UPClytics

Decisions

DateCaseDivisionActionMotionOutcomeSummary
2025-06-03UPC_APP_20512/2025Mannheim LDNotice of intention to enforce (RoP118.8)EnforcementProcedural onlyOrder from the Mannheim Local Division (UPC_CFI_365/2023) on Fujifilm's notification of intention to enforce judgment (R. 118.8 RoP). Following a judgment of 2 April 2025 finding infringement of EP 3 511 174 by Kodak entities and ordering information disclosure, Fujifilm sought a warning that Kodak would face penalty payments of up to EUR 30,000 per day of non-compliance. The Court noted its prior decision reserving flexibility on penalties and addressed the enforcement procedure.
2025-06-03UPC_APP_21220/2025Munich LDGeneric applicationProceduralProcedural onlyMunich Local Division procedural order on Meril's applications (R. 353 RoP) for rectification of a decision of 4 April 2025 in infringement proceedings concerning a prosthetic heart valve patent (EP 3 669 828) between Edwards Lifesciences and Meril. Meril sought corrections to factual statements about which claims were alleged to be infringed (independent claims 1 and 12 vs. only claim 1 as independent). The order addresses the scope of rectification available under R. 353 RoP.
2025-06-03UPC_APP_23569/2025Munich LDApplication Rop313ProceduralProcedural onlyThe Munich Local Division granted the application by Shenzhen Dianming Technology Co., Ltd. to join UPC_CFI_245/2025 (SWARCO FUTURIT v Yunex GmbH, EP 2 643 717) as an intervener (Streithelferin) supporting the defendant. The Court also rejected Yunex's earlier application for intervention given it was superseded. Shenzhen Dianming was given 10 days to submit its intervention brief and to respond to the security for costs application.
2025-06-02UPC_APP_15203/2025Hamburg LDGeneric applicationProceduralProcedural onlyThe Hamburg Local Division granted reinstatement of the missed deadline (Wiedereinsetzung) to the claimant Lionra Technologies Ltd. for filing a cost-assessment application under R. 151 RoP, after a reliable employee in the representatives' office overlooked the deadline despite an adequate four-eyes monitoring system.
2025-06-02UPC_APP_25321/2025Milan LDGeneric applicationProceduralProcedural onlyThe Milan Local Division granted a joint request by Dainese S.p.A., Alpinestars S.p.A. and associated defendants to stay proceedings relating to EP 3 498 117 pending the outcome of EPO opposition proceedings, while continuing the proceedings in respect of EP 4 072 364, applying R. 295(d) RoP and Art. 43 UPCA.
2025-06-02UPC_APP_23446/2025Mannheim LDApplication RoP262AProceduralProcedural onlyThe Mannheim Local Division issued a procedural order under Rule 262A RoP granting protection to confidential business information that the defendants were ordered to provide to the claimant as part of an information disclosure order, while an appeal against that order was pending.
2025-06-02UPC_APP_23446/2025Mannheim LDApplication RoP262AProceduralProcedural onlyThe Mannheim Local Division considered defendants' application under Rule 262A RoP for confidential treatment of sales information provided in compliance with the court's earlier infringement decision, pending the Court of Appeal's decision on suspensive effect.
2025-06-02UPC_APP_24791/2025Dusseldorf LDApplication Rop 265ProceduralSettledThe Düsseldorf Local Division permitted Versah LLC's partial withdrawal of its patent infringement action against Adin Dental Implant Systems GmbH (Defendant 2) concerning EP3402420 following an out-of-court settlement, with each party bearing its own costs for the withdrawn part.
