| 2024-07-23 | UPC_CFI_240/2023 | Milan LD | Generic Order | Procedural | Procedural only | Procedural order of the Milan Local Division (in Italian) in Oerlikon Textile v Himson Engineering (EP 2 145 848) granting Oerlikon's application for a confidentiality order under R. 262A RoP over financial information provided in reply to a R. 158 RoP request. The court constituted a confidentiality club comprising only legal representatives of Himson (not the party itself), consistent with the financial sensitivity of the documents. |
| 2024-07-23 | UPC_CFI_75/2023 | Munich CD | Generic application | Procedural | Settled | Order 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. |
| 2024-07-22 | UPC_APP_40530/2024 | Mannheim LD | Application Rop 333 | Procedural | Procedural only | Order by Mannheim Local Division panel (UPC_CFI_471/2023, 22 July 2024) on AYLO defendants' R. 333 RoP review application against the judge-rapporteur's confidentiality order. The panel upheld the access restrictions to technical information in the defendants' statement of defence, rejecting the claimants' request to exclude three of their designated persons from access. |
| 2024-07-22 | UPC_APP_25069/2024 | Dusseldorf LD | Application RoP262A | Procedural | Procedural only | Procedural order from the Düsseldorf Local Division (UPC_CFI_457/2023) on a confidentiality protection application under R. 262A RoP by HP defendants in Dolby's infringement proceedings concerning EP 3 490 258. The Court ruled that an intervener (Access Advance LLC) is to be treated as a party under R. 315.4 RoP and is therefore entitled to at least one natural person in the confidential club, in addition to legal representatives. |
| 2024-07-22 | UPC_APP_25069/2024 | Dusseldorf LD | Application RoP262A | Procedural | Procedural only | Procedural order of the Düsseldorf Local Division (issued 22 July 2024) concerning the protection of confidential information under R.262A RoP in the infringement proceedings Dolby v. HP entities. The order addressed the access rights of intervener Access Advance LLC, holding that an intervener is treated as a party under R.315.4 RoP and has the right to ensure that at least one natural person in addition to legal representatives is included in the group entitled to access confidential information. Defendants' remaining requests were dismissed. |
| 2024-07-19 | ACT_551308/2023 | Paris CD | Revocation Action | Revocation merits | Patent amended | The Paris Central Division rejected the revocation actions filed by Meril Italy Srl and Meril GmbH/Meril Life Sciences Pvt Ltd against EP 3 646 825, maintaining the patent in amended form as per auxiliary request II submitted during the proceedings; costs were split 60% (claimants/counterclaimants) and 40% (defendant). |
| 2024-07-19 | CC_585030/2023 | Paris CD | Counterclaim for revocation | Revocation merits | Patent amended | Decision of the Paris Central Division rejecting the revocation action by Meril Italy Srl and the counterclaims for revocation by Meril GmbH and Meril Life Sciences Pvt Ltd against Edwards Lifesciences Corporation's EP 3 646 825 (prosthetic heart valve). The patent is maintained as amended in auxiliary request II, which limits claims to a frame made up entirely of hexagonal cells. The revocation claimants (60%) and defendant (40%) share costs. |
| 2024-07-19 | ORD_42503/2024 | Brussels LD | Generic Order | Procedural | Procedural only | The Brussels Local Division (full panel) dismissed the respondents' application for review under R. 333 RoP of an earlier judge-rapporteur order that had denied their objection against the claimant's equivalence arguments introduced in the reply. The panel upheld the judge-rapporteur's finding that introducing an infringement argument based on equivalence in the reply did not constitute a fundamental new ground requiring prior leave under R. 263.1 RoP. |
| 2024-07-19 | CC_584916/2023 | Paris CD | Counterclaim for revocation | Revocation merits | Patent amended | The Central Division (Paris) maintained Edwards Lifesciences' EP 3 646 825 (prosthetic heart valve) in amended form (Auxiliary Request II) following revocation actions and counterclaims by Meril entities. All invalidity grounds against the amended claims were rejected. |
