UPClytics

Decisions

DateCaseDivisionActionMotionOutcomeSummary
2025-01-14UPC_CFI_145/2024Munich LDApplication RoP262AProcedural onlyProcedural order from Munich Local Division dated 14 January 2025 regarding R. 262A RoP confidentiality applications filed by defendants (Accord Healthcare, Stada, Dr. Reddy's, Zentiva) in Sanofi's infringement actions concerning EP 2 493 466. The order defines which representative and company personnel on each defendant's side are permitted access to unredacted versions of confidential documents produced in the proceedings.
2025-01-13UPC_APP_1210/2025UnknownPreliminary injunctionSettledThe Munich Local Division issued a procedural order recording the settlement between the parties and permitting the withdrawal of Huawei's application for provisional measures against Netgear entities. The parties had reached an out-of-court settlement, agreed on costs (no court cost decision sought), and requested release of the EUR 3,000,000 security previously deposited.
2025-01-13UPC_CFI_298/2023Munich LDApplication Rop 333Procedural onlyMunich Local Division issued a revised order modifying a previous case management order (of 14 October 2024) to require claimant Harvard College to submit its auxiliary requests (in the application to amend the patent) within 20 days after the decision of the EPO Opposition Division, rather than at a fixed date, in light of a pending EPO opposition with oral proceedings scheduled.
2025-01-10UPC_APP_1411/2025Munich LDApplication Rop 265ProceduralWithdrawnThe Munich Local Division allowed Netgear's withdrawal of its declaration of non-infringement action (ACT_16294/2024) following agreement by the parties, declared the proceedings closed, ordered each party to bear its own costs, and directed reimbursement of 40% of Netgear's court fees.
2025-01-10UPC_APP_1208/2025Munich LDApplication Rop 265ProceduralWithdrawnThe Local Division Munich allowed the mutual withdrawal of Huawei's infringement action and Netgear's revocation counterclaims concerning EP 3 611 989 by consent of both parties, following a first-instance decision that had been issued but was not yet final; each party bears its own costs and court fees are not refunded.
2025-01-10UPC_APP_3187/2024Munich LDInfringement ActionProceduralCosts onlyThe Munich Local Division ruled on the costs assessment in the Edwards v Meril preliminary injunction proceedings, holding that recoverable costs and disbursements assessed in a costs determination are not subject to interest.
2025-01-10UPC_CFI_168/2024Munich LDApplication Rop 265WithdrawnInfringement action and counterclaim for revocation (including patent amendment applications) were both withdrawn by mutual agreement of the parties pursuant to Rule 265 RoP. Both parties bear their own costs. 40% of court fees refunded to each party. Oral hearing dates cancelled.
2025-01-09ORD_1358/2025Munich LDDecision By DefaultDefault judgmentPermanent injunctionDecision by default of the Munich Local Division against Guangzhou Aiyun Yanwu Technology Co., Ltd. (a Chinese company that failed to appear), granting air up group GmbH an injunction to cease and desist from offering, placing on the market, using, importing or storing a drinking device infringing EP 3 655 341 (claims 1, 2, 4, 10) throughout all UPC Member States. The defendant is also ordered to pay a penalty of up to EUR 100,000 per day for each infringement and costs of proceedings.
2025-01-09UPC_CFI_509/2023Munich LDDecision By DefaultInfringedDecision by default of Munich Local Division in air up group GmbH v Guangzhou Aiyun Yanwu Technology Co. Ltd. concerning EP 3 897 305 (drinking device with aroma). The defendant (Chinese company) failed to enter an appearance. The court found infringement and ordered: (A) cease and desist from offering, placing on the market, using, importing or storing the infringing drinking devices and aroma containers across all 17 UPC member states; (B) rendering of accounts; (C) damages; (D) recall, removal and destruction of infringing products; and penalty payments for non-compliance.
