UPClytics

Decisions

DateCaseDivisionActionMotionOutcomeSummary
2025-10-28UPC_CFI_555/2024Hamburg LDInfringement ActionProceduralProcedural onlyProcedural order summarising an online interim conference held on 22 October 2025. The judge-rapporteur set the value of the infringement action at EUR 3 million and the counterclaim for revocation at EUR 4.5 million (total EUR 7.5 million). The parties agreed to resolve reimbursable legal costs out of court at approximately 50% of the ceiling. The judge-rapporteur admitted the Patent Sale Agreement and Patent Assignment Agreement (Exhibits PS 11 and 12) to the file. No substantive ruling on infringement or validity was made.
2025-10-28UPC_CFI_537/2024Hamburg LDInfringement ActionProceduralProcedural onlyHamburg Local Division procedural order summarising the interim conference of 22 October 2025 in Malikie Innovations v. Nintendo, including case management orders: case value set at EUR 7.5 million (EUR 3m infringement + EUR 4.5m counterclaim), agreement on reimbursable legal costs (approximately 50% of ceiling), updates on parallel proceedings, and admission of second round of patent amendment auxiliary requests.
2025-04-23UPC_CFI_537/2024Hamburg LDApplication RoP262AProceduralProcedural onlyProcedural order granting Nintendo's request for confidentiality protection (Rule 262A RoP) of sales data in their Statement of Defence. Access to unredacted information restricted to two named reliable persons on the Claimant's side, subject to conditions. Claimant's request for access for two specific employees was accommodated.
2024-07-29ACT_555899/2023Paris CDRevocation ActionRevocation meritsPatent amendedThe Paris Central Division rejected the revocation action filed by BITZER Electronics A/S against EP 3 414 708 (claim 1), maintaining claim 1 as amended by auxiliary request II submitted during the proceedings; costs were borne 60% by the claimant and 40% by the defendant.
2024-07-29UPC_APP_35673/2024Paris CDApplication RoP262.1 (b)ProceduralProcedural onlyCentral Division Paris granted Mathys & Squire LLP's application for public access (R. 262.1(b) RoP) to written pleadings and evidence in proceedings between BITZER Electronics A/S and Carrier Corporation (EP 3 414 708). The applicant, an IP firm handling opt-out filings, argued general public interest in understanding how the UPC handles jurisdiction over opted-out patents. The respondents did not comment. Access was granted.
2024-04-30UPC_APP_20743/2024Paris CDApplication Rop 333ProceduralProcedural onlyThe Paris Central Division ruled that a patent amendment request (EP 3 414 708) is inadmissible to the extent it concerns claims not challenged in the revocation action, establishing that the right to amend is a defensive tool limited to challenged claims.
2024-04-05UPC_CFI_263/2023Paris CDRevocation ActionProceduralProcedural onlyThe judge-rapporteur issued an interim conference order setting out procedural directions for the revocation action concerning EP 3 414 708, including discussion of the validity of the priority claim and allowable form of amendments; no substantive ruling on patentability was made.
2024-03-06UPC_APP_6758/2024Paris CDApplication RoP262.1 (b)ProceduralProcedural onlyOrder by Central Division Paris (6 March 2024) refusing a member of the public's request under R. 262.1(b) RoP for access to registry notification documents in revocation proceedings (UPC_CFI_263/2023). The court held that R. 262.1(b) covers only written pleadings and evidence lodged by parties, not administrative documents issued by the Registry.
2024-01-08UPC_CFI_263/2023Paris CDRevocation ActionProceduralProcedural onlyThe Paris Central Division rejected Carrier Corporation's application to stay the revocation proceedings against EP3414708 pending EPO opposition proceedings, finding that the requirement of a 'rapid decision' from the EPO was not fulfilled because no concrete timeline for the EPO ruling had been established.