| 2024-07-16 | CC_586764/2023 | Munich CD | Counterclaim for revocation | Revocation merits | Revoked | The patent EP 3 666 797 B1 was revoked in its entirety for all Contracting Member States in which revocation was requested. The Main Request and all 17 Auxiliary Requests were found to lack inventive step. The defendant (patent proprietor Amgen) was ordered to bear the claimant's legal costs, agreed at EUR 1.375 million. |
| 2024-07-16 | UPC_CFI_1/2023 | Munich CD | Revocation Action | Revocation merits | Revoked | The Munich Central Division (UPC's first-ever revocation case) revoked European patent EP 3 666 797 B1 (relating to an anti-PCSK9 antibody composition for treating hypercholesterolaemia, owned by Amgen) in its entirety for the territories of 17 UPC Contracting Member States. The patent was found to lack inventive step. All 17 auxiliary requests were also found to lack inventive step. Amgen (defendant/patent proprietor) was ordered to bear Sanofi's legal costs of EUR 1,375,000. |
| 2024-07-12 | UPC_CFI_363/2023 | Dusseldorf LD | Generic application | motionName.jurisdictional | Procedural only | Procedural order on a request for court-provided simultaneous interpretation. The court held that where a party's representatives master one of the permitted languages of the local division, court-provided interpretation is not available merely because the claimant chose a different permitted language in which those representatives are less proficient. The party may arrange its own interpreter at its own cost. |
| 2024-07-11 | UPC_APP_39101/2024 | Court of Appeal | Generic application | motionName.appeal_decision | Dismissed | Court of Appeal (11 July 2024) dismissed Apple's application to accelerate the appeal proceedings and shorten the time limit for Ona Patents to file its response. The CoA held that Apple's interest in acceleration did not outweigh Ona's interest in proper proceedings and a fair time limit. |
| 2024-07-11 | UPC_APP_40022/2024 | Munich LD | Generic application | Costs | Withdrawn | Munich Local Division accepted withdrawal of KraussMaffei Extrusion GmbH's infringement action against TROESTER GmbH & Co. KG (EP 3 221 117). The parties reached an out-of-court settlement notified on 9 July 2024. The hearing date of 3 September 2024 was vacated, withdrawal permitted, and proceedings declared closed. Claimant was entitled to a 20% refund of court fees under R. 370.9(b)(iii) RoP as the written procedure had not yet been completed at the time of withdrawal (the oral hearing had taken place but further submissions had been ordered). |
| 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. |
| 2024-07-10 | UPC_APP_32822/2024 | Mannheim LD | Application RoP262A | Procedural | Procedural only | Procedural order from the Mannheim Local Division (UPC_CFI_219/2023) on Panasonic's application for confidentiality protection under R. 262A RoP in infringement proceedings concerning EP 2 568 724 against Xiaomi entities. The Court addressed the composition of the confidential club and held that access to confidential information before the UPC must be restricted to duly authorised representatives under Art. 48 UPCA, refusing to follow the Munich Local Division's approach of permitting cross-proceeding coordination. |
| 2024-07-10 | UPC_APP_39247/2024 | Munich LD | Generic application | Procedural | Procedural only | Munich Local Division procedural order granting OPPO's request for an extension of the deadline for filing its rejoinder (Duplik) in infringement proceedings concerning a telecommunications patent owned by Panasonic. |
| 2024-07-10 | ORD_35569/2024 | Mannheim LD | Generic Order | Procedural | Procedural only | The Mannheim Local Division issued a procedural order in MED-EL v Advanced Bionics (UPC_CFI_410/2023, EP 4 074 373) concerning the referral of the counterclaim for revocation and patent amendment request to the Central Division. Following a parallel central revocation action (ACT_576555/2023, UPC_CFI_338/2023) which was already near completion, the Court addressed the question of whether to refer the counterclaim and the parties' submissions on that issue. |
