UPClytics

Decisions

DateCaseDivisionActionMotionOutcomeSummary
2025-01-24UPC_APP_66588/2024Munich LDAmend DocumentProceduralProcedural onlyThe Munich Local Division issued a procedural order dealing with Samsung's application challenging Headwater Research's standing and patent ownership, and Headwater's applications to revoke earlier orders and amend its pleadings.
2025-01-23UPC_APP_2875/2025Munich LDGeneric applicationCostsProcedural onlyThe Munich Local Division dismissed Meril GmbH and Meril Life Sciences Pvt Ltd.'s application to partially stay cost-assessment proceedings pending the outcome of a Court of Appeal case, finding that R. 295(d) RoP allows only a full stay at the joint request of both parties and does not authorise a partial stay.
2025-01-23UPC_APP_2876/2025Munich LDGeneric applicationCostsProcedural onlyThe Munich Local Division ordered a stay of cost decision proceedings (App_66577/2024) and confidentiality protection proceedings (App_66581/2024) pending a decision by the Court of Appeal in APL_1926/2025, at the joint request of the parties. The stay did not extend to the costs of representation element of the cost application.
2025-01-23UPC_APP_3108/2025Munich LDGeneric applicationCostsProcedural onlyMunich Local Division procedural order (judge-rapporteur Dr. Zigann) granting Meril's application to extend the deadline for commenting on Edwards Lifesciences Corporation's costs application (App_66577/2024) until after the judge-rapporteur decides on Edwards's confidentiality application (App_66581/2024). The extension was granted under R. 9.3(a) RoP given the exceptional circumstances: Meril cannot properly assess the redacted cost application until confidentiality is resolved. This follows the final merits decision of 15 November 2024 in the main Edwards v. Meril infringement case (UPC_CFI_15/2023).
2025-01-23ORD_3866/2025Munich LDGeneric OrderCostsProcedural onlyMunich Local Division (Judge-rapporteur Dr. Zigann) issued a procedural order in the costs determination proceedings of Edwards Lifesciences v Meril (UPC_CFI_815/2024, infringement action previously resolved). The order invited Edwards to comment within 10 days on the proposed confidentiality arrangement (Rule 262A/262.2 RoP) for the costs application, indicating that Meril would likely be given unlimited access to the costs documents under Rule 262.2 RoP (protection against third parties only). Various stay applications were addressed in separate orders.
2025-01-22ORD_3577/2025Munich LDGeneric OrderProceduralProcedural onlyThe Munich Local Division issued a case-management order following a preliminary interim conference in Sanofi's infringement actions (four separate cases) against multiple generic-drug defendants (Accord, STADA, Dr. Reddy's, Zentiva), setting the value of infringement claims and counterclaims, directing Sanofi to remedy formal deficiencies in its pleadings, and waiving all other outstanding deadlines pending clarification.
2025-01-21UPC_APP_64021/2024Munich LDGeneric applicationProceduralProcedural onlyThe Local Division Munich held that where formal service of the provisional measures application under R.274 RoP was impossible, a subsequent decision by default need not be re-attempted under R.274 before proceeding to an order under R.275.2 RoP, in order to preserve the right to effective judicial protection.
2025-01-21UPC_APP_64978/2024Munich LDGeneric applicationProceduralProcedural onlyMunich Local Division order on service of a decision by default on a Chinese defendant (Guangzhou Aiyun Yanwu Technology) in provisional measures proceedings brought by air up group GmbH. Service under R. 274 RoP via the Hague Service Convention through Chinese authorities had failed after more than six months (Chinese authority seriously and definitively refusing to process the service). The court held that (1) service rules must be interpreted in accordance with effective legal protection principles, so it must always be possible to establish good service under R. 275.2 RoP; (2) where R. 274 service has failed for the original application, there is no need to attempt R. 274 service again for the subsequent default decision before ordering alternative service under R. 275.2 RoP.
2025-01-17UPC_APP_907/2025Munich LDApplication Rop305ProceduralProcedural onlyThe Munich Local Division issued a procedural order in multiple related infringement actions by Sanofi against various generic manufacturers (Accord, STADA, Dr. Reddy's, Zentiva) concerning EP 2 493 466. The order addressed the substitution of Sanofi Mature IP by Sanofi SA as new patent proprietor following Sanofi Mature IP's dissolution, and the consequential procedural steps under R. 310 RoP.
