• LD Mannheim, September 12, 2025, Order of the President of the Court of First Instance, UPC_CFI_481/2025

    Key takeaway If the language of proceedings shall be changed and the parties’ interests are weighed, the defendant’s interests shall prevail in the event of equal outcome.: In the event that the weighing of interests of the defendant and the claimant results in a draw, the position of the defendant – having not initiated the…

  • LD Paris, September 17, 2025, Procedural Order, UPC_CFI_697/2025

    Key takeaway Appropriate length of objection is related to length of application for provisional measures.: The application filed had a length of 30 pages. Even though two intellectual property titles (a patent and its corressponding supplementary protection certificate) are at issue, the 470-page objection filed by the respondent was held to be inappropriate in the…

  • LD Duesseldorf, September 12, 2025, procedural order on further exchanges of written pleadings, UPC_CFI_733/2024

    Strict requirement for R. 36 RoP application for written submissions beyond those foreseen in the Rules: The correct means to introduce written pleadings outside the regime provided for in the Rules of Procedure is an application pursuant to R. 36 RoP. Such an application must be made prior to the date on which the judge-rapporteur…

  • LD Duesseldorf, September 12, 2025, procedural order on subsequent application to amend patent, UPC_CFI_733/2024

    Proportionality, flexibility, fairness, and equity are criterions for exercising discretion on admission of subsequent application to amend the patent: In exercising its discretion pursuant to R. 30.2 RoP, the court assesses whether an admission of a subsequent application to amend the patent complies with the principles of proportionality, flexibility, fairness, and equity. Substantial and specific…

  • CoA, May 28, 2025, Order, UPC_CoA_808/2024

    Reimbursement of fees: no extension of written procedure by opportunity for further written submissions.: In appeal proceedings (without cross-appeal), the written procedure ends with the submission of the statement of response by the respondent pursuant to R 235, R 239.1 RoP. The written procedure is not extended if the parties are allowed to file further…

  • LD Mannheim, May 28, 2025, Order, UPC_CFI_410/2023

    No reimbursement of court fees after withdrawal on the eve of the pronouncement of the decision on the merrits.: Assuming an exceptional case pursuant to R 370.9 (e) RoP, the court denies the reimbursement of court fees. The court points out that at the time of withdrawal, the decision was fully drafted and signed and…

  • LD Paris, May 23, 2025, Decision on the merits, UPC_CFI_163/2024

    Assessment of original disclosure: The possibility of alternative options for relative positions of two elements of the claimed subject matter does not imply that a feature directed at one of the elements lacks support, as these alternatives are options, and are not inextricably connected with the arrangement of the feature as claimed (sec. 66). Provided…

  • LD The Hague, May 23, 2025, Order on preliminary objection, UPC_CFI191/2025 and 192/2025

    International jurisdiction by anchor defendant.: Pursuant to Art. 8(1) Brussels ibis Regulation (BR), a person domiciled in an EU Member State may also be sued, where he is one of a number of defendants, in the courts for the place where one of them is domiciled. In the present case, the judge rapporteur held it…

  • Court of Appeal, February 19, 2025, order on release of cost security, UPC_CoA_217/2024

    R. 352.2 RoP is applied by way of analogy with regard to the release of security for legal costs.: R. 352.2 RoP directly concerns the release of a security for enforcement but should be applied by way of analogy in a case in which security for legal costs has been deposited and afterwards the action…

  • LD Munich, February 14, 2025, order on preliminary objection, UPC_CFI_437/2024

    A preliminary objection based on questions regarding the claimant’s standing to bring an action is inadmissible or at least unfounded.: The Court’s jurisdiction and competence, as referred to in R. 19.1 RoP, is not linked to whether a person bringing an action is ultimately entitled to bring the action or whether it is fully entitled…

  • Court of Appeal, February 14, 2025, order on request for provisional measures, UPC_CoA_382/2024

    Claim construction regarding means-plus-function features.: Means-plus-function features must be understood as any feature suitable for carrying out the function (headnote 1, para. 47). Added matter assessment.: General provisions: The Court must ascertain what the skilled person would derive directly and unambiguously using their common general knowledge and seen objectively and relative to the date of…

  • LD Dusseldorf, October 31, 2024, order on provisional measures, UPC_CFI_368/024

    No uniform urgency period.: The urgency period is to be measured from the date on which the applicant is or should have been aware of the infringement. Whether a delay is unreasonable depends on the circumstances of the individual case. There is no fixed deadline by which the applicant must submit its application for provisional…

  • Court of Appeal, October 29, 2024, order, UPC_CoA_549/2024

    Order on suspensive effect of appeal if impugned decision is evidently incorrect.: The suspensive effect may be ordered in particular if the order against which the appeal is directed is evidently incorrect. Whether there is an evident violation of the law is assessed on the basis of the factual findings and legal considerations that provide…

  • LD The Hague, July 31, 2024, order on provisional measures, UPC_CFI_195/2024

    No lack of urgency although application filed more than nine months after becoming aware of sales of attacked embodiment: Applicant became aware of sales of the attacked embodiment (mushrooms) in UPC territory in late July 2023 and filed an application for provisional measures on May 14, 2024. In the meantime, applicant, amongst others, had three…

  • CD Paris, July 30, 2024, order on confidentiality, UPC_CFI_367/2023

    Access to cost breakdown for adversary granted: In the context of an interpretation in conformity with European law taking into account Art. 9(2) of Directive (EU) 2016/943, Art. 58 UPCA, must be understood to mean that the circle of persons entitled to access to confidential information must include at least one natural person from each…

  • CoA Luxembourg, July 30, 2024, procedural order, UPC_CoA_405/2024

    No shortening of term for response in appeal proceedings due to filing of grounds of appeal prior to end of term or due to contention on a purely legal issue: The arguments that an appeal concerns purely legal issues, the appellant seeks patent protection as soon as possible and the fact that the appellant did…

  • CoA Luxembourg, July 29, 2024, order on cost application, UPC_CoA_1/2024

    Application for cost decision is to be lodged before the court of first instance: Proceedings for a cost decision are to be started before the court of first instance, even if the application relates to costs that accrued in appeal proceedings. The general procedure as provided in R. 150 seqq. RoP is to be followed.…