| 2024-07-09 | UPC_APP_32695/2024 | Mannheim LD | Application RoP262A | Procedural | Procedural only | The Local Division Mannheim issued a final confidentiality order under R.262A RoP protecting Panasonic's licence agreement details from disclosure to OPPO/OROPE in infringement proceedings, addressing disputes over the scope of the confidentiality club, cross-use of information in parallel proceedings, and the number of permitted in-house access persons. |
| 2024-07-09 | UPC_APP_32695/2024 | Mannheim LD | Application RoP262A | Procedural | Procedural only | Order of the Mannheim Local Division on an application for confidentiality protection (Rule 262A RoP) filed by Panasonic Holdings Corporation regarding license agreement information in the infringement proceedings against OROPE Germany GmbH and Guangdong OPPO Mobile Telecommunications Corp. Ltd. The order sets the scope of the confidentiality regime, including access permissions for external counsel in parallel UK proceedings. |
| 2024-07-09 | UPC_CFI_210/2023 | Mannheim LD | Generic application | Procedural | Procedural only | Mannheim Local Division granted an extension of deadlines for the defendants' submissions on FRAND aspects until 14 August 2024, following the conclusion of confidentiality proceedings. The extension was granted as necessary to allow for complete submissions on FRAND-related material, while taking into account that the parties were already familiar with the documents from parallel national proceedings. |
| 2024-07-08 | UPC_APP_37702/2024 | Brussels LD | Generic application | Procedural | Procedural only | Procedural order of the Brussels Local Division in an infringement action concerning EP 2 331 036. The order addresses whether the claimant was permitted to supplement the factual basis and add equivalence infringement arguments in the Reply to the Statement of Defence, and whether the request/claims could be adapted. The order ruled on the admissibility of equivalence arguments raised at the reply stage. |
| 2024-07-07 | UPC_CoA_301/2024 | Court of Appeal | Generic application | — | Procedural only | The Court of Appeal Panel 2 issued a procedural order in the appeal by ICPillar LLC against an ARM-group request for security for costs (R. 158 RoP) granted by the Paris Local Division. The order addressed a technical problem with CMS notification and ICPillar's R. 262A confidentiality application submitted alongside its statement of appeal, dealing with service and procedural steps only. |
| 2024-07-06 | UPC_APP_15611/2024 | Munich LD | Application RoP262A | Procedural | Procedural only | Confidentiality order (R. 262A RoP) by Munich Local Division in Panasonic v OPPO/OROPE proceedings concerning EP 3 024 163. The court granted a confidentiality regime for disputed documents, granting each side (claimant: 3 persons, defendants: 4 persons) access to confidential materials. The scope was aligned with the handling in parallel proceedings against Xiaomi. |
| 2024-07-05 | UPC_APP_38102/2024 | Court of Appeal | Generic application | Procedural | Withdrawn | Order from the Court of Appeal (UPC_CoA_234/2024) allowing 10x Genomics' request to withdraw its appeal against a partial dismissal of its application for provisional measures against Curio Bioscience, after Curio confirmed it had not filed a cross-appeal. The Court of Appeal declared the appeal proceedings closed, with costs to be decided in a final order in the main action. |
| 2024-07-04 | UPC_APP_33754/2024 | Munich LD | Generic application | Procedural | Procedural only | The Munich Local Division issued a procedural order resolving a dispute over the time limits for filing a rejoinder in the infringement action, ruling that the deadline for the rejoinder runs only from when the fully unredacted reply is served on the defendants. |
| 2024-07-04 | ORD_40039/2024 | Mannheim LD | Generic Order | Procedural | Procedural only | The Mannheim Local Division issued a procedural guidance order in the infringement action by Panasonic against Xiaomi entities concerning EP 2 568 724. The order set out the court's preliminary views on the infringement analysis of key claim features and requested submissions from the parties on specific technical and legal questions in preparation for the oral hearing. |