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.
2025-01-10UPC_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.
2025-01-09ORD_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.
2024-12-27UPC_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.
2024-12-12ORD_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.
2024-12-09UPC_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.
2024-11-15UPC_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.
2024-09-26UPC_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_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.
2024-09-09ORD_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.
2024-09-02UPC_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.
2024-08-06UPC_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.
2024-07-29ORD_43914/2024Munich LDGeneric OrderProceduralProcedural onlyThe Munich Local Division issued a procedural order concerning a stay of infringement proceedings in the Amgen v Sanofi/Regeneron case relating to EP3666797, in light of parallel EPO opposition proceedings and a separate revocation action filed by the defendants at the UPC Central Division.
2024-07-11UPC_APP_40022/2024Munich LDGeneric applicationCostsWithdrawnMunich Local Division accepted withdrawal of KraussMaffei Extrusion GmbH's infringement action against TROESTER GmbH & Co. KG (EP 3 221 117). The parties reached an out-of-court settlement notified on 9 July 2024. The hearing date of 3 September 2024 was vacated, withdrawal permitted, and proceedings declared closed. Claimant was entitled to a 20% refund of court fees under R. 370.9(b)(iii) RoP as the written procedure had not yet been completed at the time of withdrawal (the oral hearing had taken place but further submissions had been ordered).
2024-07-10UPC_APP_39247/2024Munich LDGeneric applicationProceduralProcedural onlyMunich Local Division procedural order granting OPPO's request for an extension of the deadline for filing its rejoinder (Duplik) in infringement proceedings concerning a telecommunications patent owned by Panasonic.
2024-07-06UPC_APP_15611/2024Munich LDApplication RoP262AProceduralProcedural onlyConfidentiality order (R. 262A RoP) by Munich Local Division in Panasonic v OPPO/OROPE proceedings concerning EP 3 024 163. The court granted a confidentiality regime for disputed documents, granting each side (claimant: 3 persons, defendants: 4 persons) access to confidential materials. The scope was aligned with the handling in parallel proceedings against Xiaomi.
2024-07-04UPC_APP_33754/2024Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division issued a procedural order resolving a dispute over the time limits for filing a rejoinder in the infringement action, ruling that the deadline for the rejoinder runs only from when the fully unredacted reply is served on the defendants.
2024-07-04UPC_APP_14324/2024Munich LDApplication RoP262AProceduralProcedural onlyMunich Local Division confidentiality order (R. 262A RoP) in Panasonic Holdings Corporation v. Xiaomi entities (EP 3 024 163). The application by Panasonic to classify certain commercial or technical information in the proceedings as confidential and restrict access was addressed. Given the multiple Xiaomi defendants from China, Germany, France, Italy and the Netherlands, the order structured access to confidential materials.
2024-06-16UPC_APP_30430/2024Munich LDApplication RoP262AProceduralProcedural onlyThe Munich Local Division judge-rapporteur granted Tesla's application for confidentiality protection under Rule 262A RoP, restricting access to internally designated confidential commercial information in Tesla's written submissions to named persons with legitimate interests.
2024-06-16UPC_APP_30430/2024Munich LDApplication RoP262AProceduralProcedural onlyMunich Local Division procedural order granting Tesla's application for confidentiality protection (R. 262A RoP) over internal company information contained in an additional written submission filed by Tesla outside the procedural timetable. The contested information (highlighted in grey) relates to intra-group corporate data. The order limits access to a maximum of three named, reliable persons on the claimant's side.
2024-06-12UPC_APP_34029/2024Munich LDGeneric applicationProceduralProcedural onlyThe Local Division Munich, in preliminary measures proceedings, granted a postponement of the oral hearing from 11 July to 12 July 2024 at the request of defendants whose counsel had a prior conflicting hearing, as the claimant ultimately agreed to the rescheduling.
2024-06-06UPC_APP_27571/2024Munich LDProcedural OrderProceduralProcedural onlyMunich Local Division procedural order on Tesla's R. 190.1 RoP request for production of board resolutions and power of attorney documents from Avago Technologies in infringement proceedings concerning EP 1 838 002. Tesla sought internal board resolutions authorising the transfer of patent title and granting of powers of attorney. The order addresses whether such internal corporate documents must be produced.
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