2025-01-07UPC_APP_54972/2024Munich LDApplication Rop305ProceduralProcedural onlyThe Munich Local Division judge-rapporteur issued a procedural order in the Sanofi pharmaceutical infringement actions (UPC_CFI_145-148/2024) granting the substitution of Sanofi-Aventis France by Sanofi Winthrop Industrie as a party following a corporate merger, under R. 310 RoP. The order addressed the allocation of court fees and costs between multiple claimant entities in relation to the French territory claims.
2025-01-07UPC_APP_159/2025Munich LDGeneric applicationProceduralProcedural onlyMunich Local Division procedural order staying both the infringement action (ACT_35930/2024) by Dyson against SharkNinja and the revocation counterclaim (CC_54802/2024) under R. 295(d) RoP, at the joint request of both parties who had agreed to a stay. Hearings scheduled for 8 May 2025 and 3 June 2025 were cancelled.
2025-01-02ORD_48265/2024Munich LDGeneric OrderProceduralProcedural onlyThe Munich Local Division ordered that the infringement action and the counterclaim for revocation (CC_20512/2024) be heard together before the Munich Local Division, and set dates for an interim conference and oral hearing.
2024-12-30UPC_CFI_168/2024Munich LDGeneric OrderProcedural onlyMunich Local Division issued a procedural order requesting the President of the Court of First Instance to reassign a new technically qualified judge to the panel, following the resignation of the previously assigned technically qualified judge Patrice Vidon.
2024-12-27UPC_APP_47098/2024Munich LDGeneric applicationProceduralProcedural onlyProcedural order in a declaration of non-infringement action granting Netgear's application to transfer a Qualcomm licence agreement (exhibit K68) from a related infringement case file into the present proceedings, subject to existing confidentiality conditions. The court also approved adding a technically qualified judge (Patrice Vidon) to both related proceedings for procedural economy.
2024-12-24UPC_APP_67908/2024Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division granted Snowpixie Co., Ltd.'s request for a two-day extension of time for filing the reply and counterclaim defence in infringement proceedings against Golf Tech Golfartikel Vertriebs GmbH, due to the illness of the sole handling attorney.
2024-12-24UPC_APP_67725/2024Munich LDApplication Rop 265ProceduralSettledThe Munich Local Division permitted the withdrawal of three infringement actions and related revocation counterclaims between Panasonic Holdings Corporation and multiple Xiaomi entities concerning EP2197132, EP3024163, and EP2584854 following a settlement, ordering 40% reimbursement of court fees as the withdrawals occurred after closure of the written procedure.
2024-12-24UPC_APP_67921/2024Munich LDGeneric applicationProceduralProcedural onlyProcedural order by Munich Local Division in Snowpixie v Golf Tech granting a very short extension of deadlines for submission of the reply brief and defence to counterclaim until 27 December 2024, due to illness of the representative, after an initial partial extension had already been granted.
2024-12-23UPC_APP_66647/2024Munich LDApplication Rop 265ProceduralWithdrawnMunich Local Division (23 December 2024) allowed Tesla's withdrawal of its costs assessment application following the CFI's revocation of EP 1 838 002, the parallel withdrawal of Avago's main infringement action (on appeal), and party agreement that each side bears its own costs.
2024-12-23UPC_APP_67435/2024Munich LDApplication Rop 265ProceduralSettledMunich Local Division (23 December 2024) allowed withdrawal of all three infringement actions and counterclaims for revocation brought by Panasonic against OPPO following a settlement agreement between the parties. Each party bears its own costs; partial reimbursement of court fees (40%) granted under R. 370.9(b)(ii) RoP.
2024-12-20ACT_597277/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a procedural order following the interim conference in the Edwards Lifesciences v. Meril infringement action, setting out preparation requirements for the oral hearing and granting leave to change the claim to include Romania following its accession to the Unitary Patent system.
