UPClytics

Decisions

DateCaseDivisionActionMotionOutcomeSummary
2025-10-30UPC_CFI_361/2025Paris LDInfringement ActionInfringement meritsDismissedThe Paris Local Division (full panel: Lignieres, Kupecz, Gillet) rejected Vivo's preliminary objection challenging UPC jurisdiction and the internal competence of the Paris Local Division in Sun Patent Trust's SEP/FRAND infringement action concerning EP 3 852 468. The Court held that UPC jurisdiction is established under Art. 33(1)(a) UPCA because an allegedly infringing Vivo product was offered and delivered to a French customer via Fnac.com, constituting a harmful event in France. Vivo's additional argument that only a FRAND defence (not a FRAND main claim) falls within UPC jurisdiction was deferred to the main proceedings under R. 20.2 RoP.
2025-09-17UPC_APP_36985/2025Paris LDGeneric applicationProceduralProcedural onlyParis Local Division order (judge-rapporteur Lignières, full panel) in provisional measures proceedings by Merz Therapeutics GmbH and related Merz entities against Viatris Santé concerning EP 2 377 536 (botulinum toxin / SPC FR13C0033). The order addresses Merz's procedural application (R. 9 RoP) to limit or restructure Viatris' 473-page objection, or alternatively to set a page limit for subsequent submissions. No substantive ruling on the provisional measures application.
2025-08-26UPC_APP_34711/2025Paris LDGeneric applicationProceduralProcedural onlyParis Local Division procedural order clarifying the starting point for procedural time limits (preliminary objection deadline – 1 month; statement of defence – 3 months) in Sun Patent Trust's infringement action against Vivo entities concerning EP 3 852 468. Following an appeal by Sun Patent Trust against part of the confidentiality circle order (July 31 final order), and Vivo's voluntary compliance with Sun's request not to access highly confidential documents pending the appeal, the judge-rapporteur clarified that the deadlines agreed between the parties run from the date of the final confidentiality order (31 July 2025), as originally specified.
2025-07-21UPC_APP_18982/2025Paris LDApplication RoP262AProceduralProcedural onlyThe Paris Local Division granted Sun Patent Trust's application for confidentiality protection (Rule 262A RoP) over parts of the statement of claim and exhibits in this SEP infringement action against Vivo entities, while denying certain broadly framed requests.
2025-07-21UPC_CFI_361/2025Paris LDApplication RoP262AProceduralProcedural onlyProcedural order on Sun Patent Trust's application for confidentiality protection (Rules 262.2 and 262A RoP) of highly confidential information in its infringement action against Vivo. The court set conditions for access by Vivo's representatives and named in-house employees to the unredacted statement of claim, rejecting certain overly restrictive constraints proposed by the claimant.
2025-05-23ACT_17434/2024Paris LDInfringement ActionInfringement meritsRevokedParis Local Division revoked the Dutch, French, German and Italian parts of claims 1-6 of EP 3 155 936 (Hurom slow juicer) as unconditionally amended in the Main Request, and claims 1-3 as amended in the Auxiliary Request, following NUC Electronics' counterclaim for revocation. The patent was found invalid under Art. 138(1) EPC. All of Hurom's infringement claims were dismissed. Hurom's claims for infringement in Poland were held admissible (BSH v Electrolux principle) but dismissed on the merits for lack of evidence. Hurom was ordered to bear all costs.
2025-05-08ACT_3186/2025Lisbon LDApplication for provisional measuresPreliminary injunctionPI deniedLisbon Local Division denied Boehringer Ingelheim International GmbH's application for a preliminary injunction against Zentiva Portugal, LDA concerning EP 1 830 843 (nintedanib for idiopathic pulmonary fibrosis). The court found no imminent infringement: Zentiva's receipt of marketing authorisations and filing of a parallel exclusivity period (PEP) request did not demonstrate that market entry was imminent before patent expiry. The PEP request was filed in the usual course of business and the Defendant was aware of the risk of PEP expiry. Value of case set at EUR 1,000,000.
2025-04-24ACT_588685/2023Paris LDInfringement ActionInfringement meritsInfringedThe Paris Local Division found that Laser Components SAS infringed EP 3 404 726 owned by Seoul Viosys Co. Ltd., ordered corrective measures including withdrawal and destruction of infringing UV-C LED chips from the French market, and directed disclosure of information for damages calculation, while reserving the quantum of damages for a separate procedure.
