| 2023-12-05 | UPC_CFI_54/2023 | Hamburg LD | Infringement Action | Procedural | Procedural only | The Hamburg Local Division issued a further procedural order setting deadlines for Avago Technologies to file its reply and response to the invalidity counterclaim, after additional submissions regarding the start date of the reply deadline, in the infringement action against Tesla Germany GmbH and Tesla Manufacturing Brandenburg SE. |
| 2023-12-05 | UPC_CFI_2/2023 | Munich LD | Application for provisional measures | Procedural | Procedural only | The Munich Local Division imposed a penalty payment of EUR 100,000 on NanoString Technologies entities for non-compliance with a preliminary injunction under Article 62 UPCA, clarifying that no separate enforcement order is required under Article 82(4) UPCA and that national enforcement law requirements do not apply. |
| 2023-12-04 | UPC_APP_584786/2023 | Milan LD | Application RoP262.1 (b) | Procedural | Procedural only | The Milan Local Division granted a Rule 262.1(b) RoP request by an anonymous third-party applicant for public access to the case file in the evidence preservation proceedings (UPC_CFI_287/2023) concerning EP 2 726 230, involving Progress Maschinen & Automation AG, AWM S.R.L., and Schnell S.P.A. |
| 2023-12-04 | UPC_APP_584786/2023 | Milan LD | Application RoP262.1 (b) | Procedural | Procedural only | The Milan Local Division granted a Rule 262.1(b) RoP request by an anonymous third-party applicant for public access to the case file in the evidence preservation proceedings (UPC_CFI_287/2023) concerning EP 2 726 230 (duplicate of companion order). |
| 2023-12-04 | UPC_CFI_363/2023 | Dusseldorf LD | Infringement Action | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order under Rules 302.1 and 302.2 RoP concerning possible bifurcation or severance of issues in an infringement action by Seoul Viosys Co., Ltd. against expert e-Commerce GmbH and others, involving EP 3 926 698 B1 and EP 3 223 320 B1. |
| 2023-12-04 | UPC_CFI_220/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a further order in the consolidated Panasonic v. Xiaomi cases (UPC_CFI_213, 220, 224), granting deadline extensions for defendant groups and addressing service on foreign defendants including those domiciled in China and Hong Kong. |
| 2023-12-01 | UPC_CFI_7/2023 | Dusseldorf LD | Infringement Action | Procedural | Procedural only | The Düsseldorf Local Division decided under Rule 37.2 RoP to proceed with infringement and validity issues together (Article 33(3)(a) UPCA) in the patent dispute between Franz Kaldewei GmbH & Co. KG and Bette GmbH & Co. KG concerning EP 3 375 337 B1. |
| 2023-11-28 | UPC_CFI_54/2023 | Hamburg LD | Infringement Action | Procedural | Procedural only | The Hamburg Local Division issued a procedural order setting the deadline for Avago Technologies to file its reply to the statement of defence and its response to the invalidity counterclaim, taking into account the delayed receipt of the confidential defence version and aligning the two deadlines. |
| 2023-11-27 | UPC_CFI_220/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a provisional order in three consolidated infringement cases (UPC_CFI_213, 220, 224) by Panasonic against ten Xiaomi entities, granting deadline extensions for defendants 3-6, 9-10 to file their defence and addressing service questions concerning Xiaomi entities domiciled in China and Hong Kong. |
| 2023-11-22 | UPC_CFI_260/2023 | Dusseldorf LD | Procedural Order | Procedural | Procedural only | The Düsseldorf Local Division decided under Rule 37.2 RoP (before close of written proceedings) to proceed with both the infringement claim and the invalidity counterclaim together (Article 33(3)(a) UPCA), finding joint hearing efficient and beneficial given the moderate technical complexity and the overlap between the validity and infringement issues. |
| 2023-11-20 | UPC_CFI_80/2023 | Munich CD | Revocation Action | Procedural | Procedural only | The Munich Central Division refused a request by Healios K.K. and Osaka University to stay UPC revocation proceedings pending a decision by the EPO, finding no concrete near-future date for an EPO decision and holding that the interests of the parties must be weighed, with the claimant's interest in timely proceedings prevailing. |
| 2023-11-17 | UPC_CFI_274/2023 | Hamburg LD | Determination of damages and compensation | motionName.damages | Dismissed | The Hamburg Local Division dismissed Fives ECL's action for determination of damages based on a prior national court judgment (Landgericht Düsseldorf), holding that the UPC lacks jurisdiction under Article 32 UPCA to assess damages that were not preceded by a UPC infringement action; a national patent enforcement judgment cannot found UPC damages jurisdiction. |
| 2023-11-17 | UPC_CFI_80/2023 | Munich CD | Revocation Action | Procedural | Procedural only | The Munich Central Division issued an order on a Rule 262A application by Astellas Institute for Regenerative Medicine to restrict access to a confidential annex, addressing the scope of access permitted to named individuals at the defendant entities Healios K.K. and Osaka University in the revocation action concerning EP 3 056 564. |