2025-05-30UPC_APP_57843/2024Hamburg LDGeneric applicationProceduralProcedural onlyFinal order of Hamburg Local Division in Visibly Inc. v Easee B.V. / Easee Holding B.V. / Yves Prevoo (EP 3 918 974) ordering the defendants (as counterclaimants for revocation) to provide joint security of EUR 75,000 for the claimant's legal costs, pursuant to Art. 69(4) UPCA and R. 158 RoP. The court held that Art. 69(4) UPCA does not oblige the defendant to provide security in the infringement action, but a claimant may request security from a defendant acting as counterclaimant in revocation proceedings.
2025-05-30UPC_CFI_407/2025Brussels LDApplication for preserving evidence pursuant to RoP192EvidenceoutcomeName.otherThe Brussels Local Division granted Genentech / Roche's ex parte applications for an order to preserve evidence (R. 192–198 RoP) and an order for inspection (R. 199 RoP) against Organon and Shanghai Henlius Biotech concerning EP 3 401 335 B1 (biological pharmaceutical patent). The orders were granted after an oral hearing on 23 May 2025. The order to preserve evidence required production of digital information; Organon NV and Organon Heist BV face a penalty of EUR 200,000 per hour for failure to cooperate. Costs are stayed pending the main proceedings.
2025-05-28UPC_APP_25220/2025Mannheim LDApplication Rop 265ProceduralSettledThe Mannheim Local Division accepted the withdrawal of the infringement action by MED-EL against Advanced Bionics following a settlement between the parties. The proceedings were declared closed; court fees were not refunded as exceptional circumstances under R.370.9(e) RoP applied.
2025-05-28ORD_25482/2025Munich LDGeneric OrderEvidenceProcedural onlyOrder of the Munich Local Division on a review (Rule 197.3 RoP) requested by ALD Vacuum Technologies GmbH of an ex-parte evidence preservation and inspection order made on 3 February 2025 in favour of Nanoval GmbH & Co. KG concerning EP 3 083 107. After an oral hearing, the panel reviewed whether the evidence preservation order should be upheld or annulled.
2025-05-28ORD_22456/2025Milan CDDecision By DefaultDefault judgmentInfringedDecision by Milan Central Division (UPC_CFI_597/2024, 22 July 2025) on EOFLOW's revocation action and Insulet's counterclaim for infringement of EP 4 201 327 (wearable insulin pump / patch pump). The court rejected EOFLOW's revocation action (patent upheld as valid) and found EOFLOW's EOPatch product infringed the patent. The court ordered an injunction across 16 UPC member states, product recall, removal from distribution channels, destruction, and full information obligations. The decision also addressed the decision-by-default procedure, patent lexicon interpretation, and the cap on recoverable costs in parallel proceedings.
2025-05-28UPC_APP_22758/2025Court of AppealApplication Rop 265ProceduralWithdrawnThe Court of Appeal permitted NanoString Technologies Europe Limited's withdrawal of the revocation action (UPC_CoA_808/2024 / ACT_551180/2023 / UPC_CFI_252/2023) against Harvard's EP 2 794 928, following NanoString's application filed on 14 May 2025. Harvard agreed to the withdrawal and did not oppose. The withdrawal was permitted as Harvard had no legitimate interest in the action being decided. No costs order was issued. The proceedings were declared closed.
2025-05-28UPC_APP_24663/2025Court of AppealGeneric applicationCostsCosts onlyThe Court of Appeal issued an order granting Harvard's application for reimbursement of 60% of the court fees paid for the appeal (UPC_CoA_808/2024) following NanoString's withdrawal of the revocation action. Harvard had paid the appeal court fees as appellant; NanoString had withdrawn the underlying action on 14 May 2025 before closure of the written procedure. The Court ordered reimbursement of 60% of Harvard's appeal court fees under R. 370.9(b)(i) RoP.
2025-05-26ORD_25044/2025Munich CDGeneric OrderProceduralProcedural onlyThe Munich Central Division issued a procedural order in revocation proceedings (EP 4 019 790) requiring the parties to upload written submissions in the patent amendment workflow, and granting Baussmann leave to file a further reply on the scope of the counterclaim and the patent amendment request.
