| 2024-12-02 | UPC_CFI_114/2024 | Munich LD | Application Rop 333 | Procedural | Procedural only | Procedural order (in German) addressing multiple applications in the infringement action by Heraeus Electronics against Vibrantz GmbH (EP 3 215 288, metal sintering preparation). The panel reviewed: (1) rejection of amendment to include indirect infringement of process claim; (2) amendment to include Romania; (3) Vibrantz's application to expand invalidity counterclaim to Romania; (4) replacement of counter-defendant in revocation counterclaim; and (5) various other claimant applications. |
| 2024-11-15 | ACT_459987/2023 | Munich LD | Infringement Action | Infringement merits | Infringed | Munich Local Division full merits decision finding that Meril Life Sciences Pvt Ltd and Meril GmbH infringed Edwards Lifesciences Corporation's patent EP 3 646 825 (a heart valve technology patent). The court ordered a permanent injunction to cease and desist from the infringing acts (transcatheter heart valve products) across all UPC contracting states where the patent has effect, recall of infringing products from commercial channels (excluding devices already scheduled for patient implantation by 15 November 2024), destruction of infringing stock, disclosure of information about distribution and quantities, publication of the decision, and an obligation to pay damages (quantum to be determined separately). The defendant's counterclaim for revocation was dismissed, the patent being upheld as valid. Costs were addressed separately. |
| 2024-10-02 | UPC_CFI_54/2024 | Munich LD | Generic application | — | Procedural only | Procedural order on Samsung Electronics entities' application for security for costs (Rule 158 RoP) against Claimant Headwater Research LLC, a US-based patent assertion entity. Applying the CoA standard that the claimant's financial position must give rise to legitimate and real concern about recoverability of a potential cost order, the court assessed whether EUR 200,000 security was appropriate. |
| 2024-09-25 | UPC_APP_48805/2024 | Munich LD | Preliminary objection | motionName.jurisdictional | Dismissed | The Munich Local Division dismissed the request by Heraeus Precious Metals GmbH (co-claimant 2) to have Vibrantz's counterclaim for revocation rejected as obviously unfounded or inadmissible, holding that the counterclaim was properly directed against the registered patent proprietor. |
| 2024-09-13 | ACT_583273/2023 | Munich LD | Infringement Action | Infringement merits | Infringed | Munich Local Division found Belkin GmbH, Belkin International Inc., and Belkin Limited liable for infringement of Philips' EP 2 867 997 B1 (wireless power transfer technology) and dismissed the counterclaims for revocation. An injunction was granted against Belkin's infringing acts outside Germany (German acts excluded due to opt-out/national proceedings). Defendants were ordered to provide information, recall products, pay EUR 119,000 interim damages, and cover approximately 5/6 of costs. The revocation counterclaims were dismissed. (German territorial acts were carved out from the injunction as a separate matter.) |
| 2024-09-06 | ACT_459987/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division judge-rapporteur issued a procedural order in Edwards Lifesciences v. Meril concerning EP 3 646 825, addressing defendants' arguments that the Central Division Paris first-instance decision on the patent amendment application had failed to consider key invalidity arguments. The judge-rapporteur referred the matter to the full panel, noting that the appeal proceedings before the Court of Appeal would address the alleged deficiencies in the Paris decision. |
| 2024-08-30 | UPC_CFI_52/2023 | Munich LD | Infringement Action | Infringement merits | Not infringed | The Munich Local Division found EP 1 838 002 B1 invalid (revoked for the territory of Germany) on the counterclaims for revocation filed by Tesla, finding the patent anticipated by prior art D3. The patent amendment requests were dismissed. The infringement action was dismissed as the patent lacks validity. Avago (claimant) bears all costs. |
| 2024-08-27 | ACT_9216/2024 | Munich LD | Application for provisional measures | Preliminary injunction | PI granted | Munich Local Division granted a preliminary injunction (provisional measures) against Hand Held Products for indirect/contributory infringement of Scandit AG's barcode-scanning patent EP 3 866 051. The court found indirect infringement (mittelbare Patentverletzung) of claims 1 and 10 proved to the necessary standard and ordered Hand Held Products to cease and desist from offering/supplying the infringing SDK software in multiple UPC member states, subject to a periodic penalty of up to EUR 100,000 per day of non-compliance. The application for direct infringement was rejected. The injunction was conditioned on Scandit providing security of EUR 500,000. Cost applications by both parties were dismissed. |
