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LD Düsseldorf, October 22, 2026, decision, UPC_CFI_47/2025, UPC_CFI_68/2025
Claims introduced for the first time during the interim proceedings in the infringement action, based on the scope of the patent in dispute within the framework of the auxiliary requests and the related submission of facts, are not admissible: The claimant sought, for the first time during the interim procedure, to extend its infringement allegations…
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CoA, October 21, 2026, order on the admissibility of appeals, UPC_CoA_149/2026, UPC_CoA_150/2026
An application to change the language of proceedings before the Central Division is not a claim but an exceptional procedural application (Art. 49(6) UPCA, R. 334(h) RoP): According to established case law, the term “case-management decision or order” (R. 333.1 RoP) is to be interpreted broadly. The rejection of an application to change the language…
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CoA, August 5, 2026, order on an application for suspensive effect, UPC_CoA_118/2026, UPC_CoA_119/2026, UPC_CoA_120/2026
Admissibility of appeals requires that the appellant is adversely affected by the first-instance decision under Art. 73(2) UPCA and R. 220.1 and 220.2 RoP.: An appeal by the claimant is inadmissible if the first-instance order did not rule on the admissibility of the counterclaim against the claimant, but only against the intervener. The claimant is…
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LD Munich, August 6, 2026, Cost Decision, UPC_CFI_1569/2025
A request to raise or lower the ceiling for recoverable costs must be clear and explicit.: A request to adjust the cost ceiling (Article 2(4) of the Decision of the Administrative Committee of 24 April 2023 on the scale of recoverable costs ceilings) is only deemed to have been made if it is clear and…