2025-05-23UPC_APP_23301/2025Court of AppealApplication Rop 265ProceduralWithdrawnThe Court of Appeal permitted NJOY Netherlands B.V. to withdraw its appeal against a Paris Central Division decision dismissing its revocation action against Juul Labs. The proceedings were declared closed and the scheduled oral hearing cancelled. NJOY's application for reimbursement of court fees was also addressed. NJOY had limited its appeal to the issue of costs allocation in the revocation proceedings.
2025-05-22UPC_APP_18490/2025Mannheim LDApplication Rop 333ProceduralProcedural onlyThe Local Division Mannheim, on a R.333 RoP panel review, dismissed Total Semiconductor's request for a further written pleading (R.12.5, R.36 RoP), upholding the judge-rapporteur's earlier order because the claimant had failed to substantiate with sufficient particularity why an additional brief was necessary.
2025-05-21UPC_APP_16529/2025Dusseldorf LDGeneric applicationProceduralProcedural onlyThe Düsseldorf Local Division issued an order dealing with Siemens's request for security for costs against Hologic (claimant, domiciled in the US) in the infringement and revocation proceedings concerning EP 2 352 431. The court addressed the burden of proof on the requesting party to show that enforcement would be unduly burdensome, requiring evidence of both applicable foreign law and its practical application.
2025-05-21UPC_APP_21951/2025Court of AppealApplication Rop 223ProceduralDismissedCourt of Appeal (Panel 2) rejected Knaus Tabbert AG's application for suspensive effect (R. 223 RoP) pending appeal against a first-instance infringement decision in Yellow Sphere Innovations GmbH / Härtwich v. Knaus Tabbert (Düsseldorf Local Division, EP 3 356 109, vehicle frame with foam resin). The court held: (1) no obviously wrong application of law regarding infringement; (2) enforcement security was within the first-instance court's discretion and Knaus Tabbert failed to raise financial vulnerability of claimant in first instance; (3) the proportionality finding on recall, removal from channels of commerce and destruction was not evidently wrong; (4) the appeal would not become devoid of purpose if enforcement proceeded.
2025-05-21UPC_APP_21951/2025Court of AppealApplication Rop 223ProceduralInjunction deniedThe Court of Appeal denied Knaus Tabbert AG's application for suspensive effect of the Dusseldorf Local Division's order of 10 April 2025 (UPC_CFI_50/2024) granting Yellow Sphere and Härtwich an infringement injunction concerning EP 3 356 109 (vehicle frame). The Court found no manifest error in the first-instance decision and no risk of the appeal being rendered devoid of purpose by enforcement. Key headnote: security for enforcement is a discretionary power of the CFI; arguments about the claimant's financial situation cannot be raised for the first time before the Court of Appeal if they could have been raised at first instance.
2025-05-20UPC_APP_23079/2025Dusseldorf LDApplication RoP262AProceduralProcedural onlyProcedural order of Düsseldorf Local Division in Roche Diabetes Care / F. Hoffmann-La Roche v Tandem Diabetes Care / VitalAire / Rubin Medical and others (EP 1 970 677 B1) granting a confidentiality application under R. 262A RoP.
2025-05-20UPC_APP_23094/2025Court of AppealGeneric applicationmotionName.appeal_decisionProcedural onlyCourt of Appeal order on CHINT's application for suspensive effect of a first-instance order and expedition of appeal proceedings. JingAo had obtained an order from Munich Local Division requiring CHINT (and five other defendants) to provide security for costs of EUR 200,000. CHINT appealed and sought suspension of the security obligation and expedited review. The order addresses the conditions for granting suspensive effect and expedited proceedings on appeal.
2025-05-19UPC_APP_23057/2025Mannheim LDGeneric applicationProceduralProcedural onlyThe Mannheim Local Division issued a procedural order granting Malikie Innovations Ltd's and Discord's agreed request to harmonise the time periods for filing statements of defence for both Discord Inc. and Discord Netherlands B.V. in infringement proceedings concerning EP3716655, setting a uniform deadline of 2 July 2025.
