UPC Decisions
- Brussels Local Division
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LD Mannheim, August 6, 2025, procedural order, UPC_CFI_336/2025
Confidentiality of attorney billing records in cost proceedings (Rule 262A RoP, Art. 58 UPCA): Information about the detailed breakdown of lawyers’ hours worked is considered confidential, as such information is protected by attorney-client privilege. Access restrictions to confidential information cannot be limited to legal representatives alone without consent (Rule 262A.6 RoP): Restricting access to confidential…
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CD Paris, July 28, 2025, decision in revocation action, UPC_CFI_239/2024
Claim construction: While terms used in patent documents should be given their normal meaning in the relevant art, the description and the drawings, when considered in the context of document’s contents and not in isolation, may give these terms a different meaning. In the case at hand, the Court affirmed, applying this principle, that according…
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LD Mannheim, July 25, 2025, Procedural Order on Enforcement of Saisie Order, UPC_CFI_636/2025
Saisie Order is Limited to Systems and Evidence Physically Available at Designated Premises: The inspection may only cover what is physically present at the premises explicitly named in the court order. A defendant is not obliged to grant access to systems or data stored outside the specified premises, nor to coordinate with personnel or infrastructure…
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LD Mannheim, July 29, 2025, Order on Request to Dismiss Infringement Action Due to Lack of Domestic Representative
Domestic Representative under German Patent Act Not Required for UPC Proceedings: The LD Mannheim clarified that Section 25(1) of the German Patent Act (GPA), which requires foreign patentees to appoint a domestic representative for proceedings before German authorities, does not apply to infringement actions before the UPC. The Court emphasized that the UPC is governed…
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LD Düsseldorf July 30, 2025 Decision on merits, UPC_CFI_26/2024
Late filed argument based on known document: The Court can reject a new line of arguments pursuant to R. 9.2 RoP in a case where the issue has been raised from the outset and the new argument is based on completely different passages of a lengthy document. Neither the Court nor the other party may…
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LD Mannheim, July 23, 2025, order on penalty payments, UPC_CFI_365/2023
Penalties should be proportionate to the value of the dispute and the level of non-compliance: The Court considered the proportionality of the penalties in relation to the value of the dispute (€15,000,000) and the defendants’ actions. The penalty system aims to encourage compliance while allowing for increasing sanctions for continued violations. Neither R. 354.3 or…
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CoA, July 9, 2025, order, UPC_CoA_430/2025
Case management orders, such as orders concerning security for costs, require panel review before appeal: R. 333.1 RoP mandates that case maagement orders issued by the judge-rapporteur (e.g. security for costs orders) must be reviewed by the panel of the CFI before an appeal to the CoA is admissible: Judge-rapporteur’s decision to grant leave to…
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CoA, July 9, 2025, order concerning security for costs, UPC_CoA_431/2025
Failure to lodge Statement of response within the time limit of R. 235.2 RoP: Under R. 9.2 RoP the Court may disregard any step, fact, evidence or argument which a party has not taken or submitted in accordance with a time limit. The CoA will, however, have to examine whether the grounds of appeal are…
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Court of Appeal, July 22, 2025, decision on withdrawal of cost assessment application, UPC_CoA_845/2024
Jurisdiction for Cost Assessment: The Court of Appeal clarified that the Court of First Instance has exclusive jurisdiction over cost assessment applications. The applicant had mistakenly filed the application with the Court of Appeal instead of the competent Local Division. The Court of Appeal allowed the applicant for cost assessment to withdraw their application without…
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LD Mannheim, July 21, 2025, order on harmonization of time periods, UPC_CFI_79/2025
Harmonizing Time Limits in Joint Proceedings: When a counterclaim for revocation (CCR) is filed jointly with a statement of defense, the time limit for responding to the CCR begins only after the claimant receives the substantive content of the CCR. This ensures procedural fairness and alignment between the infringement and revocation proceedings. Division Local Division…
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LD Munich, July 22, 2025, order on evidence preservation and inspection, UPC_CFI_63/2025
Deadline Length vs. Starting Point: The court clarified the distinction between a deadline’s length and starting point under Rule 198.1 RoP. While the length is prescribed, the court can determine the starting point, especially considering the expert report’s due date (Rule 196.4 RoP). Discretion to Change Starting Point: The court can adjust the starting point,…
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LD Paris, July 22, 2025, order on joinder of infringement actions, UPC_CFI_132/2025, UPC_CFI_130/2025
Joinder of Infringement Actions: Parallel infringement cases concerning the same patent and product were joined under Rule 302 RoP for efficient case management. Division Local Division Paris UPC number UPC_CFI_132/2025 UPC_CFI_130/2025 Type of proceedings Place type of proceedings Parties Place parties Patent(s) Place patent(s) Jurisdictions Place jurisdictions Body of legislation / Rules Rule 5 RoP,…
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CD Milan, July 22, 2025, decision by default on the revocation action, UPC_CFI_597/2024
Default Judgment on Revocation: Failure to comply with a court order (Rule 158 RoP) for security for costs can result in the dismissal of a revocation action by default (Rule 355.2 RoP), especially when the opposing party requests it. Non-compliance with a legally issued order and a request by a party are prerequisites for a…
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Court of Appeal, July 23, 2025, order on withdrawal of appeal, UPC_CoA_526/2025
Withdrawal of Appeal and Partial Reimbursement of Fees: The Court allowed the appellant to withdraw their appeal after an out-of-court settlement, as the respondent consented and had no further legitimate interest in the proceedings (R. 265 RoP). The appellant received a 60% reimbursement of appeal court fees, as the withdrawal occurred before the written proceedings…
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LD Mannheim, July 24, 2025 order on value in dispute in the case of a FRAND counterclaim, UPC_CFI_850/2024
The value in dispute for FRAND counterclaims is not limited to the value in dispute of the infringement action: A FRAND counterclaim expands the subject matter beyond the infringement action, especially if not limited to the patent-in-suit, and its value is determined by the scope of the license sought. Therefore, the introduction of a FRAND…
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LD Mannheim, July 18, 2025, order on infringement claims relating to UK, UPC_CFI_359/2023
The UPC does not have jurisdiction to revoke the validated national part of a European Patent in relation to the United Kingdom with erga omnes effect: According to the ECJ’s ruling in BSH Hausgeräte, the court of the Member State of the European Union in which the defendant is domiciled (Article 4(1) Brussels Ia Regulation)…
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LD Mannheim, July 18, 2025, order on infringement claims relating to UK, UPC_CFI_365/2023
The UPC has jurisdiction to decide upon the infringement of the UK part of a EuropeanPatent: This applies as far as the infringement action relates to acts infringing the UK national part of the patent-in-suit. Whether infringement is given and an injunction and/or other measures can be granted has to be assessed under UK law.…
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