UPC Decisions
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LD Düsseldorf, November 17, 2025, application to withdraw infringement action (R. 265 RoP), UPC_CFI_541/2025
Practical guidance on withdrawing an action against a single defendant in a multi-party case: The claimant had filed an infringement suit against two entities, Wizart Inc. and Wizart LLC. However, after facing difficulties serving the claim and being informed by the first defendant that the second was a “non-existent company,” Leap Tools moved to withdraw…
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LD Düsseldorf, November 17, 2025, order re inspection and preserve evidence, UPC_CFI_885/2025
The court ordered the full disclosure of an expert’s inspection report to the patentee because the defendant failed to identify any trade secrets within the given deadline, confirming that parties must actively claim confidentiality to receive protection: Following a court-ordered inspection (saisie-contrefaçon) at a trade fair, an independent expert prepared a detailed report on the…
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LD Düsseldorf, November 19, 2025, order re confidentiality (R. 262A RoP), UPC_CFI_539/2024
In response to confidentiality interests asserted by the respondent to an application for preservation of evidence (the alleged infringer), the court may order a partial redaction of the expert report before its release to the applicant (the patent holder): The court mandated the redaction of specific commercial data. This includes prices and order quantities, which…
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Court of Appeal, November 7, 2025, UPC_CoA_579/2025
Experimental data which are not disclosed in the patent specification are, as a general rule, not relevant to the interpretation of the patent claims.: The court confirms the principles on claim construction: The patent claim is not only the starting point but the decisive basis for determining the protective scope of a European patent under…
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LD Düsseldorf, November 11, 2025, UPC_CFI_515_2025
Proper service of application of provisional measures when service via the official route fails: If an application for provisional measures is to be served under the Hague Convention, and the authority responsible for the service does not effect service for several months, the Court may deem the steps taken so far sufficient for proper service.…
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LD Brussels, November 12, 2025, UPC_CFI_407/2025, UPC_CFI_408/2025
Pursuant to R. 197.1 RoP, the Court may order measures to preserve evidence without the defendant having been heard. R. 197.3 RoP specifies a review process by the defendant. The LD Brussels finds that this review is a two-step process: (1.) Was the ex parte order rightly issued considering the facts and evidence brought forward…
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LD Düsseldorf, October 31, 2025, order of the court of first instance, UPC_CFI_630/2025
Realization of technical effects and “inferior embodiments”: When an attacked embodiment realizes all structural features of a device claim and the claim does not require the realization of a particular technical effect, the claim is infringed regardless of whether the composition of the structural features in the attacked embodiment achieve a technical effect intended by…
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LD Hamburg, November 5, 2025, Decision Regarding Infringement and Counterclaim for Revocation, UPC_CFI_461/2024, UPC_CFI_718/2024
The “same invention” test for priority (Art. 87 EPC) equals the standard for added matter, confirming a consistent disclosure standard across the UPC.: The Court confirmed the recent Dusseldorf LD decision (UPC_CFI_115/2024, Decision of 15 October 2025) that for purposes of determining the correct priority date, the same standard applies as for added matter, as…
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Court of Appeal, October 31, 2025, Order, UPC_CoA_755/2025 & UPC_CoA_757/2025
A stay under R. 21.2 RoP requires an appeal against a preliminary objection decision.: The Court of Appeal denied the appliant’s request to apply R. 21.2 RoP (stay of the proceedings if an appeal is lodged), as the only existing appeal concerned a different matter (confidentiality) and no appeal on the preliminary objection existed. The…
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Court of Appeal, November 5, 2025, decision of the court of appeal, UPC_CoA_762/2024 and UPC_CoA_773/2024
Substantive content of application filed in non-EPO language: If an (international) patent application is filed in a non-EPO language, the filing of the translation of the application into the language of the proceedings will define the substantive content of the application with regards to the requirements of inadmissible amendments under Art. 123 (2) EPC. The…
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CD Milan, October 23, 2025, revocation action, UPC_CFI_497/2024
The Court may limit its review to the “most promising” attacks: A high number of undifferentiated attacks suggests a lack of strategy, and the Court is not required to remedy this by choosing one that suggests greater or lesser success of the attack. Nor is the Court required to establish a hierarchical or conceptual order…
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CoA, October 30, 2025, order on application for security for costs, UPC_CoA_8/2025
An application for security for costs may be filed after the summon for oral hearing has been issued: An application for a security for costs may be filed at any time during proceedings (R. 158.1 RoP first sentence) and may equally be filed in first instance and appeal proceedings (UPC_CoA_328/2024, Order of 26 August 2024,…
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LD Hamburg, October 21, 2025, order in the proceedings for provisional measures, UPC_CFI_553/2025
Competence of LD Hamburg, Art. 33 (1) lit. a UPCA: imminent infringement: To establish jurisdiction, at least the plausible allegation of infringing acts in the country in question is necessary. A situation of imminent infringement may be characterised by certain circumstances which suggest that the infringement has not yet occurred, but that the potential infringer…
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LD The Hague, October 21, 2025, decision by default, UPC_CFI_499/2024, ACT_48877/2024
Decision by default: According to R. 355.2 RoP, a decision by default against the defendant may only be given where the facts put forward by the claimant justify the remedy sought and the procedural conduct of the defendant does not preclude to give such decision. In view of this, LD The Hague stated that it…
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CD Paris, October 20, 2025, revocation action and counterclaim for infringement, UPC_CFI_189/2024, UPC_CFI_434/2024
Inventive step analysis: objective problem, realistic starting points (more than one is possible), obviousness (Art. 56 EPC): The assessment of the inventive requires the following three steps: 1.) Identification of the objective problem underlying the claimed invention, which must be carried out in light of the patent’s specification. The problem should be identified in an…
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LD The Hague, October 22, 2025, provisional measures, UPC_CFI_587/2025
The need for a certain amount of time to assess infringement does not generally constitute an unreasonable delay in seeking provisional measures (R. 211.4 RoP): In March 2025, the extent to which the claims would be upheld was decided in the oral hearing of the opposition proceedings before the EPO. The Proprietor then purchased the…
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LD Düsseldorf, October 17, 2025, Order in the proceedings for provisional measures, UPC_CFI_515/2025
Regular order in the PI proceedings (no decision by default) if the defendant does not lodge an objection within the deadline set by the Court: The Court may issue a regular order for provisional measures based on the application for provisional measures, rather than a decision by default, when a defendant chooses not to lodge…
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