| 2023-11-14 | UPC_CFI_397/2023 | Paris LD | Application for preserving evidence pursuant to RoP192 | Evidence | Procedural only | The Paris Local Division granted an ex parte order for preserving evidence against Novawell, allowing C-Kore Systems Limited to obtain a detailed description and seizure of the allegedly infringing SICOM product, which is alleged to reproduce the claims of EP 2 265 793 covering subsea test apparatus. |
| 2023-11-13 | UPC_CFI_255/2023 | Paris CD | Preliminary objection | motionName.jurisdictional | Procedural only | The Paris Central Division issued an order on a preliminary objection filed by Edwards Lifesciences Corporation challenging the competence of the Central Division to hear a revocation action by Meril Italy srl concerning EP 3 646 825, raising issues of same parties and Article 33(2) UPCA. |
| 2023-11-06 | UPC_APP_584588/2023 | Court of Appeal | Application Rop 223 | Procedural | Procedural only | Court of Appeal standing judge granted suspensive effect (6 November 2023) to Ocado Innovation Limited's appeal against a Nordic-Baltic Regional Division order granting a third party access to Ocado's statement of claim. The suspensive effect prevents access to the document pending adjudication of the appeal on the merits. |
| 2023-11-03 | UPC_CFI_14/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued an order regarding a change of language of proceedings from German to English in the infringement action by Amgen against Sanofi and Regeneron entities concerning EP 3 666 797. |
| 2023-11-03 | UPC_CFI_54/2023 | Hamburg LD | Infringement Action | Procedural | Procedural only | The Hamburg Local Division issued a final confidentiality order under Rule 262A RoP in Avago v. Tesla, defining the scope of protection for trade secrets and the category of persons permitted to access confidential information. |
| 2023-10-30 | UPC_CFI_252/2023 | Munich CD | Revocation Action | Procedural | Procedural only | The Munich Central Division ordered Harvard College (claimant/defendant in revocation action) to provide security for legal costs under Article 69(4) UPCA and Rule 158 RoP, finding legitimate concern about enforcement of a potential cost order against NanoString Technologies Europe (a UK-based entity) in light of a preliminary injunction already imposed. |
| 2023-10-27 | UPC_CFI_22/2023 | Hamburg LD | Infringement Action | Procedural | Procedural only | The Hamburg Local Division granted an extension of the deadline for Vizgen, Inc. to file its defence in an infringement action by 10x Genomics and Harvard College, citing delayed upload of statement of claim annexes by the claimants and a delayed CMS access for the defendant's representatives. |
| 2023-10-26 | UPC_CFI_357/2023 | Munich LD | Application for provisional measures | Preliminary injunction | Withdrawn | The Munich Local Division accepted the withdrawal of the application for provisional measures (anti-anti-suit injunction) filed on 5 October 2023 by 10x Genomics and Harvard College, and declared the proceedings terminated; court fees were to be borne by the applicants. |
| 2023-10-22 | UPC_APP_49415/2024 | Hamburg LD | Application Rop 333 | Procedural | Procedural only | Hamburg Local Division granted requests for production of documents under R.190/333 RoP in the context of an abuse of rights defence. The panel ordered claimants to produce specific internal documents relevant to an alleged abuse of rights objection raised by defendant Vizgen, including email correspondence and deposition transcripts from related US proceedings. |
| 2023-10-20 | UPC_CFI_214/2023 | Helsinki LD | Preliminary objection | motionName.jurisdictional | Procedural only | The Helsinki Local Division issued an order in a preliminary objection proceeding in an infringement action by AIM Sport Vision AG against Supponor entities; the decision text is largely redacted or not available in the excerpt. |
| 2023-10-18 | UPC_APP_552740/2023 | Dusseldorf LD | Generic application | Procedural | Procedural only | The Düsseldorf Local Division issued a final order imposing a penalty payment (Zwangsgeld) for non-compliance with a prior injunction order against Revolt Zycling AG, concerning EP 2 546 134 B1. The court set out principles for calculating penalty payments, including that the debtor's past conduct and willingness to comply are key factors. |
| 2023-10-18 | UPC_CFI_239/2023 | The Hague LD | Infringement Action | Procedural | Procedural only | The President of the Court of First Instance issued an order pursuant to Rule 323 RoP on the language of proceedings, in an infringement action by Plant-e Knowledge B.V. and Plant-e B.V. against Arkyne Technologies S.L., concerning EP 2 137 782 relating to a device for converting light energy into electrical energy. |
| 2023-10-17 | UPC_CFI_11/2023 | Nordic-Baltic RD | Infringement Action | Procedural | Procedural only | The Nordic-Baltic Regional Division partially granted a Rule 262.1(b) request for public access to pleadings and evidence, holding that under Article 45 UPCA written proceedings are in principle public, and that a credible explanation for why access is sought is sufficient unless confidentiality is necessary. |