2025-03-24UPC_CFI_814/2024Paris LDRequest to review an order ex-partemotionName.ex_parteProcedural onlyThe Paris Local Division rejected VALINEA ENERGIE's applications to both revoke and revise the ex-parte evidence preservation order (saisie) issued on 23 December 2024. The Court upheld the original saisie order, finding adequate justification for the urgency and effectiveness of the measures. VALINEA's request to increase the security deposit from EUR 10,000 to EUR 50,000 was also rejected, as VALINEA failed to demonstrate TIRU's financial vulnerability.
2025-02-26UPC_APP_6598/2025Paris LDGeneric applicationProceduralProcedural onlyThe Paris Local Division rejected Gisela Mayer GmbH's application for security for legal costs under R. 158 RoP against French claimant NJ Diffusion SARL, finding that NJ Diffusion's positive financial position meant there was no demonstrated risk that it could not pay a potential cost award capped at €56,000.
2025-02-17UPC_APP_6774/2025Dusseldorf LDApplication Rop 265ProceduralWithdrawnThe Düsseldorf Local Division allowed the claimant's withdrawal of the infringement action and the defendants' withdrawal of the counterclaim for revocation, both with mutual consent, declared the proceedings closed, and directed 60% reimbursement of court fees to each side.
2025-02-05UPC_APP_4027/2025Paris LDGeneric applicationProceduralProcedural onlyParis Local Division order (judge-rapporteur Lignières) on Hurom Co.'s application for further exchanges of written pleadings (R. 36 RoP) in infringement proceedings against NUC Electronics entities and Warmcook concerning EP 3 155 936. The court addresses Hurom's request that sections of its rejoinder be declared admissible, or alternatively that further pleadings be permitted. The order likely dismisses the application, deferring any inadmissibility issues to the merits, given the defendants' last-word principle in infringement proceedings. No substantive ruling.
2025-01-24ORD_3876/2025Paris LDGeneric OrdermotionName.jurisdictionalDismissedThe Paris Local Division declared the revocation action brought by Photon Wave Co. Ltd. against Seoul Viosys Co. Ltd. (EP 3 404 726) inadmissible, holding that a standalone revocation action by a third-party intervener in parallel infringement proceedings was not permitted under Articles 32 and 33 UPCA where the intervener had failed to comply with mandatory time limits for filing a counterclaim for revocation.
2025-01-20UPC_APP_67911/2024Paris LDGeneric applicationProceduralDismissedParis Local Division dismissed NJ Diffusion SARL's application for an in-person interim conference to physically examine two wigs (exhibit items) with strong lighting and photography. The court held the measure unnecessary because enlarged photographs of the wigs were already contained in the claimant's reply brief. Defendant's inadmissibility argument (wrong procedural basis) was rejected, but the substantive request failed for lack of necessity.
2025-01-10ACT_578697/2023Paris LDGeneric applicationCostsCosts onlyParis Local Division issued a costs decision in Hewlett-Packard Development Company LP v LAMA FRANCE (UPC_CFI_358/2023, infringement action concerning EP 2 089 230 and EP 1 737 669). Applying the prior decision of 13 November 2024 (50/50 cost split), the court rejected both parties' requests to raise the 50% ceiling on recoverable representation costs. Each party owes the other EUR 112,000 in representation costs and EUR 7,500 in court fees, resulting in a wash. No ceiling uplift was justified despite the complexity of the double-patent case.
2024-12-23UPC_CFI_814/2024Paris LDApplication for an Order for inspection pursuant to RoP199EvidenceProcedural onlyParis Local Division granted an ex parte order for preservation of evidence (saisie-contrefaçon) and on-site inspection against VALINEA ENERGIE, allowing detailed description and physical seizure of documents relating to a waste incineration furnace allegedly reproducing features of EP 3 178 578 B1. TIRU suspected infringement based on video evidence of a new furnace installation.
2024-12-19UPC_APP_66323/2024Paris LDGeneric applicationProceduralProcedural onlyThe Paris Local Division ruled on LAMA France's applications filed in enforcement proceedings following the main decision of 13 November 2024 against LAMA. LAMA requested a stay of enforcement pending appeal, a restricted confidentiality circle, and security. The court addressed the jurisdiction of the first instance court vs Court of Appeal to rule on a stay of enforcement during the appeal period.