2025-05-19UPC_CFI_342/2025Milan LDApplication for preserving evidence pursuant to RoP192EvidenceProcedural onlyThe Milan Local Division granted 3V Sigma S.p.A. an ex parte order for preservation of evidence against ACEF S.p.A. and ACEF S.r.l. concerning EP 3 275 872 and EP 3 275 426 (triazine UV stabilisers / cosmetic UV filter compositions).
2025-05-16UPC_APP_14117/2025Dusseldorf LDApplication RoP262AProceduralProcedural onlyDüsseldorf Local Division order (judge-rapporteur Dr. Thom) granting a confidentiality protection order (R. 262A RoP) in infringement proceedings by DDP Specialty Electronic Materials US LLC against Greenchemicals S.R.L. concerning EP 1 957 544. Specific financial information (paragraph 73 and Exhibit HL 15) is classified as confidential; access on the defendant's side limited to designated representatives and one named employee. The order includes standard obligations not to use or disclose outside proceedings.
2025-05-15ORD_22310/2025Milan CDGeneric OrderEvidenceProcedural onlyThe Milan Central Division ordered an on-site inspection at Maschio Gaspardo's premises (rather than at the court) for an agricultural tool used as the patented and allegedly infringing embodiment, as transporting the approximately 2-tonne subsoiler machine to court was impractical, relying on Art. 53(f) UPCA and R. 170 RoP.
2025-05-14UPC_APP_15688/2025Mannheim LDGeneric applicationProceduralProcedural onlyProcedural order from the Mannheim Local Division (UPC_CFI_414/2024) on Keysight's request to be heard on whether Centripetal's newly submitted arguments regarding 'Threat Simulator' and 'ThreatARMOR' constituted new attacked embodiments requiring leave to amend the case under R. 263 RoP. The Court deferred the final decision on leave to the full panel.
2025-05-14UPC_APP_18494/2025Mannheim LDAmend DocumentProceduralProcedural onlyProcedural order of Mannheim Local Division in Total Semiconductor LLC v Texas Instruments (EP 2 746 957) on claimant's application under R. 263 RoP for leave to amend the case to add the AM67x product as an attacked embodiment. The order addresses the parties' arguments on whether the amendment could have been made earlier.
2025-05-13UPC_APP_18695/2025Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division issued a confidentiality order under R. 262.2 and R. 262A RoP in Huawei's infringement action against MediaTek, classifying specified technical and commercial information in the statement of claim as confidential and restricting its use outside the proceedings.
2025-05-13UPC_APP_18691/2025Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division issued a procedural order granting Huawei's application for confidentiality protection under Rules 262.2 and 262A RoP for information in the statement of claim and exhibits marked as confidential in its infringement action against MediaTek concerning EP 3 905 840 B1.
2025-05-13UPC_APP_20955/2025Mannheim LDGeneric applicationProceduralProcedural onlyOrder of Mannheim Local Division in FUJIFILM v Kodak (EP 3 476 616) on FUJIFILM's application under R. 263 RoP for leave to amend its case. The order is a procedural decision addressing the amendment application shortly before the scheduled oral hearing of 13 May 2025.
2025-05-13UPC_APP_45185/2024Dusseldorf LDGeneric applicationCostsCosts onlyDüsseldorf Local Division determined costs in UPC_CFI_7/2023 (Franz Kaldewei GmbH & Co. KG v Bette GmbH & Co. KG, first-ever UPC decision on the merits). The court ordered Bette (the unsuccessful defendant) to reimburse Kaldewei EUR 84,950 in total costs, rejecting Bette's challenge to the reasonableness of the amount. The court noted the extra effort required for the first substantive UPC decision as a justification for higher costs.
