UPClytics

Decisions

DateCaseDivisionActionMotionOutcomeSummary
2026-03-18UPC_CFI_1357/2025Brussels LDGeneric OrderProceduralProcedural onlyBrussels Local Division ordered Establishment Labs SA to provide security for costs of EUR 600,000 within 21 days in both UPC_CFI_1357/2025 and UPC_CFI_629/2026 proceedings concerning EP 3 107 487 B1. The Court held that the claimant's non-EU incorporation (Costa Rica) and concerns about recoverability of a cost order justified the security requirement, rejecting other elements of the defendants' R. 158 application.
2026-01-15UPC_CFI_1357/2025Brussels LDPreliminary objectionmotionName.jurisdictionalProcedural onlyThe Brussels Local Division issued a procedural order on a preliminary objection (R. 19 RoP) filed by GC Aesthetics and Romed N.V. challenging jurisdiction in the infringement action brought by Establishment Labs S.A. concerning EP 3 107 487 B1 (breast implant).
2024-11-04UPC_APP_54214/2024Munich CDApplication Rop262 3ProceduralProcedural onlyThe Central Division (Munich) addressed Mathys & Squire LLP's request for access to pleadings under Rule 262.1(b) RoP in the Astellas v. Healios revocation action, ruling on confidentiality of certain pipeline information following the parties' settlement.
2024-08-22UPC_APP_588681/2023Munich CDApplication RoP262.1 (b)ProceduralProcedural onlyThe Munich Central Division granted Mathys & Squire's application for public access under R.262.1(b) RoP to written pleadings and evidence in the settled Astellas v Healios revocation proceedings (EP 3 056 563), holding that after settlement the integrity of proceedings is no longer at stake and public access should normally be granted.
2024-07-23UPC_CFI_75/2023Munich CDGeneric applicationProceduralSettledOrder from the Munich Central Division (Section) dated 23 July 2024 disposing of two revocation actions brought by Astellas Institute for Regenerative Medicine against Healios K.K., Riken and Osaka University. Both parties submitted a unanimous application under R. 360 RoP declaring that they concluded the actions by settlement and that the actions were devoid of purpose. The court held that parties may settle without seeking a confirmatory court decision under R. 365 RoP and declared the proceedings closed. A 20% reimbursement of court fees was granted under R. 370.9(c) RoP. Headnotes clarify that settlement-based closures are not limited to the formal R. 365 confirmation procedure.
2024-03-18UPC_CFI_75/2023Munich CDRevocation ActionProceduralProcedural onlyThe Munich Central Division judge-rapporteur issued an interim conference order (R. 105.5 RoP) in the revocation action brought by Astellas Institute against Healios, Riken, and Osaka University concerning EP 3 056 563. The order recorded decisions taken at the interim conference to prepare for the oral hearing, including procedural directions on evidence and scheduling.
2024-03-18UPC_CFI_80/2023Munich CDRevocation ActionProceduralProcedural onlyOrder following the interim conference (R. 105.5 RoP) in the revocation action by Astellas Institute for Regenerative Medicine against Healios K.K. and Osaka University (EP 3 056 564) at the Munich Section of the Central Division. The court confirmed the oral hearing would proceed as planned and admitted a second expert declaration (D21) conditionally, giving the defendant limited time to reply.
2023-12-28UPC_APP_588681/2023Munich CDApplication RoP262.1 (b)ProceduralProcedural onlyThe Munich Central Division issued a preliminary order in a Rule 262.1(b) access-to-file application by Mathys & Squire LLP, deciding to await the outcome of pending Court of Appeal proceedings on a related access application before ruling on the present request.
2023-11-20UPC_CFI_80/2023Munich CDRevocation ActionProceduralProcedural onlyThe Munich Central Division refused a request by Healios K.K. and Osaka University to stay UPC revocation proceedings pending a decision by the EPO, finding no concrete near-future date for an EPO decision and holding that the interests of the parties must be weighed, with the claimant's interest in timely proceedings prevailing.
2023-11-17UPC_CFI_80/2023Munich CDRevocation ActionProceduralProcedural onlyThe Munich Central Division issued an order on a Rule 262A application by Astellas Institute for Regenerative Medicine to restrict access to a confidential annex, addressing the scope of access permitted to named individuals at the defendant entities Healios K.K. and Osaka University in the revocation action concerning EP 3 056 564.
2023-10-11UPC_CFI_75/2023Munich CDRevocation ActionProceduralProcedural onlyThe Munich Central Division issued a Rule 9 RoP procedural order directing parties to use the CMS and designated workflows for all submissions, clarifying that system-generated notifications constitute electronic service under Rules 278.1 and 271.6 RoP, in the revocation action by Astellas.
2023-10-11UPC_CFI_80/2023Munich CDRevocation ActionProceduralProcedural onlyThe Munich Central Division issued a Rule 9 RoP procedural order directing parties to use the CMS and designated workflows for all submissions and limiting external correspondence to a minimum, in the revocation action by Astellas against Healios K.K. and Osaka University.
2023-09-21UPC_CFI_75/2023Munich CDRevocation ActionProceduralProcedural onlyThe Munich Central Division rejected a Rule 262.1(b) request for public access to written pleadings, holding that 'education and training' does not constitute a concrete and verifiable legitimate reason, and that there is no legal basis to grant access to a letter for service.