Institutions: Local Division
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LD Mannheim, January 19, 2026, Order regarding confidentiality of FRAND negotiations, UPC_CFI_481/2025
General order was issued stipulating that submissions on details of FRAND negotiations between the parties, even if they are only introduced into the proceedings in future pleadings, are already protected under R. 262A RoP : The information to be protected is confidential information belonging to at least one of the parties, because it relates to…
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LD Paris, January 16, 2026, decision on the merits, UPC_CFI_702/2024, UPC_CFI_369/2025
Action on Infringement of Swiss part of European patent (non-UPC, Lugano Convention state): In view of the CJEU decision BSH vs Electrolux, the UPC does not have jurisdiction to rule on the validity of the Swiss part of the EP (non-UPC state, Lugano Convention). But it can rule on infringement unless there is a reasonable…
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LD Munich, January 13, 2026, Decision on the merits, UPC_CFI_628/2024; UPC_CFI_125/2025
Infringement of a medical device requires a potential use to be lege artis. A use that damages the device cannot establish infringement.: The claimant argued for an infringing use that required piercing the device’s mesh. The Court held this was not a proper, professional use but an emergency measure, and thus irrelevant for the infringement…
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LD Mannheim, January 13, 2026, Order, UPC_CFI_850/2026
Admissibility of late submissions deferred post-hearing; panel to decide: The decision on rejecting the claimant’s allegedly late FRAND submissions, and final admission of the defendant’s reply, is deferred to the panel after the oral hearing. No extension of written procedure; narrow provisional reply allowed (Rule 36 RoP): The court closed the written phase and refused…
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LD Düsseldorf, January 15, 2026, Decision, UPC_CFI_100/2024; UPC_CFI_411/2024
For revocation actions, the registered proprietor is the correct defendant (R. 8.6, R. 42.1 RoP), prioritizing legal certainty over actual entitlement.: The law ensures a party seeking revocation does not bear the burden of investigating true entitlement but can rely on the national patent register. Entitlement disputes generally do not shift this, preserving legal certainty…
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LD Duesseldorf, December 19, 2025, Order, UPC_CFI_834/2025
Breach of Candor (R. 192.3 RoP): No Partial Upholding of the Order: The Düsseldorf Local Division clarified the consequences for a defendant who fails to engage with the UPC’s Case Management System (CMS) following an order to preserve evidence. The applicant obtained an ex parte order to preserve evidence, which was executed at the defendant’s…
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LD Duesseldorf, Order, December 19, 2025, UPC_CFI_1598_2025, UPC_CFI_1600_2025
No CMS Access, No Say on Confidentiality: The Düsseldorf Local Division clarified the consequences for a defendant who fails to engage with the UPC’s Case Management System (CMS) following an order to preserve evidence. The applicant obtained an ex parte order to preserve evidence, which was executed at the defendant’s booth at the MEDICA trade…
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LD Duesseldorf, Order, December 19, 2025, UPC_CFI_515_2025
No Default Decision Despite Non-Response: Under R. 209.1(a) RoP, the Court has discretion to inform the defendant of an application for provisional measures and to invite an objection within a specified time limit. If the defendant fails to lodge or substantiate such an objection, as occurred in this case, the Court may decide the application…
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LD Munich, decision, december 19, 2025, UPC_CFI_437/2024, UPC_CFI_681/2024
Squeeze of claim interpretation and added matter: Claim interpretation Principles The interpretation of a patent claim is a matter of law (Court of Appeal UPC_CoA_405/2024, 19 June 2025 – Alexion/Amgen). Therefore, the Court cannot leave the judicial task of interpreting the patent claim to an expert but must construe the claim independently (Court of Appeal,…
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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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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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LD Brussels, December 4, 2025, decision on withdrawal of infringement action and recoverable costs, UPC_CFI_415/2025
As the Court previously held (cf. LD Düsseldorf – UPC_CFI_355/2025 and UPC_CFI_186/2025 – Fujifilm/Kodak), the focus of appropriateness “is primarily on the amount of costs incurred” and this from an ex ante perspective. When assessing these costs, elements which could be taken into consideration (having regard to the specifical circumstances of a withdrawal of an…
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