UPClytics

Decisions

DateCaseDivisionActionMotionOutcomeSummary
2025-10-16UPC_CFI_564/2024Munich LDCounterclaim for revocationRevocation meritsWithdrawnThe Munich Local Division permitted the withdrawal of the defendants' counterclaim for revocation of EP 2 387 547 under R. 265.1 RoP, after the main infringement/revocation proceedings had already been decided on 22 August 2025 and within the appeal period, with no costs order by agreement of the parties.
2025-08-22UPC_CFI_248/2024Munich LDInfringement ActionPatent amendedMunich Local Division found infringement of EP 2 387 547 (water filter cartridge patent) in an amended form and issued a permanent injunction against the defendants (AQUASHIELD entities). The patent was maintained in an amended form pursuant to auxiliary requests. The Court also ordered disclosure of information and declared defendants liable for damages from 23 May 2019. The infringement claim was partly dismissed and costs split 50/50.
2025-04-23UPC_CFI_452/2024Nordic-Baltic RDApplication Rop 265WithdrawnThe Nordic-Baltic Regional Division declared proceedings closed following the mutual withdrawal of Viking Arm AS's infringement action and Stanley Black & Decker's counterclaim for revocation concerning EP 3 953 541. Both parties consented to each other's withdrawal and agreed that no cost decision was required.
2025-02-14APL_39664/2024Court of AppealAppeal RoP220.1motionName.appeal_decisionPI grantedCourt of Appeal Panel 2 set aside the The Hague Local Division's refusal to grant provisional measures, and granted a preliminary injunction in favour of Abbott Diabetes Care Inc. against Sibio Technology Limited and Umedwings Netherlands B.V. concerning EP 3 831 283 (continuous glucose monitoring device). The Court found the patent valid (overcoming added matter and other validity challenges) and likely infringed by Sibionics' GS1 Device. A general injunction was ordered against all infringing acts in UPC Contracting Member States. Sibionics was also ordered to provide origin/distribution chain information and to deliver up infringing products. Penalty payments of EUR 10,000 per infringing product or EUR 100,000 per day were imposed.
2025-01-27UPC_CFI_244/2024Munich LDGeneric OrderProcedural onlyThe Munich Local Division ordered a small company (claimant in infringement proceedings, Snowpixie Co., Ltd.) to provide security for costs under Rule 158 RoP based on its operating losses and insufficient assets. The court reduced the security amount to reflect equity principles ensuring effective access to justice. The court also denied legal aid (Prozesskostenhilfe) to the claimant, finding it had sufficient resources given it was supported by a litigation funder.
2025-01-27UPC_CFI_244/2024Munich LDGeneric OrderProcedural onlyProcedural order requiring SnowPixie Co., Ltd. (defendant/applicant) to provide security for costs pursuant to Rule 158 RoP, in an amount below the EUR 260,000 demanded by the opposing party (claimant), taking into account SnowPixie's status as a small enterprise and equity considerations. The application for legal aid (Prozesskostenhilfe) was rejected.
2024-08-19UPC_CoA_388/2024Court of AppealGeneric OrderProcedural onlyThe Court of Appeal partially granted Sibio's request for suspensive effect of their appeal, specifically to the extent that the first-instance provisional measures order erroneously covered Ireland (which had not ratified the UPCA and therefore was not a Contracting Member State). The erroneous extension to Ireland was identified as a manifest error.