• CoA, August 3, 2026, order concerning penalty orders, UPC-CoA-28/2026

    If the Court of Appeal revokes a first-instance decision in merits proceedings in which orders were granted under recurring penalty payments, the revocation has retroactive effect and the order must be regarded as never having had any legal effect. : The revocation of an order of the Court of First Instance granting a permanent injunction…

  • LD Paris, July 30, 2026, order concerning a preliminary objection, UPC-CFI-1901/2026

    Re lis pendens (Art. 29 Brussels I recast): – Here, the UPC was not “the court first seized” based on the date on which the application for provisional measures was filed before the UPC.– The earlier application for provisional measures before the UPC and the later filed national French action for revocation of the SPC,…

  • LD Düsseldorf, May 4, 2026, review of an order to preserve evidence, request for the expert’s recusal, UPC_CFI_1696/2025

    There is a basis for concern regarding an expert’s bias if – from the perspective of a knowledgeable and reasonable observer – certain circumstances give rise to justified doubts as to the expert’s impartiality or independence i.e., there is a likelihood that the expert’s decision will be influenced by factors other than the aforementioned duties.:…

  • LD Düsseldorf, May 4, 2026, revocation of an order on inspection and evidence preservation, UPC_CFI_885/2025

    An order for the preservation of evidence shall be revoked or otherwise cease to have effect if the applicant does not start proceedings on the merits before the court within a period of 31 calendar days or 20 working days from the date specified in the court order (release of expert description). To remedy the…

  • LD Düsseldorf, April 30, 2026, dismissal of confidentiality order, UPC_CFI_351/2024, 595/2024

    A party may make an application for a confidentiality order pursuant to R. 262A.1 RoP if it is seeking protection for information that it is required to disclose under the operative part of a court decision. However, the application must be made during the proceedings on the merits if it can be reasonably foreseen that…

  • LD Düsseldorf, May 7, 2026, refusal of provisional measures, UPC_CFI_1927/2025, 1928/2025

    Re urgency requirement in case of provisional measures: – Applicant’s burden to present/prove: the gaining of knowledge of the infringing embodiment, the potential infringement, and its prompt verification. – Defendant’s burden to present/prove: the evidence from which it can be inferred that the applicant must have had prior knowledge and from which hesitant conduct can…

  • LD Paris, January 16, 2026, decision on the merits, UPC_CFI_702/2024, UPC_CFI_369/2025

    Action on Infringement of Swiss part of European patent (non-UPC, Lugano Convention state): In view of the CJEU decision BSH vs Electrolux, the UPC does not have jurisdiction to rule on the validity of the Swiss part of the EP (non-UPC state, Lugano Convention). But it can rule on infringement unless there is a reasonable…

  • Court of Appeal, October 2, 2025, decision, UPC_CoA_764/2024, 774/2024

    Added matter standard – directly and unambiguously derivable: Whether the subject matter of the granted claim extends beyond the content of the application as originally filed is determined by considering what information a person skilled in the art, based on objective considerations and referring to the filing date and using its general technical knowledge, would…

  • CoA, July 15, 2025, review of orders to preserve evidence, UPC_CoA_327/2025, UPC_CoA_002/2025

    A request for preserving evidence does not require that this measure is sought without unreasonable delay. : It is necessary to distinguish between the assessment of urgency in the context of an application for preserving evidence (R. 194.2(a) RoP) and the assessment of urgency in the context of an application for provisional measures (R. 209.2(b)…

  • CD Paris, July 16, 2025, order on confidentiality, UPC_CFI_484/2025

    Information on litigation costs does not justify confidentiality order vis-à-vis parties (R. 262A), but shall be treated confidential vis-à-vis the public (R. 262.2 RoP). : The information regarding the litigation costs does not concern the main subject matter of the (revocation) proceedings and does not directly influence claimant´s business activities. Defendant has a right to…

  • President of the CFI, July 16, 2025, order on change of language of the proceedings, UPC_CFI_351/2025

    For language of the proceedings, particular consideration is attached to defendant’s working environment and communication channels by which legal and technical departments are expected to provide support in preparing their defence on the alleged infringement. : When deciding on an application to change the language of the proceedings to the language in which the patent…

  • LD Munich, March 11, 2025, Order, UPC_CFI_201/2024

    Timely lodging of statement of claim upon order of provisional measures: payment of court fees relevant (not timing of receipt): The applicant of provisional measures has to “start proceedings on the merits” of the case within 31 calendar days (or 20 working days, whichever is longer) from the date specified in the Court’s order (R.…

  • LD Mannheim, March 11, 2025, orders, UPC_CFI_159/2024, UPC_CFI_162/2024

    If infringement proceedings are ready for decision with regard to single national parts, decision should not be withheld if this would delay enforcement: This decision has gained relevance in light of the recent decisions on the long-arm jurisdiction (cf. CJEU, BSH v Electrolux (C-339/22); UPC LD Dusseldorf, Fujifilm v Kodak (UPC_CFI_355/2023) according to which the…

  • LD Mannheim, March 11, 2025, decisions, UPC_CFI_159/2024, UPC_CFI_162/2024

    Infringement of traditional European patents (“bundle patents”): The applicable substantive law depends on whether the act was committed after the entry into force of the UPCA on June 1, 2023 (then UPCA), before (then national laws), or is “ongoing” (then generally UPCA with exceptions).: If the assertedly infringing act was committed after the entry into…