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
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Court of Appeal, December 19, 2025, Order concerning the need to adjudicate pursuant to R. 360 RoP, UPC-CoA-906/2025
An appeal can be disposed of under R. 360 RoP if it becomes devoid of purpose, meaning the appellant no longer has a legal interest in its continuation: An appeal against a procedural order excluding evidence becomes moot if the main action is subsequently decided in the appellant’s favor, as no further advantage can be…
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Court of Appeal, December 24, 2025, Order concerning an application for leave to appeal against a cost decision, UPC-COA-0000911/2025
Appellate review of cost decisions is limited to a marginal review (Art. 69 UPCA, R. 221 RoP): The Court of Appeal only intervenes if awarded costs are beyond “reasonable and proportionate” or deviate from principles inherent in Art. 69 (1) UPCA and R. 150 et seqq. The Court of Appeal recognizes that the first-instance judge-rapporteur…
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Court of Appeal, December 29, 2025, decision on revocation action, UPC_CoA_71/2025
Accuracy of translation to be checked at an early stage: The Appellant argued that a translation of a Korean prior art document filed by the Respondent in first instance was incorrect and at best inaccurate and filed own translations on appeal. The CoA holds that these translations are late filed and shall be disregarded. Given…
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Court of Appeal, Standing Judge, December 29, 2025, order regarding an application for suspensive effect, UPC-COA-0000936/2025
No “manifestly” erroneous decision if point of contention is a complex issue requiring in-depth-analysis: The Appellant argues that the impunged order of the LD Mannheim is based on the evidently incorrect assumption that a decision by the UK Court on a request for a court determined license by the Appellant would be equal to an…
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Court of Appeal, December 23, 2025, decision on application for withdrawal, UPC_CoA_523/2024
No waiver of court fees in the context of an application for withdrawal: In principle, pursuant to Rule 250 RoP, the court may waive payment of the fee for a rehearing in the circumstances contemplated by Rule 245.2(a) or (b) RoP (fundamental procedural defect or criminal offence). However, it can only be decided in the…
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Court of Appeal, December 22, 2025, decision on access to written pleadings and evidence, UPC-COA-0000886/2025
Interest in accessing documents not precluded by additional commercial interests: A law firm may also be a member of the public within the meaning of R. 262.1 (b) RoP, see already order of 9 January 2024, UPC_CoA_480, UPC_CoA_481/2024, Abbott v Powel Gilbert. The fact that a law firm (Herbert Smith Freehills Kramer LLP) also pursues…
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Court of Appeal, December 19, 2025, decision on public access to the register, UPC_CoA_523/2024
No access to the register for a company that commercializes access to its subscribers: The objectives of balancing the interests pursuant to Art. 45 UPCA, and the requirement of representation ensure the proper conduct of proceedings, and would be compromised if access to written pleadings and evidence was granted pursuant to R. 262.1(b) RoP to…
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Court of Appeal, December 17, 2025, procedural order re. application of suspensive effect, UPC_CoA_926/2025, UPC_CoA_927/2025
Exception to the rule of no suspensive effect for appeals against first-instance orders granting access to files: Grounds for ordering suspensive effect under Art. 74(1) UPCA may exist where the Court of First Instance has granted an application for access to pleadings and evidence pursuant to Rule 262.1(b) RoP, and it is likely that this…
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LD Duesseldorf, December 10, 2025, Decision, UPC_CFI_316/2024 and UPC_CFI 547/2024
Recall, removal and destruction generally not applicable in cases of indirect infringement: Orders for recall, removal from the channels of commerce and destruction are generally not considered in cases where products are only challenged on the grounds of indirect patent infringement. (Headnote 1) Claimant must provide sufficient facts to justify award of fixed-rate damages: Although…
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LD Milan, December 12, 2025, Order on Service in China, UPC CFI_766/2024
The Hague Service Convention is applicable in the UPC system regardless of any additional national requirements : The Article 15(2) of the Hague Service Convention is entirely applicable in UPC System, regardless of any additional requirements for service within each Member State. Indeed: (i) the service system in the UPC is uniform; ii) participating Members…
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LD Munich, December 12, 2025, decision on infringement action and counterclaim for revocation, UPC_CFI_146/2024 et al
The application of a legal standard by the Court of First Instance (CFI), which was established by the Court of Appeal (CoA) subsequent to the oral hearing, does not in itself necessitate a reopening of the oral hearing.: In its assessment of the inventive step, the Munich Local Division applied the test established by the…
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LD Munich, December 12, 2025, Order on Security for Costs, UPC_CFI_525/2025
Security for costs for Taiwanese company may be ordered: Security for costs application against a claimant company established in Taiwan can be accepted as the facts provided in the case indicate that enforcing a cost decision in Taiwan would be at least unduly burdensome especially because neither Taiwanese legislation nor any international agreement provide certainty…
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LD Düsseldorf, December 5, 2025, order re. provisional measures, UPC_CFI_712/2025
An independent process claim and the corresponding description can only be relevant when determining the scope of protection of an independent product claim if the patent specification indicates that it also describes characteristics of the claimed product (headnote 1): Principle of Irrelevance (mn. 145): The court establishes that since the patent protects a product via a…
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LD Mannheim, December 5, 2025, Decision, UPC_CFI_414/2024, UPC_CFI_729/2024
Dismissal due to lack of substantiation after contest of facts : Defendants specifically denied that their products’ functionalities in question are incorporated in the source code of the attacked embodiments. Claimant fails to substantiate in more detail, why it is of the opinion, that this is not true or relevant and point to specific facts…
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Court of Appeal, December 9, 2025, appeal in proceedings re. damages, UPC_CoA_8/2025
Failure to monitor the patent landscape can establish “reasonable grounds to know”, Art. 68(1) UPCA: Under Art. 68(1) UPCA, the Court shall, at the request of the injured party, order the infringer who knowingly, or with reasonable grounds to know, engaged in a patent infringing activity, to pay the injured party damages appropriate to the…
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LD Mannheim, December 5, 2025, Procedural order re. adjournment of proceedings, UPC_CFI_414/2024
R. 114 RoP is applicable only in exceptional situations where, during the oral hearing, a specific issue or a specific in-depth investigation is identified as necessary and cannot reasonably be completed within the existing hearing slot. : Claimant’s request to reopen the oral hearing and to set a further date for the oral hearing was…
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Court of Appeal, December 2, 2025, procedural order re. application for suspensive effect, UPC_CoA_894/2025
An exception to the principle that an appeal has no suspensive effect may apply, for instance, if the order against which the appeal is directed contitutes obvious errors, or if the enforcement of the appealed order or decision would make the appeal devoid of purpose. The fact that a (new) standalone revocation action is pending…
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