UPC Decisions
- Brussels Local Division
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- Vienna Local Division
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Court of Appeal, April 16, 2026, Order, UPC_CoA_54/2026
The appeal period only starts once the Court of First Instance issues a reasoned decision (Art. 77(1) UPCA, R. 224.1(a) RoP).: Referring to R. 224.1 (a) RoP and Art. 77 (1) UPCA, the CoA held that the grounds of the decision are indispensable for the appellant in order to formulate the remedy soughtpusuant to R.…
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LD Paris, April 16, 2026, Infringement Action and Counterclaim for Revocation, UPC_CFI_138/2025, UPC_CFI_522/2025
Party-affiliated affidavits are valuable technical information but lack the probative value of independent expert opinions (R. 181(2) RoP).: Both parties submitted affidavits from current or former employees. The Court treated these as witness statements rather than expert opinions, but nonetheless considered them valuable technical information from persons with industry experience in the relevant technical area.…
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LD Mannheim, April 16, 2026, Infringement action and Counterclaim for revocation, UPC_CFI_819/2024 and UPC_CFI_414/2025
Claim construction: The patent is its own lexicon, “purposive non-use” excludes intent not contamination, and claim features can be technically interdependent.: The term “alkali-free” was interpreted not as a complete absence but as a concentration below a specific threshold defined in the patent itself. The prohibition on “using neither arsenic nor antimony” was held to…
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LD Düsseldorf, April 16, 2026, Decision, UPC_CFI_779/2024
For the objective elements of indirect infringement, it is not necessary that both components of the patent claim do exist (Art. 26 UPCA).: Where a patent claim protects a two-component product, the objective elements of indirect infringement are satisfied if the accused component is designed to cooperate with a second component configured in accordance with…
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LD The Hague, April 14, 2026, Procedural Order, UPC_CFI_1612/2025
Classification as confidential if parties agree on confidential nature of the information. : The Court acknowledges the confidential nature of specific information after the claimant did not object to the defendant’s corresponding assertion. A pre-existing broader NDA prevents a party from imposing a narrower confidentiality circle in UPC proceedings.: The Court determined that if confidential…
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LD Lisbon, April 10, 2026, Order, UPC_CFI_858/2025
The assessment of whether an action becomes devoid of purpose (R. 360 RoP) is based on the interest o the party that filed the action. : The court assesses whether an action is devoid of purpose based on the claimant’s legitimate legal interest (R. 360 RoP). The defendant’s interest is not autonomously considered in this…
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LD Paris, April 10, 2026, Procedural Order, UPC_CFI_301/2025
The RoP lack specific pleading rules for a FRAND defence.: Unlike in case of a counterclaim for revocation (R. 29 et seq. RoP) or an application to amend the patent (R. 30 et seq. RoP), where the number and content of the pleadings are precisely set out, the Rules of Procedure do not contain respective…
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LD Brussels, April 14, 2026, Procedural Order, UPC_CFI_1357/2025; UPC_CFI_629/2025
Evidence production applications (Art. 59 UPCA, R. 190 RoP) require four cumulative conditions: reasonably available evidence, specification and control, confidentiality protection, and proportionality.: The requesting party must have presented evidence “reasonably available” in support of its claims. This condition is assessed on a prima facie basis and is twofold, considering(a) whether the requesting party presented…
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LD Düsseldorf, April 10, 2026, Order, UPC_CFI_1110/2025 and UPC_CFI_1111/2025
Costs paid under a first-instance decision are recoverable if that decision is overturned on appeal. The appeal’s outcome invalidates the initial cost order (Rule 151 RoP).: The Court reasoned that the reversal of the main decision removes the legal basis for the initial cost order, making previously paid amounts recoverable in the subsequent cost proceedings.…
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Court of Appeal, April 14, 2026, Order on suspensive effect, UPC_CoA_48/2026
The Court of Appeal can grant suspensive effect to an order pursuant to R. 220.2 RoP as Art. 74 UPCA prevails over R. 223.5 RoP.: The Court confirmed its established case law that in case of a conflict between the UPCA and Rules of Procedure , the UPCA prevails (R. 1.1 RoP), allowing it to…
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LD Paris, April 14, 2026, Procedural Order, UPC_CFI_2070/2025
The UPC lacks international jurisdiction over non-EU/UPC defendants when alleged infringing acts occur exclusively in a third country, as there is no connection to the UPC territory.: Based on Art. 4, 7(2), and 8(1) of the Brussels I bis Regulation, the Court found it was not “appropriate” under Art. 71b(2) to extend jurisdiction, as the…
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LD Paris, April 10, 2026, order on provisional measures, UPC_CFI_1594/2025
Novelty may be destroyed by implicit disclosure where the skilled person would inevitably infer a feature from the prior art (Art. 54, Art. 138(1)(a) EPC).: The lack of novelty need not stem solely from what is explicitly, immediately and unambiguously disclosed in a prior art document. It may also arise from what is necessarily implied,…
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CD Milan, April 10, 2026, Revocation action, UPC_CFI_480/2025
If any legitimate mapping of prior art onto claim features destroys novelty, the patent must be revoked (Art. 54 EPC).: When assessing novelty, the Court will examine the disclosure of the prior art document overall and will compare this disclosure to the scope of the patent-in-suit. If one way of “mapping” leads to the assessment…
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LD Hamburg, April 7, 2026, final order, UPC_CFI_2255/2025
Universal jurisdiction doctrine consolidated: The panel — departing from its own earlier position in Dyson/Dreame I (UPC_CFI_387/2025) and following the Court of Appeal’s ruling (UPC_CoA_789/2025 and UPC_CoA_813/2025) — held that the UPC is a court of a member state within the meaning of Art. 71a BR. Its territory encompasses all Contracting Member States. Consequently, the UPC possesses universal jurisdiction…
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CD Munich, April 8, 2026, Decision, UPC_CFI_280/2025
A realistic starting point in the same technical field does not automatically render the claimed invention obvious (Art. 56 EPC, Art. 65(1)–(2) UPCA).: Even if prior art qualifies as a realistic starting point, it remains relevant for the inventive step assessment that it relates to a different kind of device and solves a different problem…
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Court of Appeal, April 7, 2026, Order, UPC_CoA_21/2026
Security for costs under Art. 69(4) UPCA can only be ordered against the applicant who is initiating proceedings. Never in the applicant’s favour.: An “applicant” is defined as the person who initiates legal proceedings by filing an application. This one-directional mechanism ensures that the party brought involuntarily into proceedings is protected against unrecoverable costs. At…
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Court of Appeal, March 30, 2026, Order, UPC_CoA_12/2026
A party or its representative may prepare a private transcript of an oral hearing, based on an audio recording pursuant to R. 115 RoP. When producing a private transcript, a party or its representative may obtain support of an assistant or support staff, such as a stenographer, working in the presence and under the supervision…
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