2024-12-18ACT_459771/2023Munich LDInfringement ActionInfringement meritsPermanent injunctionThe Munich Local Division issued a landmark 161-page judgment in Huawei v Netgear finding infringement of Huawei's SEP portfolio patents and granting injunction, recall and destruction orders against Netgear entities across Belgium, Germany, Italy, Finland, France and Sweden, alongside a declaration of liability for damages; counterclaims for revocation were partially successful but did not defeat infringement for all claims.
2024-12-18ACT_459771/2023Munich LDInfringement ActionInfringement meritsPermanent injunctionThe Munich Local Division issued a landmark 161-page judgment in Huawei v Netgear finding infringement of Huawei's SEP portfolio patents and granting injunction, recall and destruction orders against Netgear entities across Belgium, Germany, Italy, Finland, France and Sweden, alongside a declaration of liability for damages; counterclaims for revocation were partially successful but did not defeat infringement for all claims.
2024-12-18UPC_CFI_390/2023Munich LDGeneric applicationCosts onlyOrder imposing penalty payments of EUR 46,000 against Belkin companies for non-compliance with the court's disclosure order (accounting for infringement) in Philips v Belkin. The penalty ran at EUR 500/day for 26 days. Remaining requests by Philips were rejected. Philips bears 25% of costs; Belkin bears 75%.
2024-12-12ORD_65555/2024Munich LDGeneric OrderPreliminary injunctionDismissedMunich 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.
2024-12-11ACT_65376/2024Munich LDApplication for provisional measuresPreliminary injunctionPI grantedThe Munich Local Division granted Huawei an anti-suit/anti-enforcement injunction ordering Netgear to withdraw its anti-enforcement injunction application before a US court (C.D. Cal.) that sought to prevent Huawei from enforcing its SEP patents (EP 3 611 989 and EP 3 678 321) before the UPC, holding that such foreign proceedings violate the EU Charter right to access to justice.
2024-12-09UPC_CFI_509/2023Munich LDGeneric applicationProcedural onlyMunich 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.
2024-12-02UPC_CFI_114/2024Munich LDApplication Rop 333ProceduralProcedural onlyProcedural order (in German) addressing multiple applications in the infringement action by Heraeus Electronics against Vibrantz GmbH (EP 3 215 288, metal sintering preparation). The panel reviewed: (1) rejection of amendment to include indirect infringement of process claim; (2) amendment to include Romania; (3) Vibrantz's application to expand invalidity counterclaim to Romania; (4) replacement of counter-defendant in revocation counterclaim; and (5) various other claimant applications.
2024-11-15ACT_459987/2023Munich LDInfringement ActionInfringement meritsInfringedMunich Local Division full merits decision finding that Meril Life Sciences Pvt Ltd and Meril GmbH infringed Edwards Lifesciences Corporation's patent EP 3 646 825 (a heart valve technology patent). The court ordered a permanent injunction to cease and desist from the infringing acts (transcatheter heart valve products) across all UPC contracting states where the patent has effect, recall of infringing products from commercial channels (excluding devices already scheduled for patient implantation by 15 November 2024), destruction of infringing stock, disclosure of information about distribution and quantities, publication of the decision, and an obligation to pay damages (quantum to be determined separately). The defendant's counterclaim for revocation was dismissed, the patent being upheld as valid. Costs were addressed separately.
2024-11-15UPC_APP_57746/2024Munich LDGeneric applicationProceduralProcedural onlyProcedural 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.
2024-11-15UPC_APP_56354/2024Munich LDGeneric applicationProceduralProcedural onlyProcedural 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.
2024-11-15UPC_APP_60393/2024Munich LDGeneric applicationProceduralProcedural onlyThe 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.
2024-11-14UPC_APP_43938/2024Munich LDApplication RoP262AProceduralProcedural onlyProcedural 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.
2024-11-12UPC_APP_40276/2024Munich LDProcedural OrderProceduralProcedural onlyThe 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.
