| 2025-03-03 | UPC_CoA_805/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Withdrawn | The Court of Appeal (Panel 1b: Grabinski, Gougé, Germano) permitted Curio Bioscience's withdrawal of its appeal (APL_65956/2024) against the Düsseldorf Local Division's order requiring Curio to provide security for costs of EUR 200,000 in the infringement action by 10x Genomics concerning EP 2 697 391. 10x Genomics did not object to the withdrawal. Proceedings declared closed; no cost decision needed. |
| 2025-02-24 | UPC_CoA_540/2024 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | PI denied | Court of Appeal rejected Biolitec's appeal against the Düsseldorf Local Division's refusal to grant a preliminary injunction. The CoA upheld the first-instance order, finding that Biolitec had not demonstrated the necessity of provisional measures: proceedings on the merits could be awaited; the status quo on the market had existed for years before the patent was granted; and Biolitec failed to demonstrate sufficient evidence of urgency regarding stocking or tender-related harm. Biolitec was ordered to bear the costs of the appeal proceedings. |
| 2025-02-24 | UPC_CoA_540/2024 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | PI denied | German-language signed version of the Court of Appeal order rejecting Biolitec's appeal in the provisional measures proceedings against Light Guide Optics and SIA LIGHTGUIDE International. Identical in substance to the English version: appeal rejected, Biolitec ordered to bear costs. The provisional injunction was denied because proceedings on the merits could be awaited and necessity was not demonstrated. |
| 2025-02-11 | UPC_CoA_563/2024 | Court of Appeal | Appeal RoP220.2 | motionName.appeal_decision | Dismissed | Court of Appeal rejected Suinno's appeal against a first-instance procedural order in the infringement action Suinno brought against Microsoft before the Paris Central Division. The appeal was rejected. |
| 2025-01-20 | UPC_CoA_835/2024 | Court of Appeal | Application RoP262A | — | Procedural only | Procedural order of the Court of Appeal dated 20 January 2025 on Amazon's R. 262A RoP application for confidentiality protection regarding Nokia's licensing and licence-agreement information disclosed in infringement proceedings (Nokia v. Amazon, UPC_CFI_399/2023). The CoA granted Amazon's request for confidentiality, ordering that certain grey-highlighted passages and 'strictly confidential' annexes regarding Nokia's licensee identities and licence agreement terms be restricted in access to designated persons only, beyond the CFI's existing classification. |
| 2024-12-23 | APL_67135/2024 | Court of Appeal | Request for a discretionary review (RoP 220.3) | motionName.appeal_decision | Procedural only | The Court of Appeal (standing judge) dismissed Microsoft Corporation's request for discretionary review (R. 220.3 RoP) of the Paris Central Division order granting Suinno leave to reduce its damages claim under R. 263 RoP (UPC_CFI_164/2024). The Court held that an unconditional application to reduce the amount of damages claimed constitutes a proper application under R. 263.3 RoP, and that the value of the action and fee determination is the responsibility of the judge-rapporteur during the interim procedure. |
| 2024-12-23 | UPC_CoA_826/2024 | Court of Appeal | Application RoP262A | — | Procedural only | The Court of Appeal granted Microsoft's application for confidentiality protection (Rule 262A RoP) of Exhibit BP 01 (a confidential global licence and settlement offer from Suinno) filed in a discretionary review application. The exhibit was ordered not to be made available to the public. |
| 2024-12-20 | APL_40470/2024 | Court of Appeal | Appeal RoP220.1 | motionName.appeal_decision | PI denied | The Court of Appeal dismissed Alexion's appeal against the Hamburg Local Division's refusal to grant provisional measures against Samsung Bioepis regarding patent EP 3167888. The Court addressed the interpretation of patent claims containing linguistic errors and the relevance of prosecution history. |
| 2024-12-17 | UPC_CoA_810/2024 | Court of Appeal | Application Rop 223 | — | Dismissed | The Court of Appeal (standing judge) dismissed Curio Bioscience Inc.'s application for suspensive effect (R. 223.4 RoP) of a Düsseldorf Local Division order requiring Curio to provide security for costs of EUR 200,000 in favour of claimant 10x Genomics Inc. The standing judge held that Curio had not established 'extreme urgency' as required under R. 223 RoP, which is a condition for a standing-judge decision without hearing the respondent. |
| 2024-12-10 | UPC_CoA_470/2023 | Court of Appeal | Appeal RoP220.2 | — | outcomeName.other | Order of the Court of Appeal dated 10 December 2024 setting aside the CFI order imposing penalty payments (Zwangsgelder) on NanoString for alleged violations of a preliminary injunction that had been previously revoked by the CoA. The CoA held that the revocation of a preliminary injunction under Art. 75(1) UPCA and R. 242.1 RoP is retroactive — the revoked order is treated as having never had legal effect. Consequently, any subsequent order imposing penalties based on the revoked injunction also lacks legal basis, even if it concerns alleged violations before the revocation. The CFI penalty order was set aside, 10x Genomics' applications were dismissed, 10x was ordered to bear all costs, and NanoString's payment made in compliance with the penalty order was to be reimbursed. |
| 2024-12-10 | UPC_CoA_470/2023 | Court of Appeal | Appeal RoP220.2 | — | outcomeName.other | The Court of Appeal revoked the Munich Local Division's order imposing penalty payments on NanoString for breach of a provisional injunction regarding EP 4 108 782, and rejected 10x's requests. The Court held that the Court of Appeal's earlier revocation (26 February 2024) of the provisional injunction order of 19 September 2023 had retroactive effect, meaning that the order was void ab initio and therefore could not serve as a valid legal basis for any penalty order, even for alleged breaches prior to the revocation. 10x was ordered to bear the costs of both instances and to reimburse the amount paid by NanoString. |
| 2024-10-15 | UPC_CoA_570/2024 | Court of Appeal | Request for a discretionary review (RoP 220.3) | — | Dismissed | Court of Appeal dismissed Microsoft's request for discretionary review (Rule 220.3 RoP) of the Paris Central Division's order refusing to declare Suinno's infringement action manifestly inadmissible under Rule 361 RoP on account of alleged lack of independence of Suinno's representative. The CoA held that the manifestly inadmissible threshold under Rule 361 RoP requires clear-cut cases without in-depth analysis, and that the CFI's refusal to find manifest inadmissibility was not an appropriate case for discretionary review. |