-
CoA, July 8, 2026, appeal decision regarding request for provisional measures, UPC-CoA-36/2026
An invalidity attack filed for the first time on appeal, will be considered inadmissible absent a compelling justification for its late submission (R. 222.2 RoP): When exercising its discretion under R. 222.2 RoP, the CoA weighs the justification for the late submission, its relevance to the appeal, and the position of the opposing party. A…
-
LD Duesseldorf, July 3, 2026, order on penalty payments, UPC_CFI_723/2025
Broad concept of “offering” pursuant to Art. 25(a) UPCA: The term “offering” must be interpreted autonomously and in an economic sense. It is sufficient to present an item so that a viewer can make an offer to acquire it (invitatio ad offerendum). Thus, neither price indication nor ability to deliver is required. The Court expressly…
-
CoA, July 6, 2026, Decision regarding application to withdraw (R. 265 RoP) and reimbursement of court fees (R. 370.9 RoP), UPC-CoA-29/2026, UPC-CoA-30/2026
R. 265.1 RoP applies equally to withdrawals of appeals and first instance actions, provided no final decision has yet been issued: The CoA confirmed its consistent case law that R. 265.1 RoP, which permits withdrawal of an action before a final decision is issued, applies equally to appeal proceedings. With both appellant and respondent having…
-
LD Hamburg, September 17, 2024, order on application pursuant to R. 262.1(b) RoP, UPC_CFI_151/2024
Application to get access to written pleadings and evidence granted (R. 262.1(b) RoP), but limited to redacted versions (R. 262.2 RoP): The access to the written pleadings and evidence is conditioned to a reasoned request, R. 262.1(b) RoP. Gaining a better understanding of one of the first UPC decisions regarding an application for provisional measures…
-
Court of Appeal, September 16, 2024, order concerning security for costs, UPC_CoA_301/2024
Late filed requests and duty to provide evidence: The Court of Appeal may decide to disregard late filed requests, facts and evidence even if these were not objected by the other party (Rule 222.2 RoP). The Court of Appeal may exercise its discretion in this respect. When exercising this discretion, it shall take into account…
-
LD Mannheim, September 17, 2024, order of the Court of First Instance, UPC_CFI_210/2023
Late request to hear expert of one party as witness in oral hearing: Court dismissed Claimant’s request – raised after the interim conference – to hear an expert appointed by Claimant as witness in the oral hearing on several grounds: (1) Firstly, as a general rule, further pleadings and requests cannot be filed after the…
-
CD Paris, September 17, 2023, order of the Court of First Instance, UPC_CFI_189/2024
Extension of time period pursuant to R. 9.3(a) RoP in “exceptional cases” : An extension of the time period to file a counterclaim for infringement (R. 49 RoP) can be justified pursuant to R. 9.3(a) RoP if the Defendant provides sufficient evidence that the submission of documents in the CMS was not possible due to…
-
CoA, September 17, 2024, order of the Court of Appeal concerning security for costs, UPC_CoA_217/2024 et. al.
Standard and its application to the case at hand: The Court, when exercising its discretion under Art. 69(4) UPCA and R.158 RoP, must determine, in light of the facts and arguments brought forward by the parties, whether the financial position of the Claimant gives rise to a legitimate and real concern that a possible order…
-
LD The Hague, June 19, 2024, Order of the Court of First Instance, UPC_CFI_130/2024
LD has competence to hear the case in respect to Ireland: The court read Applicant’s application to also cover Ireland, which is a signatory state to the UPCA and therefore a Contracting Member State, even though Ireland has not yet ratified the Agreement. Pursuant to Art. 31 UPCA which provides that the international competence of…
-
Court of Appeal, June 21, 2024, Order on request to stay proceedings, UPC_CoA_227/2024
Stay of proceedings following an appeal only in case of a “reasoned request” : If an appeal is lodged against an order rejecting a preliminary objection, the Court of Appeal may stay the proceedings at first instance on a “reasoned request” by a party (R. 21.2 RoP). A statement which lacks any reasons as to…
-
Court of Appeal, June 20, 2024, Order on application pursuant to R. 262A RoP, UPC_CoA_234/2024
An order by the Court of First Instance pursuant to R. 262A RoP also applies to the appeal proceedings : A non-appealed order by the Court of First Instance pursuant to R. 262A RoP that restricts access to certain information or evidence to specific persons, unless otherwise stated in the order, continues to apply after…
-
LD Duesseldorf, June 20, 2024, Order of the Court of First Instance, UPC_CFI_459/2023
Order to jointly hear both the infringement action and the counterclaim for revocation pursuant to Article 33(3)(a) UPCA for reasons of efficiency: Pursuant to Art. 33(3) UPCA, the LD can exercise its discretion when deciding to hear both the infringement action and the counterclaim for revocation (Art. 33(3)(a) UPCA) or to refer the counterclaim for…
-
LD Duesseldorf, April 30, 2024, Order on provisional measures, UPC_CFI_463/2023
Rebuttable presumption that the person registered as the patent proprietor is entitled to be registered pursuant to R. 8.5 (c) RoP: If in the case of a European patent a person is registered as the patent proprietor in the respective national register, there is a rebuttable presumption that the person recorded in the respective national…
-
LD The Hague, May 1, 2024, UPC_CFI_379/2023, Procedural order
Withdrawal of action pursuant to R. 265 RoP and reimbursement of court fees: An application to withdraw shall be permitted if the other party consents to the withdrawal. The Court then issues a decision declaring the proceedings closed, resp. the case terminated. The decision includes a decision on costs and the decision will be published…