| 2023-10-13 | UPC_CoA_320/2023 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Procedural only | The Court of Appeal (German language version) addressed the date of service of the Statement of claim and term extensions. The Court held: (1) A Statement of claim can be validly served even if annexes are not simultaneously uploaded, provided the statement alone enables the defendant to assert its rights. (2) If a claimant fails to upload annexes simultaneously with the Statement of claim contrary to R.13.2 RoP, this in itself constitutes sufficient grounds for a defendant's request for term extension (without regard to the nature or content of the annexes). (3) The extension must compensate for the period during which the annexes were unavailable. This is a duplicate/German language version of the same decision published in English (see final-order-appeal-572929-eng_0.pdf). |
| 2023-10-13 | UPC_CoA_320/2023 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Procedural only | The Court of Appeal (English language version) ruled on the date of service of the Statement of claim and term extensions for preliminary objection and statement of defence. Key holdings: (1) A Statement of claim can be validly served even without annexes, provided it enables the defendant to assert rights before the UPC courts. (2) Non-simultaneous upload of annexes contrary to R.13.2 RoP is itself sufficient for a defendant to request term extension, regardless of the content of the annexes. (3) The extension should equal the period during which annexes were unavailable after service. This is the English version of the same decision (see final-order-appeal-572929-002.pdf for German version). |
| 2023-10-11 | UPC_CFI_75/2023 | Munich CD | Revocation Action | Procedural | Procedural only | The Munich Central Division issued a Rule 9 RoP procedural order directing parties to use the CMS and designated workflows for all submissions, clarifying that system-generated notifications constitute electronic service under Rules 278.1 and 271.6 RoP, in the revocation action by Astellas. |
| 2023-10-11 | UPC_CFI_80/2023 | Munich CD | Revocation Action | Procedural | Procedural only | The Munich Central Division issued a Rule 9 RoP procedural order directing parties to use the CMS and designated workflows for all submissions and limiting external correspondence to a minimum, in the revocation action by Astellas against Healios K.K. and Osaka University. |
| 2023-10-06 | UPC_CFI_357/2023 | Munich LD | Application for provisional measures | Procedural | Procedural only | The Munich Local Division issued a provisional order in an application for provisional measures, serving a written procedure on NanoString Technologies Inc. in connection with a request by 10x Genomics and Harvard College for an anti-anti-suit/enforcement injunction (AASI/AAEI) to prevent NanoString from seeking a US anti-suit injunction against UPC proceedings. |
| 2023-10-04 | UPC_CFI_278/2023 | Hamburg LD | Infringement Action | Procedural | Procedural only | The Hamburg Local Division issued an order granting extension of deadlines for multiple defendants (Gucci entities) to file their defence, aligning deadlines and addressing the appointment of a common electronic service representative, in an infringement action involving Guccio Gucci S.p.A. and related entities. |
| 2023-10-04 | UPC_CFI_252/2023 | Munich CD | Revocation Action | Procedural | Procedural only | The Munich Central Division ordered that a preliminary objection based on Articles 29 and 30 Brussels Ibis Regulation (lis pendens / related actions) be dealt with in the main proceedings rather than separately, for reasons of procedural economy and efficiency under Rule 20.2 RoP. |
| 2023-10-04 | UPC_CFI_54/2023 | Hamburg LD | Infringement Action | Procedural | Procedural only | The Hamburg Local Division issued a provisional order restricting access to confidential information under Rule 262A RoP to the parties' legal representatives only, pending a final decision on the confidentiality application, in an infringement action by Avago Technologies against Tesla entities concerning EP 1 612 910. |
| 2023-10-03 | UPC_CFI_9/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a procedural order clarifying obligations to use CMS official workflows, including the Rule 262.2 workflow for confidentiality protection from third parties and the Rule 262A workflow for confidentiality between parties, in an infringement action by Huawei against Netgear. |
| 2023-09-29 | UPC_CFI_15/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a procedural order setting out requirements for using official CMS forms and workflows, and clarifying that a security for costs application under Rule 158.1 RoP requires demonstration that the opposing party's financial circumstances give reason to fear a cost order cannot be enforced. |
