Author: Marius Fischer

  • Court of Appeal, March 30, 2026, Order, UPC_CoA_12/2026

    A party or its representative may prepare a private transcript of an oral hearing, based on an audio recording pursuant to R. 115 RoP. When producing a private transcript, a party or its representative may obtain support of an assistant or support staff, such as a stenographer, working in the presence and under the supervision…

  • Court of Appeal, March 30, 2026, Order, UPC_CoA_302/2025, CoA_305/2025

    Cost determination proceedings must always be initiated at the Court of First Instance, regardless of whether costs arise from first instance or appeal (R. 150 et seq. RoP): The cost determination procedure under Rules 150 et seq. RoP is a separate proceeding that must be filed with the Court of First Instance. The RoP does…

  • Court of Appeal, March 27, 2026, Decision, UPC_CoA_409/2025, UPC_CoA_410/2025, UPC_CoA_420/2025

    Logging into the UPC’s Case Management System does not constitute an “entering of an appearance” to establish jurisdiction under the Brussels Ia Regulation.: The mere access to the file, before any active step or defense, is however not sufficient to establish a deliberate choice regarding the jurisdiction of the UPC. Another step is required in…

  • Court of Appeal, March 30, 2026, Order, UPC_CFI_899/2025

    Failing to contest jurisdiction in first instance forecloses the objection on appeal (Art. 26(1) Brussels I Recast, R. 19.7 RoP).: By not contesting the jurisdiction and competence of the Court in First Instance, the Defendant in first instance has in principle foregone this opportunity on appeal and cannot raise the alleged lack of jurisdiction and…

  • LD Hamburg, March 31, 2026, alignment of deadlines, UPC_CFI_360/2026

    A minor deviation in deadlines for multiple defendants makes a request to align them reasonable for procedural efficiency, as per the court’s discretion under R. 9.3(a) RoP. : Given that the current deadlines would deviate by only 20 days, the defendants’ request for alignment of the time limit for filing the Statement of Defence is…

  • CD Paris, March 30, 2026, Decision, UPC_CFI_258/2025

    The revocation of an independent claim does not automatically affect the validity of unchallenged dependent claims, as the latter may possess autonomous patentability due to additional technical features.: Following the revocation of an independent claim, the patent proprietor may amend the patent to recast surviving dependent claims into independent form, provided the resulting configuration complies…

  • Court of Appeal, March 27, 2026, Order, UPC_CoA_898/2025

    Asserting a patent in a non-registered claim version is not categorically excluded in provisional measures proceedings; admissibility depends on the circumstances of each case (R. 211.2 RoP).: There is no automatic additional burden on the Appellee from assertion of a non-registered version. Whether the specific version is suitable for provisional measures is a case-by-case determination.…

  • LD Duesseldorf, December 10, 2025, Decision, UPC_CFI_316/2024 and UPC_CFI 547/2024

    Recall, removal and destruction generally not applicable in cases of indirect infringement: Orders for recall, removal from the channels of commerce and destruction are generally not considered in cases where products are only challenged on the grounds of indirect patent infringement. (Headnote 1) Claimant must provide sufficient facts to justify award of fixed-rate damages: Although…

  • LD Milan, December 12, 2025, Order on Service in China, UPC CFI_766/2024

    The Hague Service Convention is applicable in the UPC system regardless of any additional national requirements : The Article 15(2) of the Hague Service Convention is entirely applicable in UPC System, regardless of any additional requirements for service within each Member State. Indeed: (i) the service system in the UPC is uniform; ii) participating Members…

  • LD Munich, December 12, 2025, Order on Security for Costs, UPC_CFI_525/2025

    Security for costs for Taiwanese company may be ordered: Security for costs application against a claimant company established in Taiwan can be accepted as the facts provided in the case indicate that enforcing a cost decision in Taiwan would be at least unduly burdensome especially because neither Taiwanese legislation nor any international agreement provide certainty…

  • LD Munich, August 22, 2025, Decision, UPC_CFI_248/2024

    Indications of purpose in a device claim: 1. Indications of purpose in a device claim regularly define a device in such a way that it must be suitable for use for the function and purpose specified in the patent claim. 2. If a device claim contains an indication of purpose, the only factor relevant for…

  • LD Hamburg, February 19, 2025, Decision, UPC_CFI_58/2024

    Interpretation of Claims: When interpreting a claim, in addition to its wording, the application instructions and express disclosures in the description of the patent specification must be taken into account (headnote 2). Division LD Hamburg UPC number UPC_CFI_58/2024 Type of proceedings Infringement proceedings (and counterclaim for revocation) Parties Claimant: Lionra Technologies Ltd. Defendants: Cisco Systems…

  • LD Duesseldorf, October 30, 2024, Procedural Order, UPC_CFI_355/2023

    R. 36 RoP: Filing of Pleadings Beyond Time Limits Specified in RoP Possible: The fact that the claimant has only one opportunity to submit written observations on the right of prior use is a consequence of the Rules of procedure and the time limits laid down therein. However, in order to give the claimant the…

  • LD Duesseldorf, October 31, 2024, Decision, UPC_CFI_373/2023

    Preferred Embodiments Not Limiting for Claims: The claim must not be limited to the scope of preferred embodiments. The scope of a claim extends to subject-matter that the skilled person understands as the patentee’s claim after interpretation using the description and drawings. A claim interpretation which is supported by the description and drawings as a…

  • CD Paris, July 29, 2024, Decision concerning the revocation action No. ACT_555899/2023, UPC_CFI_263/2023

    Admissibility of defense with non-attacked claims: The request to amend the patent which concerns both claims challenged by the revocation action and claims not challenged by it is inadmissible (only) with regard to these latter claims. Defense with features from non-attacked claims admissible: In a situation in which the patent is not entirely attacked, the…

  • CoA Luxembourg, July 29, 2024, Order concerning service of a Statement of claim, UPC_CoA_69/2024 & UPC_CoA_70/2024

    Service in China or Hong Kong: A defendant company in China or Hong Kong cannot be served a Statement of claim by email to a person who is not authorised to accept service. Neither can such service be made by public service in the form of a written notice to be displayed in the publicly…

  • LD Duesseldorf, July 30, 2024, Procedural order concerning confidentiality, UPC_CFI_457/2023

    Intervener is party to the proceedings with corresponding option to request confidentiality: Unless ordered otherwise by the Court, the intervener shall be treated as a party in accordance with Rule 315.4 RoP. Just like a party, the intervener therefore has the option to file a confidentiality request concerning the information contained in the pleadings submitted…