| 2024-07-16 | CC_586764/2023 | Munich CD | Counterclaim for revocation | Revocation merits | Revoked | The patent EP 3 666 797 B1 was revoked in its entirety for all Contracting Member States in which revocation was requested. The Main Request and all 17 Auxiliary Requests were found to lack inventive step. The defendant (patent proprietor Amgen) was ordered to bear the claimant's legal costs, agreed at EUR 1.375 million. |
| 2024-07-16 | UPC_CFI_1/2023 | Munich CD | Revocation Action | Revocation merits | Revoked | The Munich Central Division (UPC's first-ever revocation case) revoked European patent EP 3 666 797 B1 (relating to an anti-PCSK9 antibody composition for treating hypercholesterolaemia, owned by Amgen) in its entirety for the territories of 17 UPC Contracting Member States. The patent was found to lack inventive step. All 17 auxiliary requests were also found to lack inventive step. Amgen (defendant/patent proprietor) was ordered to bear Sanofi's legal costs of EUR 1,375,000. |
| 2024-05-27 | UPC_CFI_498/2023 | Munich LD | Generic application | — | Procedural only | Procedural order setting the deadline for Defendants 1, 3, 4, and 6 (TCL entities) to file their Statement of Defence. The court declined to shorten the deadline as requested by Claimant NEC Corporation and set a joint deadline of 8 July 2024 for all defendants. |
| 2024-04-30 | UPC_CFI_463/2023 | Dusseldorf LD | Application for provisional measures | Preliminary injunction | PI granted | The Düsseldorf Local Division granted a preliminary injunction against Curio Bioscience Inc. prohibiting it from offering, marketing, using, importing or storing arrays for spatially localised nucleic acid detection in Germany, France and Sweden, finding prima facie infringement of EP 2 697 391 B1 (owned by 10x Genomics). Both parties were ordered to pay each other interim costs of EUR 100,000. The injunction was conditional on 10x Genomics providing security of EUR 2,000,000. 10x Genomics' application for security for costs from the defendant was rejected. |
| 2024-03-18 | UPC_CFI_75/2023 | Munich CD | Revocation Action | Procedural | Procedural only | The Munich Central Division judge-rapporteur issued an interim conference order (R. 105.5 RoP) in the revocation action brought by Astellas Institute against Healios, Riken, and Osaka University concerning EP 3 056 563. The order recorded decisions taken at the interim conference to prepare for the oral hearing, including procedural directions on evidence and scheduling. |
| 2024-03-18 | UPC_CFI_80/2023 | Munich CD | Revocation Action | Procedural | Procedural only | Order following the interim conference (R. 105.5 RoP) in the revocation action by Astellas Institute for Regenerative Medicine against Healios K.K. and Osaka University (EP 3 056 564) at the Munich Section of the Central Division. The court confirmed the oral hearing would proceed as planned and admitted a second expert declaration (D21) conditionally, giving the defendant limited time to reply. |
| 2024-02-24 | UPC_CFI_1/2023 | Munich CD | Revocation Action | Procedural | Procedural only | The Munich Central Division issued a procedural order combining two related revocation actions (Sanofi v Amgen and Regeneron v Amgen) into a single proceeding, admitted additional documents into evidence, rejected a request for an interim conference, and set the value of each action at EUR 100 million. |
| 2024-02-14 | UPC_CFI_463/2023 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order in 10x Genomics v. Curio Bioscience establishing a structured confidentiality protection procedure under Rule 262A RoP, clarifying the CMS workflow for trade secret protection and setting out the process for granting preliminary access restrictions before a final confidentiality order is made. |
| 2024-01-29 | UPC_CFI_463/2023 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order in the 10x Genomics v. Curio Bioscience provisional measures proceedings, deciding ex officio to appoint a technically qualified judge given the technical complexity of the patent (spatial transcriptomics), relying on Art. 8(5) UPCA even in the absence of an express provision for interim proceedings. |
| 2024-01-24 | UPC_CFI_1/2023 | Munich CD | Revocation Action | Procedural | Procedural only | The Munich Central Division judge-rapporteur issued a procedural order in the Sanofi v. Amgen revocation action, declining Sanofi's request to admit supplementary expert declarations filed in response to new points raised in Amgen's rejoinder, noting that the proper course was to raise the matter at the upcoming interim conference. |