| 2023-09-27 | UPC_CFI_240/2023 | Milan LD | Infringement Action | Procedural | Procedural only | The Milan Local Division rejected a Rule 262.1(b) request for case file access filed by a lawyer claiming to represent Himson Engineering, holding that a lawyer who is party-affiliated (even without formal appearance) is not a 'third party' within the meaning of Rule 262.1(b) and cannot access the file before service is complete. |
| 2023-09-27 | UPC_CFI_5/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a procedural order regarding service of the statement of claim on defendants in an infringement action brought by Philips IP Ventures B.V. against Belkin entities and individual defendants. |
| 2023-09-27 | UPC_CFI_62/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a procedural order concerning service of the statement of claim on defendants in an infringement action brought by Koninklijke Philips N.V. against Belkin entities and individual defendants. |
| 2023-09-25 | UPC_CFI_286/2023 | Milan LD | Application for preserving evidence pursuant to RoP192 | Evidence | Procedural only | The Milan Local Division granted an ex parte order to inspect premises and preserve evidence against AWM S.R.L. and Schnell S.P.A., allowing Progress Maschinen & Automation AG to gather evidence of alleged infringement of EP 2 726 230, which covers a method and device for continuously producing a lattice girder. |
| 2023-09-22 | UPC_APP_559862/2023 | Dusseldorf LD | Application Rop 33 | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order in an infringement action concerning EP 2 359 858, involving service and scheduling matters between N.V. Nutricia and Nestlé Health Science (Deutschland) GmbH. |
| 2023-09-21 | UPC_CFI_329/2023 | Brussels LD | Application for preserving evidence pursuant to RoP192 | Evidence | Procedural only | The Brussels Local Division granted an ex parte order to preserve evidence and carry out a description under Rule 192 RoP, directed at OrthoApnea S.L., in respect of patent EP 2 331 036 covering a device for treating night-time breathing problems. No substantive infringement ruling was made. |
| 2023-09-21 | UPC_CFI_75/2023 | Munich CD | Revocation Action | Procedural | Procedural only | The Munich Central Division rejected a Rule 262.1(b) request for public access to written pleadings, holding that 'education and training' does not constitute a concrete and verifiable legitimate reason, and that there is no legal basis to grant access to a letter for service. |
| 2023-09-20 | UPC_CFI_1/2023 | Munich CD | Revocation Action | Revocation merits | Dismissed | The Munich Central Division rejected an anonymous individual's R. 262.1(b) RoP application for access to pleadings and evidence filed in Sanofi's revocation action against Amgen (EP patent, case UPC_CFI_1/2023), holding that a personal and professional interest in forming an opinion on patent validity is not a legitimate reason for granting third-party access to the case file. |
| 2023-09-19 | UPC_CFI_2/2023 | Munich LD | Application for provisional measures | Preliminary injunction | PI granted | The Munich Local Division granted provisional measures to 10x Genomics and President and Fellows of Harvard College against NanoString Technologies (EP 4 108 782 — spatial genomics), prohibiting NanoString from offering, selling or delivering MERSCOPE decoder probes, with penalty of up to EUR 250,000 per violation; the amount in dispute was set at EUR 7 million. |
| 2023-09-19 | UPC_CFI_2/2023 | Munich LD | Application for provisional measures | Preliminary injunction | PI granted | This is the German-language version of the same Munich Local Division provisional measures decision of 19 September 2023 (EP 4 108 782), granting provisional measures to 10x Genomics/Harvard College against NanoString Technologies with substantially identical operative provisions. |
| 2023-09-13 | UPC_CFI_182/2023 | Vienna LD | Application for provisional measures | Preliminary injunction | PI denied | The Vienna Local Division denied CUP&CINO's application for provisional measures against ALPINA COFFEE SYSTEMS GmbH (EP 3 398 487 B1 — milk foam device), finding no patent infringement because the attacked product did not implement the claimed pipe section feature, and ordering CUP&CINO to pay EUR 25,600 in final costs. |
| 2023-09-08 | UPC_CFI_11/2023 | Nordic-Baltic RD | Infringement Action | Procedural | Procedural only | The Nordic Baltic Regional Division issued a procedural order in OCADO's infringement proceedings against AUTOSTORE, addressing scheduling and related case management matters; the order is sparsely documented in the available excerpt. |
| 2023-08-29 | UPC_CFI_14/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division addressed pleading deadlines in Amgen v. Sanofi/Regeneron, ruling that a claim can be validly filed and served without exhibits (with later filing announced), and that the hearing right for late exhibits can be safeguarded by adjusting the timetable. |
| 2023-08-28 | UPC_CFI_249/2023 | Munich LD | Application for provisional measures | Procedural | Procedural only | The Munich Local Division scheduled an oral hearing for 10 October 2023 in provisional measures proceedings by Edwards Lifesciences against Meril GmbH (EP 3 763 331), setting timelines for responses to objections and arranging simultaneous interpretation. |