appeal. |
| 2024-06-19 | ACT_14944/2024 | The Hague LD | Application for provisional measures | Preliminary injunction | PI granted | The Local Division The Hague granted Abbott Diabetes Care a preliminary injunction against Sibio Technology and Umedwings for infringement of a patent relating to a continuous glucose monitoring device (GS1), finding all conditions under R.211 RoP met and the balance of interests in Abbott's favour, as defendants had left the relevant markets. |
| 2024-06-19 | ACT_14945/2024 | The Hague LD | Application for provisional measures | Preliminary injunction | PI denied | Application for a preliminary injunction by Abbott Diabetes Care Inc. against Sibio Technology Limited and Umedwings Netherlands B.V. concerning EP 3 831 283 (wearable glucose monitoring device) was denied by The Hague Local Division. The court found it more likely than not that claim 1 of the patent would be held invalid for added matter (the claimed feature of a connector support being received through a distal-facing opening into a recess was not directly and unambiguously derivable from the application as filed). As a result, Abbott must bear defendants' costs. Value of the action set at EUR 4,000,000. |
| 2024-06-17 | UPC_CoA_221/2024 | Court of Appeal | Generic application | — | Procedural only | The Court of Appeal ruled on Audi AG's request to file additional written pleadings (R. 36 RoP) in an appeal against a first-instance order denying Audi's application for security for costs (R. 158 RoP) in infringement proceedings brought against it by Network System Technologies LLC. The CoA held that R. 101-110 apply mutatis mutandis in appeal proceedings, and that R. 35 and R. 36 are therefore applicable on appeal. The Court granted Audi's request to submit a brief reply to correct facts stated by NST in its response. |
| 2024-06-16 | UPC_CFI_201/2024 | Munich LD | Generic Order | — | Procedural only | The Munich Local Division granted a confidentiality protection order under Rule 262A RoP for documents in provisional measures proceedings, covering information in Confidential Exhibits SA-1 and SA-9 submitted by the defendants (Sumi Agro). The claimant (Syngenta) did not formally object. The order was issued in a new workflow due to a CMS malfunction in the original application. |
| 2024-06-06 | ACT_549585/2023 | Milan LD | Infringement Action | Procedural | Procedural only | Procedural order in infringement proceedings by Oerlikon Textile GmbH & Co. KG against Bhagat Textile Engineers (Milan Local Division). The judge-rapporteur set the provisional value of the case at EUR 750,000 for purposes of recoverable costs ceiling. Access to expert report obtained via preservation-of-evidence order was granted to both parties. Deadlines were set for submission of additional documents and a case summary ahead of the oral hearing scheduled for 27 September 2024. |
| 2024-06-04 | APL_9578/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Dismissed | Court of Appeal (4 June 2024) rejected Neo Wireless's appeal and confirmed that the opt-out filed by Neo Wireless LLC (USA) for all EPC states was invalid because it was not filed on behalf of all proprietors of all national parts of the patent (Neo Wireless GmbH & Co. KG held the German part). Art. 83(3) UPCA requires all proprietors of all national parts to lodge or authorise an opt-out. |
| 2024-06-03 | ACT_16267/2024 | Hamburg LD | Application for provisional measures | Preliminary injunction | PI denied | Hamburg Local Division dismissed Ballinno B.V.'s application for provisional measures (preliminary injunction) against UEFA, Kinexon GmbH and Kinexon Sports & Media GmbH in connection with EP 1 944 067 (method for detecting offside situations in football). The application was dismissed on urgency grounds: Ballinno had waited almost three months after acquiring knowledge of the alleged infringement before taking decisive investigative steps, which was incompatible with the urgency requirement under Art. 62(2) UPCA. Ballinno was ordered to pay costs including those of the protective letter. |
| 2024-05-28 | APL_3507/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Procedural only | Order from the Court of Appeal (UPC_CoA_22/2024) dismissing Carrier Corporation's appeal against the Court of First Instance's refusal to stay revocation proceedings pending EPO opposition proceedings concerning BITZER Electronics' patent. The Court laid down key principles: UPC will generally not stay proceedings; the mere existence of parallel EPO opposition proceedings is insufficient to justify a stay; and a stay is only justified where a rapid EPO decision may be expected (R. 295(a) RoP). No rapid EPO decision was expected in this case, as the UPC hearing was scheduled for June 2024 and the EPO oral hearing for October 2024. |
| 2024-05-27 | UPC_CFI_498/2023 | Munich LD | Generic application | — | Procedural only | Procedural order setting the deadline for Defendants 1, 3, 4, and 6 (TCL entities) to file their Statement of Defence. The court declined to shorten the deadline as requested by Claimant NEC Corporation and set a joint deadline of 8 July 2024 for all defendants. |
| 2024-05-22 | UPC_APP_27157/2024 | Court of Appeal | Application for an Order for expedition of an appeal (RoP225(e)) | motionName.appeal_decision | Dismissed | The Court of Appeal rejected Texas Instruments' request to expedite appeal proceedings against a Munich Local Division order that had dismissed their application for security for costs, finding the request too unspecified and insufficiently substantiated. |
| 2024-05-22 | UPC_APP_27159/2024 | Court of Appeal | Application for an Order for expedition of an appeal (RoP225(e)) | motionName.appeal_decision | Procedural only | Court of Appeal rejected Texas Instruments' application for expedition of an appeal (Rule 225(e) and Rule 9.3(b) RoP) in UPC_CoA_225/2024, an appeal against a first-instance order dismissing security for costs applications. Texas Instruments failed to explain why there was a particular interest in shortening NST's 15-day response deadline, and the further request to shorten all future deadlines was too unspecified. |