• Court of Appeal, October 2, 2026, Order, UPC_CoA_99/2026 & UPC_CoA_110/2026

    No stay of appeal proceedings under R. 118.2(b) and R. 242.2(a) RoP where the pending nullity action is not between the same parties.: A stay of appeal proceedings pending a decision on invalidity under R. 118.2(b) and R. 242.2(a) RoP requires that the nullity action be pending between the same parties. A nullity action brought…

  • Court of Appeal, August 31, 2026, Order, UPC_CoA_312/2025

    Suspensive effect is the exception, not the rule for applications for rehearing (Art. 81(2) UPCA, R. 252 RoP). : The filing of an application for rehearing against a final decision of the Court of Appeal does not automatically suspend its enforceability. Suspensive effect requires a positive, separate decision of the Court and constitutes a departure…

  • Local Division Düsseldorf, September 1, 2026, Decision on Infringement Action, UPC_CFI_307/2025

    Rule 116.3 RoP governs the consequences of a party’s non-attendance at the oral hearing, treating them as relying on their written submissions.: If a defendant fails to attend the oral hearing despite being properly summoned, the court may proceed to issue a final decision on the merits rather than a default judgment under Rule 116.5…

  • LD Düsseldorf, May 6, 2026, Order, UPC_CFI_1536/2026

    Ex parte inspection at trade fairs justified where concrete risk of evidence destruction exists (Art. 60 UPCA, R. 192, 197 RoP): The Court ordered ex parte inspection of a machine exhibited at a trade fair. The Applicant credibly demonstrated that the Defendant could remove the machine or deactivate pre-programmed processes via software update, rendering evidence…

  • LD The Hague, May 4, 2026, Order, UPC_CFI_2028/2025, UPC_CFI_2031/2025

    A review under R.197.3 RoP only benefits the party that files it; co-defendants who do not seek review remain bound by the original order: The Court held that where only one of several defendants files a review application, the review can only affect the order vis-à-vis that defendant, analogous to the principle that an appeal…

  • LD Brussels, May 7, 2026, Cost Decision, UPC_CFI_2265/2025

    Waiver of rights requires an explicit statement – prior admissions in first instance proceedings do not constitute a waiver (R. 150 RoP): An acknowledgment by a party that the opposing party was the “successful party” in first instance proceedings does not constitute a waiver of the right to claim compensation as a “partially successful party”…