| 2024-08-27 | ACT_23636/2024 | Munich LD | Application for provisional measures | Preliminary injunction | PI granted | Munich Local Division granted a preliminary injunction (inter partes) against respondents ordering them to cease and desist from manufacturing, offering, placing on the market, using, exporting or possessing a herbicide composition (Kagura) infringing a patent with claims directed to a composition, across multiple UPC contracting states. The court held that for a product composition claim the applicant need only allege and prove the composition had all features of the claim; it is not required to explain why the composition had those features. Distributing infringing products outside contracting states while advertising under the same name inside creates a risk of first infringement. An actus contrarius is insufficient to eliminate such risk; a cease-and-desist declaration with penalty clause is required. Respondents may revoke the injunction if applicant does not commence main proceedings within 31 calendar days. |
| 2024-07-31 | ACT_547520/2023 | Munich LD | Infringement Action | Infringement merits | Revoked | Munich Local Division revoked DexCom's patent EP 3 350 592 (CGM system) in its entirety on Abbott's counterclaim for revocation, and dismissed all of DexCom's infringement claims. The patent was found invalid as granted and in its auxiliary request forms (1 and 2) for lack of novelty/inventive step. DexCom was ordered to bear all costs of the proceedings. |
| 2024-07-29 | UPC_CFI_501/2023 | Munich LD | Infringement Action | — | Procedural only | Munich Local Division issued a case management order fixing dates for the interim conference and oral hearing in this infringement action concerning heart valve technology, balancing the claimant's right to a hearing within one year of service with defendants' representative availability constraints. |
| 2024-07-11 | UPC_CFI_181/2023 | Munich LD | Infringement Action | Infringement merits | Settled | The Munich Local Division confirmed the withdrawal of KraussMaffei Extrusion GmbH's infringement action against Troester GmbH & Co. KG concerning EP 3 221 117, following an out-of-court settlement reached by the parties after the oral hearing of 16 April 2024. The court also ordered partial reimbursement of court fees. |
| 2024-06-16 | UPC_CFI_201/2024 | Munich LD | Generic Order | — | Procedural only | The Munich Local Division granted a confidentiality protection order under Rule 262A RoP for documents in provisional measures proceedings, covering information in Confidential Exhibits SA-1 and SA-9 submitted by the defendants (Sumi Agro). The claimant (Syngenta) did not formally object. The order was issued in a new workflow due to a CMS malfunction in the original application. |
| 2024-05-21 | ACT_589207/2023 | Munich LD | Application for provisional measures | Preliminary injunction | PI granted | The Munich Local Division granted Dyson Technology Ltd. a preliminary injunction against SharkNinja Germany GmbH and SharkNinja Europe Limited, prohibiting them from offering or supplying certain handheld vacuum cleaners (models IW3611EU, IW3611DE, IW1611EU, IW1611DE, BU1120DE) in Germany and France that infringe EP 2 043 492, subject to Dyson commencing main proceedings within 31 calendar days or 20 working days. |
| 2024-05-08 | UPC_APP_11857/2024 | Munich LD | Preliminary objection | motionName.jurisdictional | Dismissed | The Munich Local Division partially dismissed preliminary objections filed by Volkswagen, Audi, and Texas Instruments in infringement proceedings by Network System Technologies LLC concerning EP1552669, rejecting challenges to standing, admissibility of pre-2022 damages, and the sufficiency of the infringement read, while deferring jurisdiction objections relating to UK-territory claims to a later stage. |
| 2024-05-08 | UPC_APP_11863/2024 | Munich LD | Preliminary objection | motionName.jurisdictional | Dismissed | The Munich Local Division partially dismissed preliminary objections filed by Volkswagen, Audi, and Texas Instruments in infringement proceedings by Network System Technologies LLC concerning EP1552399, rejecting challenges on substantially the same grounds as in the parallel proceedings concerning EP1552669. |
| 2024-05-08 | UPC_APP_11845/2024 | Munich LD | Preliminary objection | motionName.jurisdictional | Dismissed | The Munich Local Division partially dismissed preliminary objections filed by Volkswagen, Audi, and Texas Instruments in infringement proceedings by Network System Technologies LLC concerning EP1875683, rejecting challenges on substantially the same grounds as in the parallel proceedings concerning EP1552669 and EP1552399. |
| 2024-05-08 | UPC_APP_11850/2024 | Munich LD | Preliminary objection | motionName.jurisdictional | Procedural only | The Local Division Munich resolved preliminary objections filed by Volkswagen, Audi AG, and Texas Instruments defendants in NST's infringement action concerning EP 1 875 683, rejecting jurisdiction and standing challenges and finding that a detailed infringement read on one example device is sufficient at the pleading stage to cover a list of accused devices. |
| 2024-05-08 | UPC_APP_11854/2024 | Munich LD | Preliminary objection | motionName.jurisdictional | Procedural only | Order by Munich Local Division (UPC_CFI_513/2023, 8 May 2024) dismissing preliminary objections by Volkswagen AG, Audi AG and Texas Instruments entities in NST's infringement action for EP 1 552 669 B1. Substantially the same as the companion order in UPC_CFI_514/2023: opt-out withdrawal was valid; NST had standing to sue including for pre-assignment infringement. |