2024-12-13UPC_APP_61630/2024Paris LDApplication Rop 265ProceduralSettledParis Local Division (13 December 2024) allowed withdrawal of ICPillar's infringement action and ARM's counterclaim for revocation following a confidential settlement agreement reached after mediation in parallel US proceedings. Security for costs (EUR 44,400 to ICPillar) to be returned in full; each party bears its own costs; court fees reimbursed at 40%.
2024-10-11UPC_APP_53731/2024Paris LDAmend DocumentProceduralProcedural onlyParis Local Division dismissed Abbott's application under Rule 263 RoP for leave to amend its defence/case to include the newly released LibreLinkUp app version 4.12.0, in DexCom's infringement action concerning EP 3 831 282. While the first condition (amendment could not have been made earlier) was met, the second condition was not: granting the amendment would unreasonably hinder DexCom's preparation for the oral hearing scheduled in 10 days. Abbott retains the option to bring a separate action for non-infringement regarding the new product.
2024-08-27UPC_APP_41707/2024Paris LDGeneric applicationEvidenceProcedural onlyThe Paris Local Division ordered that a witness be heard in English during the oral hearing in Hewlett-Packard's infringement action against Lama France, while rejecting the request for simultaneous French interpretation on the grounds that English is a language understood by all panel members and UPC representatives.
2024-08-02UPC_APP_41706/2024Paris LDOrder Communicate InformationProceduralProcedural onlyThe Paris Local Division judge-rapporteur issued an order for communication of information under Rule 191 RoP, granting HP's request in part for disclosure of identities of third parties involved in production and distribution of allegedly infringing products, subject to confidentiality protections.
2024-07-31UPC_APP_36267/2024Paris LDOrder Communicate InformationProceduralProcedural onlyParis Local Division order (judge-rapporteur Lignières) on Abbott Diabetes Care Inc.'s application (R. 191 RoP) to compel Dexcom entities to disclose the full distribution chain for the Dexcom G6 and G7 systems across Contracting Member States in infringement proceedings concerning EP 3 988 471. The order addresses timing and scope of the communication of information request, likely deferring or partially granting the request pending the interim conference, with Dexcom's alternative proposals for limitation and confidentiality considered.
2024-07-24ORD_41423/2024Paris LDGeneric OrderProceduralProcedural onlyThe Paris Local Division issued a procedural order addressing the schedule and management of the Seoul Viosys v. Laser Components infringement action, including Photon Wave's intervention and a parallel revocation action at the Central Division.
2024-04-11UPC_APP_12563/2024Paris LDPreliminary objectionmotionName.jurisdictionalProcedural onlyThe Paris Local Division rejected multiple defendants' (ARM group) preliminary objections to jurisdiction, ruling that where one defendant has its residence within the territorial scope of the local division, Art. 33(1)(b) UPCA applies regardless of where other defendants are based, and that belonging to the same corporate group with related commercial activities constitutes a sufficient 'commercial relationship' for multi-defendant proceedings.
2024-03-26ORD_12088/2024Paris LDGeneric OrderEvidenceProcedural onlyThe Paris Local Division issued a procedural order establishing a confidentiality club under Rule 262A RoP to regulate access to trade secret information gathered during a saisie (evidence preservation) in C-Kore's infringement proceedings against Novawell.
2024-03-01UPC_APP_601/2024Paris LDRequest to review an order ex-partemotionName.ex_parteDismissedParis Local Division (1 March 2024) dismissed Novawell's application to review and revoke the ex parte saisie (preservation of evidence) order issued on 14 November 2023 against C-KORE Systems Limited. The court upheld the saisie carried out by an expert assisted by a bailiff as lawful under French law and R. 196.5 RoP, held the 30-day review period ran from the bailiff's closing minute, and confirmed sufficient evidence of infringement existed at the time of the original order.
2024-02-28UPC_APP_8330/2024Paris LDGeneric applicationProceduralProcedural onlyParis Local Division order (judge-rapporteur Lignières) in infringement proceedings by ICPillar LLC against ARM Limited and numerous ARM group entities concerning EP 3 000 239. The order addresses service of the statement of claim on four UK-domiciled defendants (Arm Limited, Apical Limited, Simulity Labs Limited, SVF Holdco) through the Hague Service Convention, following failure of electronic service. The order authorises an alternative service method (R. 275.2 RoP). No substantive ruling on infringement.