UPC Decisions
- Brussels Local Division
- Central Division
- Duesseldorf Local Division
- Hamburg Local Division
- Helsinki Local Division
- Lisbon Local Division
- Local Division
- Luxembourg Court of Appeal
- Mannheim Local Division
- Milan Central Division
- Milan Local Division
- Munich Central Division
- Munich Local Division
- Nordic-Baltic Regional Division
- Paris Central Division
- Paris Local Division
- President of Court of First Instance
- Regional Division
- The Hague Local Division
- Vienna Local Division
-
Court of Appeal, June 26, 2025, order concerning security of costs and disposal of an action that has become devoid of purpose
When an applicant withdraws its request for provisional measures on appeal, the action becomes devoid of purpose. The Court may then dispose of the action under R. 360 of RoP.: The extent of the legal review in relation to costs (Art. 69 (1) UPCA) where the action is disposed of according to R. 360 RoP…
3 min Reading time→ -
LD Munich, June 20, 2025, order on preliminary objection, UPC_CFI_149/2024, UPC_CFI_127/2024
In the case of service outside the UPCA Contracting Member States, preliminary objections must be filed within one month of the actual date of service.: R. 271.6 (b) RoP stating that a statement of claim shall in general be deemed to be served on the addressee on the tenth day following posting does not apply…
4 min Reading time→ -
Contact us personally!
Tips and advice directly from our Unitary Patents professionals.
-
Court of Appeal, June 23, 2025, order concerning an application for the revocation of provisional measures, UPC_CoA_286/2025
Court fees are considered paid on time if the transfer order is given to the bank when lodging the pleading or application, provided the payment is subsequently received.: This interpretation of Art. 70(2) UPCA and R. 371 RoP ensures that the lodging party has control and can easily verify the timely payment. In view of…
2 min Reading time→ -
Court of Appeal, June 20, 2025, order concerning security for costs (R. 158 RoP), UPC_CoA_393/2025
Security for costs can only be requested by defendants, not claimants, in infringement or revocation actions: According to Art 69 (4) UPC Agreement (UPCA), at the request of the defendant, the court may order the claimant to provide adequate security for the legal costs and other expenses incurred by the defendant which the claimant may…
4 min Reading time→ -
LD Düsseldorf, June 16, 2025, decision on infringement, UPC_CFI_140/2024
Reference to dependent claims by the parties for the first time in the oral proceedings for the interpretation of the independent claims may not be late.: The interpretation of a patent claim is a matter of law. The Court must independently construe the claims. The first reference to (further) subclaims at the oral hearing may…
3 min Reading time→ -
CoA Luxembourg, June 19, 2025, application for rehearing, UPC_CoA_402/2024, UPC_CoA_405/2024
The circumstances on which the application for rehearing is based must not already have been know during the first instance or appeal proceedings.: Art. 81(1) UPCA offers the possibility to request a rehearing after a final decision when, it is based on an act which has been held to constitute a criminal offence or in…
7 min Reading time→ -
Court of Appeal, June 6, 2025, decision, UPC_CoA_618/2024
Deadline for filing an application for a cost decision in proceedings re provisional measures : If the successful party wishes to obtain a decision on costs, it must submit an application for the determination of costs within one month of service of the decision. The one-month period for filing an application for the determination of…
3 min Reading time→ -
LD Mannheim, June 6, 2025, Procedural Order in infringement action, UPC_CFI_745/2024
Broad interpretation of motion for damages: A broadly phrased motion for damages can include damages from ancillary transactions, even if not explicitly stated. The court interpreted the Claimant’s initial motion for “all damages” to include profits from sales of sealing materials and service contracts connected to the allegedly infringing machines, based on the Claimant’s arguments…
3 min Reading time→ -
LD Mannheim, June 6, 2025, Procedural Order, UPC_CFI_745/2024 (CCR: UPC_CFI_200/2025)
No special treatment for amendments in counterclaims for revocation: The Rules of Procedure on amendments apply equally to counterclaims for revocation as to infringement actions; no leniency is afforded to counterclaimants. All grounds for revocation and supporting documents must be included with the initial counterclaim. Late-filed prior art faces strict scrutiny: New prior art can…
3 min Reading time→ -
LD Munich, June 6, 2025, decision, UPC_CFI_324/2024, UPC_CFI_487/2024
Burden of proof for non-infringement: If the defendant claims that infringement is impossible due to factors outside the scope of the patent claim, the defendant must prove this. The claimant does not need to address such external factors. In the decision, the defendant unsuccessfully argued that infringement was impossible due to the design of existing…
5 min Reading time→ -
CD Paris, June 9, 2025, order on file inspection, UPC_CFI_309/2023
Access to pleadings and evidence – balancing public access and confidentiality: The order follows the decision of the Court of Appeal in Ocado v Autostore (10 April 2024, UPC_CoA_404/2023, APL_584498/2023, para 43), namely that in a decision on a request under R. 262.1(b) RoP, the interests of a member of the public of obtaining the…
4 min Reading time→ -
Court of Appeal, June 6, 2025, procedural order, UPC_CoA_434/2025
Requirements for suspensive effect of an appeal: An appeal shall only be granted suspensive effect if the circumstances of the case justify an exception. This may be the case for orders of communication of information according to Art. 67 UPCA. However, the risk of irreparable harm, if the suspensive effect is not granted, has to…
3 min Reading time→ -
LD Mannheim, June 6, 2025, Decision, UPC_CFI_471/2023
No equivalent infringement without essentially the same effect : According to all doctrines of equivalence or equivalence tests of the UPC contracting member states, equivalent patent infringement is ruled out if there is no technical-functional equivalence of the substitute means in the sense that the modified means do not perform essentially the same function in…
4 min Reading time→ -
Court of Appeal, May 30, 2025, Orders, UPC_CoA_845/2024, UPC_CoA_50/2025
Appeals and cross-appeals are broadly admissible, but the Court will not worsen the position of the appealing party (reformatio in peius) (Art. 73(2) UPCA, R. 220.1, R. 226(b) RoP).: The Court apportions costs based on the degree of success, considering equity and the reasonableness of the parties’ positions. Orders to communicate information must specify a…
5 min Reading time→ -
Court of Appeal, June 2, 2025, Order, UPC_CoA_156/2025
UPC competence is not temporally limited (Art. 32(1) UPCA).: The Court’s jurisdiction extends to acts of infringement before the UPCA’s entry into force, provided the patent is within the UPC’s competence at the time of action. The absence of a temporal limitation in Art. 32(1) UPCA aligns with the UPCA’s objective to unify patent litigation…
4 min Reading time→ -
Milan Local Division, June 2, 2025, Order, UPC_CFI_181/2025
Joint request for stay of proceedings removes court discretion (Rule 295(d) RoP, Art. 43, 76(1) UPCA): When all parties jointly request a stay, the court must grant it, regardless of the permissive wording in the rule. This upholds party autonomy in determining the subject matter and conduct of their case. Partial stays are permitted for…
3 min Reading time→ -
LD Mannheim, June 3, 2025, Order, UPC_CFI_365/2023
Pre-emptive enforcement warning rejected: Applications for advance warnings of penalties for non-compliance are likely to be rejected if the court has already exercised discretion on enforcement. The claimant’s request for a warning of daily penalties was denied, as the court had already decided not to set such terms in the main proceedings. Time period for…
2 min Reading time→
Stay in the loop
Never miss a beat by subscribing to the email newsletter. Please see our Privacy Policy.