| 2024-01-16 | UPC_CFI_373/2023 | Dusseldorf LD | Generic application | motionName.jurisdictional | Procedural only | The President of the Court of First Instance granted Aarke AB's application to change the language of the Düsseldorf infringement proceedings from German to English (the language in which EP1793917 was granted), finding a significant imbalance between the parties given Aarke's status as a smaller Swedish company and considerations of fair access to justice. |
| 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_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. |
| 2023-11-27 | 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_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. |
| 2023-10-30 | 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. |
| 2023-10-26 | 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. |
| 2023-10-11 | 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_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. |
| 2023-09-21 | 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. |
| 2023-08-24 | UPC_CFI_1/2023 | Munich CD | Preliminary objection | motionName.jurisdictional | Procedural only | The Central Division (Munich) rejected Amgen's preliminary objection challenging jurisdiction over Sanofi's revocation action, holding that the UPC Registry functions as a single receiving mailbox for the whole court and that the action was validly filed. |
| 2023-07-10 | UPC_CFI_2/2023 | Munich LD | Application for provisional measures | Procedural | Procedural only | The Munich Local Division granted a deadline extension in the 10x Genomics/Harvard v. NanoString preliminary injunction proceedings following a request by the respondent side. |
| 2023-07-06 | UPC_CFI_2/2023 | Munich LD | Application for provisional measures | Procedural | Procedural only | The Munich Local Division issued an order under Rule 7.1 RoP determining that translations of English-language exhibits were not required in the 10x Genomics/Harvard v. NanoString preliminary injunction proceedings. |
| 2023-07-03 | UPC_CFI_177/2023 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The Düsseldorf Local Division granted myStromer AG's application to add a certificate of service and deposit confirmation to the case file in the preliminary injunction proceedings against Revolt Zycling AG. |
| 2023-06-30 | UPC_CFI_177/2023 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The Düsseldorf Local Division issued a rectification order under Rule 353 RoP correcting the patent number cited in a prior preliminary injunction order in myStromer AG's action against Revolt Zycling AG (EP 2 546 134, not EP 2 456 134). |
| 2023-06-30 | UPC_CFI_2/2023 | Munich LD | Application for provisional measures | Procedural | Procedural only | The Munich Local Division issued a supplementary procedural order correcting an earlier scheduling order to require that the defence include the arguments from the protective brief (Schutzschrift) in German, the language of proceedings. |
| 2023-06-29 | UPC_CFI_1/2023 | Munich CD | Revocation Action | Procedural | Procedural only | The Central Division (Munich) issued a procedural order admitting Sanofi's supplementary exhibits to the Statement of Claim (filed via generic application) and confirming the date of service of the Statement for Revocation on Amgen. |
| 2023-06-23 | UPC_CFI_2/2023 | Munich LD | Application for provisional measures | Procedural | Procedural only | The Munich Local Division issued a scheduling and briefing order for the oral hearing in 10x Genomics and Harvard's preliminary injunction application against NanoString Technologies. |
| 2023-06-22 | UPC_CFI_177/2023 | Dusseldorf LD | Application for provisional measures | Preliminary injunction | PI granted | The Düsseldorf Local Division granted ex parte provisional measures (preliminary injunction) against Revolt Zycling AG restraining it from infringing EP 2 546 134 B1 (bicycle frame/motor hub combination) at the Eurobike 2023 trade fair, ordering EUR 500,000 security and penalty of up to EUR 250,000 per violation. |
| 2023-06-22 | UPC_CFI_177/2023 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The Düsseldorf Local Division issued a scheduling order in myStromer AG's application for provisional measures against Revolt Zycling AG, setting pleading deadlines for the preliminary injunction proceedings. |