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
-
LD Duesseldorf, March 7, 2025, Decision of Court of First Instance, UPC_CFI_459/2023
Late submission of new attacks on validity: The nullity plaintiffs raised two new validity attacks during the oral hearing: a novelty attack based on D7 (Onsemi) and an inventive step attack combining D3 (Nguyen) and D4 (Lürkens). Neither of these new attacks was considered, as they were raised for the first time during the oral…
4 min Reading time→ -
CD Munich, February 28, 2025, Order, UPC_829/2024
Revocation action initiation (R. 42 RoP): The revocation action was initiated by the defendant against the original claimant (Virdia Inc.). Application for substitution of parties (R. 305 RoP): The original claimant (Virdia inc.) applied to substitute the party with the new patent proprietor International N&H Denmark ApS. This is supported by a 2024 patent assignment…
2 min Reading time→ -
Contact us personally!
Tips and advice directly from our Unitary Patents professionals.
-
LD Munich, February 28, 2025, Order, UPC_CFI_483/2024
Amendment of case (Rule 263 RoP): The claimant sought to amend the case to include the Netherlands after the patent was restored there. The application was made under Rule 263 of the Rules of Procedure (RoP) of the Unified Patent Court (UPC). Reasonable Diligence Requirement (Rule 263.2(a) RoP) : The claimant failed to demonstrate reasonable…
3 min Reading time→ -
CD Paris, March 03, 2025, Order, UPC_CFI_164/2024
Representation (Art. 48(1) or (2) UPCA): A UPC representative with extensive administrative and financial powers within a legal entity cannot validly represent that entity before the UPC. The representative must be sufficiently independent to ensure fair representation in patent law matters. Remediable defect (Rule 361 RoP) : Lack of valid representation renders pleadings void but…
2 min Reading time→ -
LD Düsseldorf, March 04, 2025, Order, UPC_CFI_115/2024, UPC_CFI_377/2024
Denial of additional written submissions (R. 36 RoP): The judge-rapporteur can permit additional submissions only if a justified request is made before the conclusion of the written procedure. The court denied both parties’ requests for additional written submissions due to non-compliance with procedural rules. Timing and justification of requests (R. 36 RoP) : The claimant’s…
2 min Reading time→ -
Court of Appeal, March 3, 2025, Order, UPC_CoA_523/2024
Price erosion is an important factor to be considered when evaluating the necessity of provisional measures. : A move from a market situation where only one product is available, to one where there are two competing products, can be expected to lead not just to price pressure but to a permanent price erosion. This risk…
4 min Reading time→ -
LD Munich, February 24, 2025, decision regarding award of costs, UPC_CFI_2/2023
In PI-proceedings an application for the determination of costs pursuant to R. 151 RoP is admissible in the event that the Court of Appeal has issued a basic decision on costs pursuant to R. 242.1RoP.: Pursuant to R. 150.1 RoP, the determination of costs may be the subject of separate proceedings following a decision on…
3 min Reading time→ -
LD Munich, February 25, 2025, Reimbursement of Court fees, UPC_CFI_208/2023, UPC_CFI_220/2024, UPC_CFI_221/2024
Reimbursement of Court fees should be proportionate to efforts already made by the Court : The purpose of R. 370.9 (b) and (e) RoP on reimbursement of fees in case of a withdrawal of an action is to ensure that the reimbursement is proportionate to the efforts already made by the Court. A complex patent…
2 min Reading time→ -
Court of Appeal, February 19, 2025, order on release of cost security, UPC_CoA_217/2024
R. 352.2 RoP is applied by way of analogy with regard to the release of security for legal costs.: R. 352.2 RoP directly concerns the release of a security for enforcement but should be applied by way of analogy in a case in which security for legal costs has been deposited and afterwards the action…
1 min Reading time→ -
LD Munich, February 14, 2025, order on preliminary objection, UPC_CFI_437/2024
A preliminary objection based on questions regarding the claimant’s standing to bring an action is inadmissible or at least unfounded.: The Court’s jurisdiction and competence, as referred to in R. 19.1 RoP, is not linked to whether a person bringing an action is ultimately entitled to bring the action or whether it is fully entitled…
2 min Reading time→ -
Court of Appeal, February 14, 2025, order on request for provisional measures, UPC_CoA_382/2024
Claim construction regarding means-plus-function features.: Means-plus-function features must be understood as any feature suitable for carrying out the function (headnote 1, para. 47). Added matter assessment.: General provisions: The Court must ascertain what the skilled person would derive directly and unambiguously using their common general knowledge and seen objectively and relative to the date of…
7 min Reading time→ -
LD Hamburg, February 19, 2025, Decision, UPC_CFI_58/2024
Interpretation of Claims: When interpreting a claim, in addition to its wording, the application instructions and express disclosures in the description of the patent specification must be taken into account (headnote 2). Division LD Hamburg UPC number UPC_CFI_58/2024 Type of proceedings Infringement proceedings (and counterclaim for revocation) Parties Claimant: Lionra Technologies Ltd. Defendants: Cisco Systems…
1 min Reading time→ -
LD Helsinki, February 11, 2025, procedural order regarding changes in a case, UPC_CFI_214/2013
The main issues to be considered when addressing the admissibility of changes in a case are that the nature of the frontloaded procedure of the UPC must be protected and that during the process there are no such changes that the defendant’s right to defence is compromised.: If these two premises are protected there is…
3 min Reading time→ -
LD Milan, February 7, 2025, procedural order, UPC_CFI_472/2024
The position of the party attacking the patent shall be protected to the same extent as that of the party defending the patent.: If the mandatory coordination between the appeals proceedings before the EPO and the proceedings before the UPC may be achieved in the most efficient way by extending the time limits for filing…
2 min Reading time→ -
LD Munich, February 12, 2025, Procedural Order, UPC_CFI_714/2024
LD Munich competent to hear an infringement action, although appeal before the Court of Appeal is pending between the same parties regarding an action for provisional measures based on the same patent that was filed in first instance with the LD Düsseldorf : A case is not “pending before a division of the Court of…
2 min Reading time→ -
Court of Appeal, February 12, 2025, Order concerning representation, UPC_CoA_634/2024, UPC_CoA_635/2024, UPC_CoA_636/2024
Lawyers and European Patent Attorneys are not exempted from the duty to be represented if they themselves are parties in cases before the UPC.: All applicants of any application or action under the UPCA and RoP are required to be represented, except if the RoP waive the requirement of representation. An applicant under R. 262.1(b)…
3 min Reading time→ -
CoA, February 12, 2025, order for the protection of confidential information UPC_CoA_621/2024
Pursuant to R. 262A.6 RoP the number of persons to whom access is restricted shall be no greater than necessary in order to ensure compliance with the rights of the parties to the legal proceedings to an effective remedy and to a fair trial, and shall include, at least, one natural person from each party…
3 min Reading time→
Stay in the loop
Never miss a beat by subscribing to the email newsletter. Please see our Privacy Policy.