| 2024-05-08 | UPC_APP_11795/2024 | Munich LD | Preliminary objection | motionName.jurisdictional | Procedural only | Munich Local Division order (full panel, Zigann presiding) on preliminary objections by Volkswagen AG, Audi AG, Texas Instruments Inc. and TI Deutschland GmbH, and on requests under R. 361 RoP, in infringement proceedings by Network System Technologies LLC concerning EP 1 552 399. The R. 361 requests to declare the action manifestly inadmissible or unfounded were dismissed. The preliminary objections (R. 19 RoP) were partially dismissed with the remaining jurisdictional issue deferred to the main proceedings. Leave to appeal granted. Costs deferred to main proceedings. |
| 2024-05-08 | UPC_APP_11791/2024 | Munich LD | Preliminary objection | motionName.jurisdictional | Procedural only | Munich Local Division order (full panel, Pichlmaier as judge-rapporteur) on preliminary objections and R. 361 requests by Volkswagen AG, Audi AG, Texas Instruments Inc. and TI Deutschland GmbH in a second infringement action by Network System Technologies LLC concerning EP 1 875 683. Identical in substance to the parallel case (UPC_APP_12101/2024): R. 361 requests dismissed; preliminary objections partially dismissed with residual jurisdiction/assignment issues deferred to main proceedings. Leave to appeal granted. Costs deferred. |
| 2024-05-08 | UPC_APP_11861/2024 | Munich LD | Preliminary objection | motionName.jurisdictional | Procedural only | Munich Local Division dismissed preliminary objections (Rule 19 RoP) and requests to declare the action manifestly bound to fail (Rule 361 RoP) filed by Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH against Network System Technologies LLC's infringement action concerning EP 1 552 399. The court held that NST has standing to sue based on the patent assignments; infringement allegations need only be detailed for one exemplary device at this stage; the jurisdiction objection relating to UK/TI damages claims was deferred to the main proceedings; leave to appeal was granted. |
| 2024-03-13 | UPC_CFI_354/2023 | Munich LD | Application for provisional measures | — | Settled | The Munich Local Division issued a decision confirming the settlement between the parties in provisional measures proceedings brought by Steindl Krantechnik against BEHA Bau- und Forstgreiftechnik concerning EP 3 287 315. Following the oral hearing of 30 January 2024, the parties reached a preliminary agreement and subsequently filed a settlement text under R. 365 RoP. The court confirmed the settlement, ordered its details to be kept confidential (R. 365.2 RoP), and noted that no separate costs decision was required as costs were regulated in the settlement. |
| 2024-02-19 | UPC_APP_6074/2024 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a post-hearing order in Huawei v. Netgear following a separate hearing under Rule 334(d) RoP on 19 February 2024, characterising that hearing as a separate hearing and setting out procedural steps regarding the recording and a pending Rule 336 RoP interim decision application. |
| 2024-02-12 | UPC_CFI_114/2024 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a procedural order in Heraeus v Vibrantz, upholding the claimant's amendment of infringement claims to include indirect infringement of a process claim without requiring court leave, granting other amendments to extend claims to Romania, and allowing substitution of parties in the revocation counterclaim. |
| 2024-02-09 | UPC_CFI_9/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued an order under Rule 322 RoP in the Huawei v. Netgear infringement proceedings, deciding that, although German remains the language of proceedings, the oral hearing shall be conducted in English, relying on Rules 1.1 and 14.2(c) RoP to ensure an efficient and fair hearing given the international nature of the case and the parties' agreement. |
| 2024-02-02 | UPC_CFI_14/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued an order pursuant to Art. 33(3)(b) UPCA, granting all parties' unanimous request to refer the counterclaim for revocation to the Central Division, while deciding to proceed with the infringement proceedings at the Local Division and reserving the possibility to stay the infringement action pending the revocation outcome. |
| 2024-01-23 | UPC_CFI_181/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a post-interim-conference order in KraussMaffei v. TROESTER, confirming the oral hearing date of 16 April 2024, setting final pleading deadlines, fixing the value of the proceedings at EUR 2 million, and inviting parties to submit preliminary cost estimates. |
| 2024-01-03 | UPC_APP_598021/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a procedural order in Philips IP Ventures v. Edrich et al. (Belkin), granting Philips a one-week extension of the reply deadline in the infringement proceedings, taking into account that the written grounds of a Bundespatentgericht decision revoking the German part of the patent had only been served shortly before Christmas 2023. |
| 2024-01-03 | UPC_APP_598024/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a procedural order in Koninklijke Philips N.V. v. Edrich et al. (Belkin), granting Philips a one-week extension of the reply deadline, mirroring the parallel Philips IP Ventures case and noting that the German part of EP2628233 had also been found invalid by the Bundespatentgericht. |