| 2024-07-04 | UPC_APP_14324/2024 | Munich LD | Application RoP262A | Procedural | Procedural only | Munich Local Division confidentiality order (R. 262A RoP) in Panasonic Holdings Corporation v. Xiaomi entities (EP 3 024 163). The application by Panasonic to classify certain commercial or technical information in the proceedings as confidential and restrict access was addressed. Given the multiple Xiaomi defendants from China, Germany, France, Italy and the Netherlands, the order structured access to confidential materials. |
| 2024-07-04 | UPC_APP_21945/2024 | Munich LD | Application RoP262A | Procedural | Procedural only | The Munich Local Division issued a procedural order concerning an application for protection of confidential information (R. 262A RoP) filed by Panasonic Holdings Corporation in infringement proceedings against the Xiaomi group (UPC_CFI_220/2023) concerning EP 3 024 163. The order addressed the terms of the confidentiality club established between the parties and corrected duplications in the preliminary confidentiality order. |
| 2024-07-04 | UPC_CFI_230/2023 | Paris LD | Generic Order | Infringement merits | Revoked | Decision on the merits by Paris Local Division (4 July 2024). EP 3 435 866 B1 (analyte monitoring / continuous glucose monitoring system) was entirely revoked for lack of inventive step; auxiliary requests 1 and 2 were also invalid (added subject-matter). DexCom's infringement action was dismissed in full. DexCom was ordered to bear costs. The court addressed jurisdiction on the revocation counterclaim, the carve-out under Art. 83 UPCA, claim interpretation, novelty and inventiveness. |
| 2024-07-03 | ACT_459767/2023 | Dusseldorf LD | Infringement Action | Infringement merits | Infringed | Decision of the Düsseldorf Local Division finding infringement of EP 3 375 337 B1 by Bette GmbH & Co. KG in an action by Franz Kaldewei GmbH & Co. KG concerning bathroom basin technology. The defendant was ordered to cease and desist, recall and remove products from distribution channels, and pay EUR 10,000 as a provisional award of damages with a declaration of further damages liability. The revocation counterclaim was partially successful (50% costs for revocation). Key holdings address prior use rights under Art. 28 UPCA (must be proven country by country), the scope of the information right under Art. 68 UPCA, and the concept of permanent removal from distribution channels as distinct from recall. |
| 2024-07-03 | UPC_APP_39459/2024 | Dusseldorf LD | Generic application | Procedural | Settled | Order by Düsseldorf Local Division (UPC_CFI_133/2024, 3 July 2024) confirming settlement between Abbott Diabetes Care Inc. and Sibio/Umedwings under R. 365.1(2) RoP in provisional measures proceedings over EP 2 393 417. A 20% reimbursement of court fees was ordered, the settlement having been reached at the oral hearing stage. |
| 2024-07-03 | UPC_APP_26934/2024 | Mannheim LD | Application RoP262A | Procedural | Procedural only | Initial confidentiality order by Mannheim Local Division judge-rapporteur (UPC_CFI_471/2023, 3 July 2024) under R. 262A RoP granting AYLO defendants' application to restrict access to technical information about their systems in the statement of defence. Access was limited to a maximum of three named persons on the claimants' side; specifically excluded are claimants' representatives in the parallel UK High Court proceedings. |
| 2024-07-02 | UPC_APP_29031/2024 | Paris CD | Generic application | motionName.jurisdictional | Procedural only | Paris Central Division (Panel 1) procedural order on the admissibility of Nokia Technology GmbH's application to amend patent EP 2 044 709 B1 in the context of a revocation action brought against it by Mala Technologies Ltd. The claimant (Mala) argued the amendment application was inadmissible because Nokia had not initiated the separate CMS workflow within the required time. The order addresses the procedural timetable question and hearing invitation; no final ruling on validity or admissibility was reached in this document. |
