UPClytics

Decisions

DateCaseDivisionActionMotionOutcomeSummary
UPC_CFI_59/2025Costs onlyThe Munich Local Division ruled that the anti-anti-suit injunction application by Dolby International against Roku became moot after Roku voluntarily withdrew its US proceedings, declaring the application for provisional measures groundless and the earlier interim order void, with costs awarded against Roku.
UPC_CFI_755/2024PI grantedThe Munich Local Division granted Avago Technologies an anti-suit/anti-enforcement injunction preventing Realtek Semiconductor from pursuing an anti-enforcement injunction in US proceedings that would block Avago from enforcing EP 1 770 912 before UPC courts, holding the UPC has jurisdiction for such provisional measures under Art. 32(1)(a)(c) UPCA.
2025-10-07UPC_CFI_216/2024Brussels LDInfringement ActionInfringement meritsSettledThe Brussels Local Division confirmed the settlement (dadingsovereenkomst) between Cretes NV and Hyler BV in the infringement action and counterclaim for revocation proceedings, and ordered partial reimbursement of court fees under R. 370(9)(c) and (e) RoP.
2025-08-25UPC_APP_22894/2024Munich LDPreliminary objectionmotionName.jurisdictionalProcedural onlyThe Munich Local Division ruled that Qualcomm's preliminary objection challenging the validity of the withdrawal of an opt-out for EP 1 875 683 was inadmissible under Rule 19.1 RoP, and confirmed that the withdrawal of the opt-out was effective.
2025-08-25UPC_APP_22897/2024Munich LDPreliminary objectionmotionName.jurisdictionalDismissedPreliminary objection by Qualcomm entities (Qualcomm Incorporated, Qualcomm Technologies Inc., Qualcomm Germany GmbH) challenging jurisdiction dismissed by judge-rapporteur. Defendants argued that the withdrawal of the opt-out of EP 1 552 399 by a UPC representative (Ms Huang) was invalid for lack of power of attorney. The court held that a registered UPC representative (Art. 48 UPCA, R. 5.3(b)(i) RoP) does not need a written mandate for opt-out withdrawal; formal requirements were met and the patent falls within UPC jurisdiction. Appeal against this decision was not allowed.
2025-05-19UPC_CFI_58/2025Munich LDApplication for provisional measuresProceduralCosts onlyParallel Munich Local Division order to UPC_CFI_59/2025 in a related Dolby v Roku anti-anti-suit injunction application, also declaring the application moot after Roku's voluntary withdrawal, with costs awarded against Roku.
2025-05-19UPC_CFI_59/2025Munich LDApplication for provisional measuresPreliminary injunctionPI deniedThe Munich Local Division found the application for provisional measures by Sun Patent Trust (anti-anti-suit injunction / anti-anti-enforcement injunction against Roku) moot because Roku had already issued a cease-and-desist undertaking after the prior interim order of 28 January 2025; the application was rejected but costs were borne by Roku since it had given cause for the proceedings.
2025-04-01UPC_CFI_614/2024Munich LDApplication Rop 265SettledThe Munich Local Division confirmed withdrawal of Mann+Hummel GmbH's application for provisional measures against Sotras S.R.L. concerning EP 2 762 219 following an out-of-court settlement. The court declared the proceedings closed, agreed that no costs application would be made, and ordered 60% reimbursement of court fees to Mann+Hummel.
2024-12-09UPC_CFI_755/2024Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division issued a rectification order (R. 353 RoP) correcting a factual error in the anti-suit/anti-enforcement injunction order of 9 December 2024 against Realtek Semiconductor, clarifying language about the prior license agreement between Avago's predecessor and Realtek.