2024-10-24UPC_APP_33127/2024Munich LDGeneric applicationCostsWithdrawnMunich Local Division decision following the applicant Tiroler Rohre GmbH's withdrawal of an application for provisional measures (R. 265 RoP) after the oral hearing and after the court had indicated concerns about granting the measures. The court dismissed the respondents' (SSAB) opposition to the withdrawal, holding that a legitimate interest in obtaining a substantive decision does not arise merely because the respondents incurred costs defending against the application, even where the applicant has announced forthcoming main proceedings on the same subject matter. The court also declined to order a preliminary costs decision in favour of respondents following withdrawal.
2024-10-11UPC_APP_3393/2024Munich LDProcedural OrderProceduralCosts onlyThe Munich Local Division issued a costs assessment order following provisional measures proceedings, determining recoverable legal costs for Hanshow's four defendant entities, finding a reasonable time expenditure of up to 150 hours per attorney and 40 hours per patent attorney, resulting in total assessed costs of approximately EUR 154,400.
2024-10-02UPC_CFI_54/2024Munich LDGeneric applicationProcedural onlyProcedural order on Samsung Electronics entities' application for security for costs (Rule 158 RoP) against Claimant Headwater Research LLC, a US-based patent assertion entity. Applying the CoA standard that the claimant's financial position must give rise to legitimate and real concern about recoverability of a potential cost order, the court assessed whether EUR 200,000 security was appropriate.
2024-09-26UPC_APP_31889/2024Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division judge-rapporteur referred to the full panel a request by Xiaomi (defendants) to stay the infringement proceedings pending a UK High Court FRAND determination. The judge-rapporteur determined that the stay application raised issues of principle best decided by the full panel, and that the matter should be addressed at or after the scheduled oral hearings in late 2024 / early 2025.
2024-09-25UPC_APP_48805/2024Munich LDPreliminary objectionmotionName.jurisdictionalDismissedThe Munich Local Division dismissed the request by Heraeus Precious Metals GmbH (co-claimant 2) to have Vibrantz's counterclaim for revocation rejected as obviously unfounded or inadmissible, holding that the counterclaim was properly directed against the registered patent proprietor.
2024-09-25UPC_APP_33728/2024Munich LDAmend DocumentProceduralProcedural onlyMunich Local Division procedural order (judge-rapporteur Dr. Zigann) in an infringement action by Heraeus Electronics GmbH & Co. KG and Heraeus Precious Metals GmbH & Co. KG against Vibrantz GmbH concerning EP 3 215 288 (sintering/bonding material technology). The order ruled on Heraeus's application under R. 263 VerfO to amend several claim requests, granting some amendments (including unconditional restriction of claims as to Germany to reflect a German Federal Patent Court judgment upholding a use claim) and addressing others on their merits. No costs decision at this stage.
2024-09-13ACT_583273/2023Munich LDInfringement ActionInfringement meritsInfringedMunich Local Division found Belkin GmbH, Belkin International Inc., and Belkin Limited liable for infringement of Philips' EP 2 867 997 B1 (wireless power transfer technology) and dismissed the counterclaims for revocation. An injunction was granted against Belkin's infringing acts outside Germany (German acts excluded due to opt-out/national proceedings). Defendants were ordered to provide information, recall products, pay EUR 119,000 interim damages, and cover approximately 5/6 of costs. The revocation counterclaims were dismissed. (German territorial acts were carved out from the injunction as a separate matter.)
2024-09-09ORD_50813/2024Munich LDGeneric OrderProceduralProcedural onlyThe Munich Local Division vacated its earlier order appointing a translation expert after the claimant confirmed that the parties agreed on the translation of the Chinese-language documents, rendering the expert appointment unnecessary.
2024-09-09UPC_APP_50655/2024Munich LDGeneric applicationProceduralProcedural onlyProcedural order from the Munich Local Division (UPC_CFI_5/2023) granting Philips' application to reschedule the oral hearing in the EP 2 372 863 infringement case from 11 September 2024 to 23 October 2024, at Philips' request and with defendants' consent, to accommodate the pending judgment in a parallel case concerning EP 2 867 997.