| 2024-07-02 | UPC_APP_28103/2024 | Paris CD | Generic application | Procedural | Procedural only | Paris Central Division (judge-rapporteur Catallozzi) order dismissing Microsoft Corporation's application to declare Suinno Mobile & AI Technologies' infringement action inadmissible on the ground that Suinno's representative was not independent under Art. 48 UPCA and the code of conduct. The Court held that a violation of the independence obligation cannot be invoked by the opposing party (only by the represented party itself), and that the representative being the inventor and original applicant does not in itself render them non-independent for purposes of R. 290-292 RoP. |
| 2024-06-27 | ORD_38680/2024 | Mannheim LD | Generic Order | Procedural | Procedural only | The Mannheim Local Division issued case management guidance in Panasonic v. OPPO covering claim construction requirements, amendment applications, and the admissibility of the FRAND declaratory relief counterclaim, including on late patent amendment applications. |
| 2024-06-27 | UPC_APP_37868/2024 | Paris CD | Generic application | Procedural | Procedural only | Order of the Paris Central Division (judge-rapporteur Catallozzi) granting Roche Diabetes Care GmbH's application for extension of the deadline for filing its rejoinder to the reply to the defence in a revocation action for EP 2 196 231. Roche argued that Tandem Diabetes Care submitted new prior art in their reply that had not previously been discussed, and that it needed additional time to address both the new prior art and a parallel counterclaim for revocation before the Hamburg Local Division. The court extended the deadline to 29 July 2024, exercising its discretionary power under principles of proportionality, flexibility, fairness and equity. |
| 2024-06-27 | UPC_CFI_457/2023 | Dusseldorf LD | Generic application | — | Procedural only | The Düsseldorf Local Division issued a procedural order in Dolby International's HEVC-SEP infringement action against HP entities concerning EP 3 490 258 B1. The order addressed an extension of time for Dolby's reply brief necessitated by a confidentiality protection application (R. 262A) over HP's FRAND licence negotiation submissions. The court held that where a R. 262A application temporarily prevents the claimant from consulting Access Advance (the pool administrator), a full time extension—not merely a partial one—may be granted where it does not prejudice the oral hearing date. |
| 2024-06-26 | ORD_37232/2024 | Dusseldorf LD | Generic Order | Procedural | Procedural only | Düsseldorf Local Division (26 June 2024) granted Access Advance LLC's application to join the proceedings as a third-party intervener (Streithelferin) on Dolby's side, holding that Access Advance had a direct legal interest because it managed the FRAND licensing obligations for Dolby's patent pool including the patent in suit, and HP was disputing those FRAND obligations. |
| 2024-06-26 | UPC_APP_19084/2024 | Paris CD | Application RoP262A | Procedural | Procedural only | Paris Central Division procedural order ruling on Suinno Mobile & AI Technologies Licensing Oy's application to keep certain documents ('Agreement A & B') confidential from Microsoft Corporation and the public in infringement proceedings concerning EP 2 671 173. The court first rejected Microsoft's admissibility objection (that Suinno's representative, who was also the inventor and managing director, lacked independence under the Code of Conduct), finding the objection unfounded. The substantive confidentiality application was then assessed on its merits. |
| 2024-06-26 | UPC_CFI_123/2024 | Hamburg LD | Application for provisional measures | Preliminary injunction | PI denied | The Hamburg Local Division dismissed Alexion Pharmaceuticals' application for a preliminary injunction against Samsung Bioepis based on EP 3 167 888, finding that while direct infringement could be established, the court could not be sufficiently certain of the patent's validity given the EPO Technical Board of Appeal's history of rejecting correction requests for SEQ ID NO:4, and thus denied the measure. |
| 2024-06-26 | UPC_CFI_124/2024 | Hamburg LD | Application for provisional measures | Preliminary injunction | PI denied | The Hamburg Local Division dismissed Alexion Pharmaceuticals' application for a preliminary injunction against multiple Amgen entities based on EP 3 167 888, holding that while infringement could be established the court lacked sufficient certainty of patent validity given the EPO's repeated rejection of sequence correction attempts for SEQ ID NO:4. |
