UPC Decisions
- Brussels Local Division
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- Milan Local Division
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LD The Hague, September 11, 2025, Order on provisional measures based on equivalence, UPC_CFI_479/2025
Infringement by equivalent embodiment likely: The challenged embodiments comprised an L-shaped strip that was made of plastic, not of metal. The patent claimed an “L-shaped metal strip”. The Court applied the test for equivalence adpoted in Plant-e v. Arkyne (LD The Hague of 22 November 2024, UPC_CFI_239/2023). It found equivalent infringement more likely than not.…
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LD Mannheim, September 12, 2025, Decision, UPC_CFI_338/2024
Direct infringement when supplying set of components: If the patent-protected product is specifically designed to easily assemble its components at the place of use without the addition of further items, the mere offering or supplying of all components already constitutes a direct patent infringement within the meaning of Art. 25(a) UPCA. Direct infringement when supplying…
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LD Mannheim, September 16, 2025, order on the production of evidence, UPC_CFI_247/2025
Production of license agreements in FRAND context ordered.: Pursuant to R. 190 RoP and taking into account the stage of the proceedings, the production of license agreements was ordered insofar as the claimant agreed to submit the license agreements specified by it but could not receive the consent of its respective contractual partners to submit…
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LD Mannheim, September 12, 2025, Order of the President of the Court of First Instance, UPC_CFI_481/2025
Key takeaway If the language of proceedings shall be changed and the parties’ interests are weighed, the defendant’s interests shall prevail in the event of equal outcome.: In the event that the weighing of interests of the defendant and the claimant results in a draw, the position of the defendant – having not initiated the…
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LD Paris, September 17, 2025, Procedural Order, UPC_CFI_697/2025
Key takeaway Appropriate length of objection is related to length of application for provisional measures.: The application filed had a length of 30 pages. Even though two intellectual property titles (a patent and its corressponding supplementary protection certificate) are at issue, the 470-page objection filed by the respondent was held to be inappropriate in the…
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LD Duesseldorf, September 12, 2025, procedural order on further exchanges of written pleadings, UPC_CFI_733/2024
Strict requirement for R. 36 RoP application for written submissions beyond those foreseen in the Rules: The correct means to introduce written pleadings outside the regime provided for in the Rules of Procedure is an application pursuant to R. 36 RoP. Such an application must be made prior to the date on which the judge-rapporteur…
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LD Duesseldorf, September 12, 2025, procedural order on subsequent application to amend patent, UPC_CFI_733/2024
Proportionality, flexibility, fairness, and equity are criterions for exercising discretion on admission of subsequent application to amend the patent: In exercising its discretion pursuant to R. 30.2 RoP, the court assesses whether an admission of a subsequent application to amend the patent complies with the principles of proportionality, flexibility, fairness, and equity. Substantial and specific…
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LD Milan, September 5, 2025, Confirmation of settlement, UPC_CFI_202/2025
No Reimbursement of Court Fees Following Settlement in Provisional Measures Proceedings: The LD Milan aligns with the LD Mannheim (see UPC CFI no. 500/2025, order of 28 August 2025, LD Mannheim) in holding that reimbursement of court fees is not granted following a settlement in proceedings for provisional measures, irrespective of the stage the proceedings…
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LD Düsseldorf, September 9, 2025, confidentiality order, UPC_CFI_100/2024, UPC_CFI_411/2024
No disclosure of confidential information in parallel national proceedings: In response to a request for confidentiality, the respondents asked the Local Division Düsseldorf to permit the disclosure of confidential information in parallel proceedings between the same parties at the Regional Court of Munich I (case no. 7 O 3152/24). The information was related to standing…
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CoA, August 20, 2025, order on leave of appeal, UPC_CoA_380/2025
UPCA and RoP are not subject to interpretation by the CJEU: The UPC must interpret its own substantive and procedural law in accordance with EU law and, in the rare cases where such interpretation is not possible, must of its own motion refrain from applying any provision or practice that conflicts with a provision of…
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CoA UPC, August 15, 2025, order on suspensive effect, UPC_CoA_737/2025
No evident error if decision’s reasons are not yet available: Suspensive effect of an appeal may be granted if the order against which the appeal is directed is evidently erroneous. No evident error can be identified in the contested decision if the reasons for the decision are not yet available. The assumption of an evident…
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CoA, order of August 15, 2025, order on suspensive effect, UPC_CoA_740/2025
Application for suspensive effect is inadmissable if no appeal is filed: It is not possible to apply for suspensive effect before an appeal is lodged. This follows from Art. 74 (1) UPCA stating that an appeal has no suspensive effect unless decided otherwise by the CoA. In cases of extreme urgency the applicant may apply…
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CoA, August 21, 2025, procedural order, UPC_CoA_764/2024
No further written submissions after the oral hearing: Pursuant to R. 36 RoP, the judge-rapporteur may, upon a reasoned request by a party submitted before the closure of the written procedure, allow the exchange of further written submissions. After this point, there is no basis for submitting additional written submissions, particularly not without prior approval…
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LD The Hague, August 18, 2025, Order, UPC CFI 191/2025 & UPC CFI 192/2025
The scope of a review under R. 333 RoP is marginal and limited to the reasoned grounds submitted by the applicant: When reviewing a Judge-Rapporteur’s order, the full panel will not re-examine the entire decision but will confine its assessment to the specific, substantiated grounds for review raised by the applicant. Issues not challenged in…
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CoA, August 21, 2025, order on simultaneous interpretation, UPC_CoA_317/2025
Request for simultaneous interpretation pursuant to Rule 109.2 RoP must be justified: In the absence of any consent by the Court to hear witnesses or experts at an oral hearing in a language other than the language of the proceedings, and absent any interpretation need for the judges, a request for a court-arranged simultaneous interpretation…
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LD Munich, August 19, 2025, Procedural Order, UPC_CFI_319/2025
The court may separate proceedings against multiple defendants on its own initiative to ensure procedural efficiency, especially when service is delayed on some defendants (Rule 303.2 RoP): When service was completed for two defendants but not for two others, the court found it unreasonable to delay the action and ordered a separation to avoid stalling…
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LD Düsseldorf, September 3, 2025, Order, UPC_CFI_449/2025
The application for a default decision merely supplements, but does not replace, the main application for a PI and other provisional measures: Under R. 209.1(a) RoP, the Court notifies the defendant of an application for provisional measures and invite objections. If the defendant does not respond or declines to substantiate objections, the Court may decide…
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