2025-05-12ORD_60967/2024Court of AppealGeneric OrdermotionName.appeal_decisionCosts onlyOrder of the Court of Appeal in an appeal by Ballinno B.V. against an order for security for costs arising from provisional measures proceedings concerning EP 1 944 067 against UEFA, Kinexon Sports & Media GmbH, and Kinexon GmbH. Ballinno had withdrawn its requests for provisional measures because the UEFA Champions League final was over. The Court held that Ballinno must bear the costs of the proceedings as the losing party, since the action became devoid of purpose following its own withdrawal of main requests. The Court held that a party must accept the inherent risk in basing urgency on a single time-limited event.
2025-05-09UPC_APP_22060/2025Mannheim LDGeneric applicationProceduralProcedural onlyMannheim Local Division (9 May 2025) harmonised the time periods for all three ZTE defendants to file their statements of defence and counterclaims for revocation to a uniform deadline of 3 July 2025, accommodating varying service dates across the corporate group.
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.
2025-05-08ORD_10064/2025Munich LDGeneric OrderProceduralProcedural onlyThe Munich Local Division judge-rapporteur issued a comprehensive interim conference order in the Sanofi pharmaceutical infringement proceedings against multiple generic manufacturers, covering the substitution of Sanofi Mature IP by Sanofi SA, interim questions of invalidity (including admissibility of counterclaims and late-filed arguments), and procedural scheduling. The order provided preliminary guidance on damages calculation methodology and noted that the EPO Board of Appeal outcome would be relevant to further steps.
2025-05-08UPC_APP_17291/2025Munich LDGeneric applicationProceduralProcedural onlyLengthy procedural order from Munich Local Division in consolidated infringement proceedings by Sanofi entities against multiple generic pharmaceutical companies (Accord, STADA, Dr. Reddy's, Zentiva) concerning EP 2 493 466 (insulin glargine). The order (judge-rapporteur Zigann) addresses numerous procedural matters including damages assessment timing, stay pending EPO Board of Appeal proceedings, and schedule for further pleadings. No substantive ruling; oral hearing deferred to await EPO BoA outcome.
2025-05-08ORD_16127/2025Court of AppealGeneric OrdermotionName.jurisdictionalProcedural onlyCourt of Appeal order changing the language of appeal proceedings from Danish to English with the agreement of both parties under Art. 49(4) UPCA and R. 322 RoP. The underlying appeal concerned the Copenhagen Local Division's refusal to order respondents to pay periodic penalty payments for non-compliance with a prior injunction. The Court of Appeal agreed the language change was appropriate given the limited scope of the appeal and both parties understanding English, and addressed translation costs of existing pleadings.
2025-05-07UPC_APP_12517/2025Milan LDApplication Rop 265ProceduralWithdrawnDecision of the Milan Local Division permitting Telefonaktiebolaget LM Ericsson to withdraw its infringement action against Digital River Ireland Ltd. (which is in insolvency proceedings in Ireland), and permitting Digital River to withdraw its counterclaim for revocation. The Court ordered each party to bear its own costs for the infringement proceedings. Digital River was ordered to bear costs of the counterclaim proceedings and the stay application (EUR 5,500).
2025-05-07UPC_APP_12519/2025Milan LDApplication Rop 265ProceduralWithdrawnMilan Local Division (7 May 2025) allowed Ericsson's withdrawal of the infringement action against Digital River Ireland Ltd. (in insolvency) and Digital River's withdrawal of its counterclaim for revocation, while the proceedings continued against Asustek and Arvato. Each party bears its own costs in the withdrawal proceedings.
2025-05-06UPC_APP_18896/2025Dusseldorf LDApplication RoP262AProceduralProcedural onlyDüsseldorf Local Division procedural order extending the confidentiality regime previously established on 30 August 2024 (App_43001/2024) to cover the unredacted version of the Rejoinder to the Reply to the Defence regarding the application to amend the patent, in infringement proceedings by Ona Patents SL against Apple entities concerning EP 2 263 098. The order identifies specific information to be treated as confidential and restricts access to named representatives.