2024-09-06ACT_459987/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division judge-rapporteur issued a procedural order in Edwards Lifesciences v. Meril concerning EP 3 646 825, addressing defendants' arguments that the Central Division Paris first-instance decision on the patent amendment application had failed to consider key invalidity arguments. The judge-rapporteur referred the matter to the full panel, noting that the appeal proceedings before the Court of Appeal would address the alleged deficiencies in the Paris decision.
2024-09-02UPC_APP_33757/2024Munich LDApplication Rop305ProceduralProcedural onlyThe Munich Local Division considered Panasonic's application to extend the infringement action to add OTECH Germany GmbH as an additional defendant, with defendants opposing the late amendment request under Rule 305 RoP.
2024-08-30UPC_APP_31099/2024Munich LDHearingProceduralProcedural onlyThe Munich Local Division issued a procedural order in Huawei Technologies Co. Ltd v Netgear Deutschland GmbH and others (UPC_CFI_9/2024) concerning EP 3 611 989 (a Wi-Fi 6 related patent). The order follows the interim conference under R. 105.5 RoP and sets out procedural decisions and scheduling directions for the infringement action.
2024-08-30UPC_CFI_52/2023Munich LDInfringement ActionInfringement meritsNot infringedThe Munich Local Division found EP 1 838 002 B1 invalid (revoked for the territory of Germany) on the counterclaims for revocation filed by Tesla, finding the patent anticipated by prior art D3. The patent amendment requests were dismissed. The infringement action was dismissed as the patent lacks validity. Avago (claimant) bears all costs.
2024-08-27ACT_9216/2024Munich LDApplication for provisional measuresPreliminary injunctionPI grantedMunich Local Division granted a preliminary injunction (provisional measures) against Hand Held Products for indirect/contributory infringement of Scandit AG's barcode-scanning patent EP 3 866 051. The court found indirect infringement (mittelbare Patentverletzung) of claims 1 and 10 proved to the necessary standard and ordered Hand Held Products to cease and desist from offering/supplying the infringing SDK software in multiple UPC member states, subject to a periodic penalty of up to EUR 100,000 per day of non-compliance. The application for direct infringement was rejected. The injunction was conditioned on Scandit providing security of EUR 500,000. Cost applications by both parties were dismissed.
2024-08-27ACT_23636/2024Munich LDApplication for provisional measuresPreliminary injunctionPI grantedMunich Local Division granted a preliminary injunction (inter partes) against respondents ordering them to cease and desist from manufacturing, offering, placing on the market, using, exporting or possessing a herbicide composition (Kagura) infringing a patent with claims directed to a composition, across multiple UPC contracting states. The court held that for a product composition claim the applicant need only allege and prove the composition had all features of the claim; it is not required to explain why the composition had those features. Distributing infringing products outside contracting states while advertising under the same name inside creates a risk of first infringement. An actus contrarius is insufficient to eliminate such risk; a cease-and-desist declaration with penalty clause is required. Respondents may revoke the injunction if applicant does not commence main proceedings within 31 calendar days.
2024-08-06UPC_APP_25259/2024Munich LDAmend DocumentProceduralProcedural onlyProcedural order from Munich Local Division (full panel) in SEP/FRAND infringement proceedings concerning EP 3 780 758. Motorola Mobility LLC (claimant) applied for leave to amend its claim to add a request for an injunction. The order addresses whether Motorola could have made the amendment earlier with reasonable diligence. Application denied: the panel found no justification for the late amendment, as the relevant circumstances had been known to Motorola since at least December 2023. No ruling on patent infringement or validity.
2024-07-31ACT_547520/2023Munich LDInfringement ActionInfringement meritsRevokedMunich 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.
Page 3 of 5 · 233