| 2024-06-24 | UPC_APP_34724/2024 | Dusseldorf LD | Generic application | Procedural | Procedural only | The Düsseldorf Local Division granted Dolby International's application for a deadline extension to file its Reply to the Defence, holding that where access to pleadings was initially restricted under Rule 262A RoP, a party must be granted sufficient time once access is given to consult with its technical experts. |
| 2024-06-21 | UPC_APP_35134/2024 | The Hague LD | Generic application | Procedural | Procedural only | The Hague Local Division rejected a request for simultaneous interpretation facilities between English and Polish at the oral hearing in the Amycel v. Spyra preliminary injunction proceedings, but granted a different request for interpretation under Rule 109.4 RoP after applying the double appropriateness test. |
| 2024-06-21 | ORD_36553/2024 | Dusseldorf LD | Generic Order | Procedural | Procedural only | Düsseldorf Local Division early procedural order (R. 37.2 RoP) in Tridonic GmbH & Co KG's infringement action against CUPOWER entities concerning EP 2 011 218 B1 (same case as the later final decision). The court decided to handle both the infringement action and the revocation counterclaim jointly (Art. 33(3)(a) UPCA) before the close of the written proceedings, for reasons of procedural economy and to allow early assignment of a technically qualified judge. |
| 2024-06-21 | UPC_CoA_227/2024 | Court of Appeal | Appeal RoP220.2 | — | Procedural only | The Court of Appeal ruled on Mala Technologies Ltd.'s appeal against the Paris Central Division's order on a preliminary objection, and its associated request to stay first-instance proceedings pending appeal. The CoA held that a request to stay first-instance proceedings under R. 21.2 RoP must be 'reasoned' in the written statement; submissions first made at an interim conference cannot substitute for that written reasoning. Mala's request to stay was accordingly rejected. The order also summoned the parties to an oral hearing by videoconference. |
| 2024-06-20 | UPC_CoA_234/2024 | Court of Appeal | Application RoP262A | — | Procedural only | Court of Appeal ruled that a confidentiality order (R.262A RoP) issued by the Court of First Instance continues to apply in appeal proceedings without the need for a new order. The Registry was instructed to grant access to unredacted statements only to persons named in the original CFI confidentiality order. |
| 2024-06-20 | UPC_CoA_234/2024 | Court of Appeal | Application RoP262A | — | Procedural only | The Court of Appeal ruled that a non-appealed confidentiality order (Rule 262A RoP) made by the Court of First Instance continues to apply in appeal proceedings. No new Rule 262A order is required where the same already-protected information appears in another document lodged in the appeal. |
| 2024-06-19 | ACT_14944/2024 | The Hague LD | Application for provisional measures | Preliminary injunction | PI granted | The Local Division The Hague granted Abbott Diabetes Care a preliminary injunction against Sibio Technology and Umedwings for infringement of a patent relating to a continuous glucose monitoring device (GS1), finding all conditions under R.211 RoP met and the balance of interests in Abbott's favour, as defendants had left the relevant markets. |
| 2024-06-19 | UPC_APP_35055/2024 | Court of Appeal | Generic application | motionName.appeal_decision | Procedural only | Court of Appeal (Panel 2) procedural order rejecting ICPillar LLC's application for suspensive effect of a Paris Local Division order requiring ICPillar to provide security for costs of EUR 600,000 (R. 158 RoP), and also rejecting ICPillar's subordinate request for expedition of the appeal. The Court held that suspensive effect under Art. 74(1) UPCA is in principle available for R. 220.2 RoP orders (notwithstanding R. 223.5 RoP), but that only exceptional circumstances justify granting it. No exceptional circumstances existed here – the risk of a default judgment if ICPillar fails to comply is an inherent feature of non-compliance, and is not sufficient to grant suspensive effect. |