2025-05-05ORD_21186/2025Court of AppealDecision By DefaultDefault judgmentProcedural onlyThe Court of Appeal ruled on issues of public access to the register under R.262.1(b) RoP and clarified the legal framework for reasoned decisions and default decisions, holding that access to written pleadings should not be granted to unrepresented members of the public and that costs should not normally be awarded in R.262.1(b) proceedings.
2025-05-05ORD_21232/2025Court of AppealDecision By DefaultDefault judgmentProcedural onlyThe Court of Appeal addressed procedural issues in Meril Italy's appeal, ruling that a decision issued when the respondent was not properly represented constitutes a default decision subject to Rule 356.1 RoP, and that unrepresented public members may not be granted access to pleadings under Rule 262.1(b) RoP.
2025-05-05ORD_21240/2025Court of AppealDecision By DefaultDefault judgmentProcedural onlyDecision by the Court of Appeal (UPC_CoA_636/2024, 5 May 2025) setting aside a first-instance order that had granted a member of the public access to written pleadings under R. 262.1(b) RoP. The CoA held that public applicants for register access must be represented; an unrepresented person cannot validly lodge a statement of response; a reasoned decision under R. 235.3 RoP is effectively a default decision; and no costs should ordinarily be awarded in R. 262.1(b) proceedings.
2025-05-02UPC_APP_20487/2025Dusseldorf LDApplication Rop 365ProceduralSettledThe Düsseldorf Local Division confirmed, under R. 365(1) RoP, a settlement reached between claimant Evac Oy and defendants 4–6 (VD Solutions GmbH, Yong Cao, and Katharina Kiran Singh Kang) in the patent infringement proceedings; the case against defendants 1–3 continues.
2025-05-02UPC_CFI_131/2025Brussels LDApplication For CostsCostsCosts onlyProvisional Procedural Order IV in the costs proceedings brought by OrthoApnea S.L. and Vivisol B BV against an anonymised defendant. The Judge-Rapporteur suspended the costs proceedings pending the outcome of the defendant's appeal against the merits decision (UPC_CFI_376/2023 / UPC_CoA) on grounds of fairness, since the costs outcome depends on the appeal outcome.
2025-05-02UPC_CFI_131/2025Brussels LDApplication For CostsCostsCosts onlyThe Brussels Local Division (judge-rapporteur Samuel Granata, in Dutch) issued Provisional Procedural Order IV, suspending the costs proceedings (ACT_7974/2025, requesting EUR 92,814.62 in costs from the anonymised defendant) pending the Court of Appeal's decision on the merits of the underlying dispute. The order instructs the successful party to notify the judge-rapporteur of the outcome once the Court of Appeal has decided, so that a final costs decision can be rendered.
2025-05-01ORD_20781/2025Dusseldorf LDGeneric OrderProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order appointing a technically qualified judge (TQJ) under Art. 8(5) UPCA and Rule 34 RoP for the preliminary injunction proceedings in Aesculap AG's action against Shanghai International Holding Corporation GmbH.
2025-04-30UPC_APP_19228/2025Court of AppealGeneric applicationmotionName.appeal_decisionProcedural onlyCourt of Appeal (Panel 2) order staying appeal proceedings in a revocation action concerning EP 3 504 990 (a patent relating to nicotine/vaping products). The Central Division Paris had revoked the patent at first instance. Juul Labs appealed and applied for a stay pending parallel EPO opposition appeal proceedings (oral hearing scheduled for 14 November 2025). NJOY consented to the stay. The Court of Appeal granted the stay under R. 295(a) RoP / Art. 33(10) UPCA, finding that the EPO proceedings could be expected to conclude rapidly relative to the UPC's own timetable.
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