| 2024-01-02 | UPC_CFI_14/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a procedural order in the Amgen v. Sanofi/Regeneron infringement proceedings, setting provisional dates for the interim conference and oral hearing and granting the defendants a short time extension for filing their statement of defence until 8 January 2024. |
| 2024-01-02 | UPC_CFI_14/2023 | Munich LD | Infringement Action | Procedural | Procedural only | Duplicate version of the 2 January 2024 Munich Local Division procedural order in Amgen v. Sanofi/Regeneron, setting provisional hearing dates and granting defendants a brief time extension for the statement of defence. |
| 2024-01-02 | UPC_CFI_14/2023 | Munich LD | Infringement Action | Procedural | Procedural only | Third version of the 2 January 2024 Munich Local Division procedural order in Amgen v. Sanofi/Regeneron, setting provisional hearing dates and granting defendants a brief time extension for the statement of defence. |
| 2023-12-27 | UPC_CFI_181/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a procedural order in the KraussMaffei v. TROESTER infringement case, establishing rules for the protection of confidential information under Rules 262 and 262A RoP, clarifying that confidentiality applications must be made at the time of initial filing or within 14 days, and that in exceptional circumstances protection may be granted via Rule 9 workflow. |
| 2023-12-20 | UPC_CFI_292/2023 | Munich LD | Application for provisional measures | Preliminary injunction | PI denied | The Munich Local Division dismissed SES-imagotag's application for provisional measures against Hanshow Technology and related entities concerning electronic shelf label technology, finding that infringement of EP3883277 had not been established with sufficient certainty. The court also ordered SES-imagotag to bear the costs including those of the protective letter filed by the respondents. |
| 2023-12-19 | UPC_CFI_249/2023 | Munich LD | Application for provisional measures | Procedural | Costs only | The Munich Local Division issued a costs order following the discontinuation of provisional measures proceedings after the respondents (Meril) provided an undertaking to cease the contested acts. The court found the proceedings had become moot, declared the PI application resolved, and ordered the respondents to bear the applicant's costs up to a ceiling of EUR 200,000, holding that respondents had unnecessarily caused those costs. |
| 2023-12-11 | UPC_CFI_9/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division dismissed Netgear's Rule 333 RoP request to have the full panel review the judge-rapporteur's decision to deal with the preliminary objection in the main proceedings, holding that a Rule 20.2 notification cannot be appealed or subject to panel review, and that inadmissible Rule 333 requests are decided by the rapporteur alone. |
| 2023-12-11 | UPC_CFI_9/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division granted Huawei's application under Rule 263 RoP to amend its infringement claim to add EP 3 678 321 as an additional patent in suit alongside EP 3 611 989, having originally sued only on the latter patent; the court addressed the admissibility of claim amendment after conclusion of a limitation procedure. |
| 2023-12-11 | UPC_CFI_9/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a provisional order under Rule 302.1 RoP considering possible severance of the newly added EP 3 678 321 claims from the main case following the grant of the claim amendment, inviting submissions from parties on whether the new patent should be heard separately. |
| 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. |
| 2023-11-27 | 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. |
| 2023-11-03 | UPC_CFI_14/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued an order regarding a change of language of proceedings from German to English in the infringement action by Amgen against Sanofi and Regeneron entities concerning EP 3 666 797. |
| 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. |
| 2023-10-06 | 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. |
| 2023-10-03 | UPC_CFI_9/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a procedural order clarifying obligations to use CMS official workflows, including the Rule 262.2 workflow for confidentiality protection from third parties and the Rule 262A workflow for confidentiality between parties, in an infringement action by Huawei against Netgear. |
| 2023-09-29 | UPC_CFI_15/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division issued a procedural order setting out requirements for using official CMS forms and workflows, and clarifying that a security for costs application under Rule 158.1 RoP requires demonstration that the opposing party's financial circumstances give reason to fear a cost order cannot be enforced. |
| 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. |
| 2023-08-29 | UPC_CFI_14/2023 | Munich LD | Infringement Action | Procedural | Procedural only | The Munich Local Division addressed pleading deadlines in Amgen v. Sanofi/Regeneron, ruling that a claim can be validly filed and served without exhibits (with later filing announced), and that the hearing right for late exhibits can be safeguarded by adjusting the timetable. |