• Court of Appeal, July 3, 2025, order re. appeal against cost decision, UPC_CoA_153/2025

    The cost decision after the withdrawal of an action (or a request for provisional measures) is made in accordance with the general regulations in Rules 150 et seqq. RoP.: According to Rule 265.2(c) RoP, the Court shall “issue a cost decision in accordance with Part 1, Chapter 5” in case a withdrawal is permitted. This…

  • LD Munich, July 3, 2025, infringement action, UPC_CFI_448/2025

    Change of language of proceedings prioritizes fairness and the defendant’s position: The language of proceedings may be changed to the language in which the patent was granted if fairness and the defendant’s situation so require. The defendant’s position is decisive, especially where both parties are international and English is the common business and technical language.…

  • Court of Appeal, July 3, 2025, revocation action, UPC_CoA_178/2025

    Separate court fees are required for appeals in revocation actions and counterclaims for revocation: Revocation actions and counterclaims for revocation are treated as separate actions, even if jointly decided in a single document by the Court of First Instance. Each action requires its own appeal fee. Withdrawal of actions is permitted before a final decision:…

  • LD Munich, June 27, 2025, infringement action, UPC_CFI_148/2024, UPC_CFI_503/2024

    Single closure date for written procedure ensures fairness and efficiency: The Court confirmed that only one closure date for written submissions is permitted, rejecting the defendant’s request for separate dates for infringement and revocation proceedings. Admissibility of amended requests and burden of proof addressed: The Court found that any uncertainty about which requests and arguments…

  • LD Mannheim, June 27, 2025, request for time extension, UPC_CFI_344/2025

    Harmonization of time limits is justified for efficient case management in multi-defendant cases: The Court aligned time limits for statements of defense for defendants represented by the same counsel and with close corporate ties to avoid procedural complications and promote efficiency. Harmonized time limit for statements of defense also applies to any counterclaim for revocation:…

  • LD Munich, July 3, 2025, procedural order on security for costs (R. 158 RoP), UPC_CFI_127/2024 et al

    Even if the Defendant of an infringement action is, formally, at the same time the Claimant of a counterclaim for revocation, they are entitled to a security also for procedural costs caused by filing the counterclaim for revocation pursuant to Art. 69(4) UPCA and Rule 158.1 RoP.: According to the Court of Appeal’s decision in…

  • LD Munich, July 2, 2025, procedural order on security for procedural costs (R. 158 RoP), UPC_CFI_245/2025

    An intervener on the Defendant’s side does not have to provide security for procedural costs pursuant to Rule 158 RoP. : While the intervener is to be treated as a party pursuant to Rule 315.4 RoP and may be liable for cost reimbursement as such, this is a different question from whether they have to…

  • LD Düsseldorf, June 30, 2025, order on reimbursement of Court fees, UPC_CFI_504/2023

    Oral procedure is closed in the meaning of Rule 370.9 (c) RoP with the closure of the oral hearing.: Rules 111 to 119 RoP do not include a definition of the closure of oral procedure. However, it follows from Rule 111 (b) RoP, which stipulates that the Presiding Judge shall “ensure that the action is…

  • LD Duesseldorf, March 26, 2025, evidence preservation measures, UPC_CFI_260/2025

    Ex parte inspection order granted to preserve evidence at a trade fair: The Court granted an ex parte order for inspection and evidence preservation under Article 60 UPC and Rules 194, 196, 197, and 199 RoP. The Applicant successfully argued that the inspection was urgent due to the limited availability of the allegedly infringing products…

  • LD Paris, March 21, 2025, procedural order on preliminary objection, UPC_CFI_702/2024

    The UPC has jurisdiction to rule on alleged infringement of European patents in non-contracting states: Infringement actions can only be brought with respect to countries where the patent is in force, which includes not only countries where a Unitary Patent is in force but also validations of European patents in non-signatory countries. (Art. 24(4) Regulation…

  • CD Milan, March 27, 2025, procedural order on application to intervene, UPC_CFI_698/2024

    Parallelism between two cases or the allegation that the outcome of a judgment has a directimpact on another does not establish a legal interest to intervention pursuant to RoP 313. : The intervener must demonstrate a direct and present legal interest in the specific outcome sought by the supported party, a mere “guiding effect” on…

  • LD Düsseldorf, March 21, 2025, UPC_CFI_76/2024, order on withdrawal of complaint, UPC_CFI_76/2024

    Cost reimbursement in case of withdrawal of infringement action and counterclaim for revocation : If the infringement action and the counterclaim for revocation are withdrawn by the parties, 60% of the court fees can be reimbursed Division Local Division Düsseldorf UPC number UPC_CFI_76/2024 Type of proceedings Infringement action, counterclaim for revocation Parties Claimant: Hand Held…

  • LD Mannheim, March 27, 2025, request for information, UPC_CFI_471/2023

    Request to determine that information is not relevant to the decision is inadmissible: The Court found that an application to declare requested information is not relevant to the decision is inadmissible. The decisiveness of the requested information can only be determined after oral proceedings, assessment of the patent’s validity and the sufficiency of the arguments…

  • LD Brussels, March 21, 2025, order on application for provisional measures, UPC_CFI_582/2024

    Rule 19.1(b) RoP does not apply to objections to provisional measures due to their expedited nature : The preliminary objection pursuant to R. 19.(b) RoP relates to proceedings on the merits. This is based on procedural economy and the (extended) timeframe within which theparties in infringement actions, revocation actions and actions for declaration of non-infringement…

  • CoA Luxembourg, March 24, 2025, procedural order UPC_CoA_835/2024

    Submissions after the conclusion of written proceedings are not admissible: Additional grounds of appeal that are not raised within the time limit for the statement of grounds of appeal provided for in R. 224.2 RoP are inadmissible, R. 233.3 RoP A further exchange of written pleadings may be permitted at the reasoned request of a…

  • Court of Appeal, March 26, 2025, allocation of costs, UPC_CoA_290/2024

    Prevailing claimant to exceptionally bear costs: An exception to the general rule of Art. 69 (1) UPCA, which requires the unsuccessful party to bear the reasonable legal costs and expenses of the successful party, applies if a claimant files a revocation action without the patent holder prompting it and the holder surrenders the patent immediately…

  • LD Mannheim, March 26, 2025, file inspection, UPC_CFI_210/2023

    File inspection granted to a limited extent: The applicant’s request for file inspection (applicant: a partnership of lawyers under German law specializing in intellectual property law invoking a general interest in information in order to gain a better understanding and knowledge of proceedings before the UPC) is granted to a limited extent in accordance of…