Institutions: Local Division
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LD Brussels, May 4, 2026, Order on Public Access to Case Files in Evidence Preservation Proceedings, UPC_CFI_1167/2026
The nature of proceedings may justify restricting public access under Art. 45 UPCA, even though R. 262.1(b) RoP does not explicitly differentiate by proceeding type: Evidence preservation and inspection proceedings create a procedural and confidential playing field balancing fundamental rights of the parties. This playing field must be maintained even after proceedings end without proceedings…
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LD Hamburg, May 5, 2026, Order on Penalty Payments, UPC_CFI_1881/2025
Recurring penalty payments may be imposed for non-compliance with court orders under Rule 354(3) RoP: The amount of penalty payments shall be determined by the court in light of the significance of the order in question (UPC_CoA_845/2024, Belkin v. Philips). A prior threat of penalty payments is mandatory before imposition – also in provisional measures…
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LD Munich, May 5, 2026, Interim Conference, UPC_CFI_165/2025, UPC_CFI_665/2025
It was agreed that number of invalidity attacks should be limited to five or six and the number of auxiliary requests should be limited to about ten: The large number of invalidity attacks and auxiliary requests were discussed during the interim conference. It was agreed that the parties shall limit their attacks/auxiliary requestsas follows:Defendants shall…
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LD Düsseldorf, May 4, 2026, review of an order to preserve evidence, request for the expert’s recusal, UPC_CFI_1696/2025
There is a basis for concern regarding an expert’s bias if – from the perspective of a knowledgeable and reasonable observer – certain circumstances give rise to justified doubts as to the expert’s impartiality or independence i.e., there is a likelihood that the expert’s decision will be influenced by factors other than the aforementioned duties.:…
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LD Düsseldorf, May 4, 2026, revocation of an order on inspection and evidence preservation, UPC_CFI_885/2025
An order for the preservation of evidence shall be revoked or otherwise cease to have effect if the applicant does not start proceedings on the merits before the court within a period of 31 calendar days or 20 working days from the date specified in the court order (release of expert description). To remedy the…
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LD Düsseldorf, April 30, 2026, dismissal of confidentiality order, UPC_CFI_351/2024, 595/2024
A party may make an application for a confidentiality order pursuant to R. 262A.1 RoP if it is seeking protection for information that it is required to disclose under the operative part of a court decision. However, the application must be made during the proceedings on the merits if it can be reasonably foreseen that…
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LD Düsseldorf, May 7, 2026, refusal of provisional measures, UPC_CFI_1927/2025, 1928/2025
Re urgency requirement in case of provisional measures: – Applicant’s burden to present/prove: the gaining of knowledge of the infringing embodiment, the potential infringement, and its prompt verification. – Defendant’s burden to present/prove: the evidence from which it can be inferred that the applicant must have had prior knowledge and from which hesitant conduct can…
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LD Helsinki, April 29, 2026, decision on infringement and validity, UPC_CFI_214/2023, UPC_CFI_403/2025
Parties select equivalence approach absent CoA case law: When assessing an issue where there is no Court of Appeal case law, such as equivalence, and where both parties have argued based on the same Court of First Instance case law, legal certainty and/or the right of defence guides the local division to adopt a similar…
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LD Helsinki, April 29, 2026, order disposing of provisional measures application, ACT_551054/2023
Key takeaway PI application devoid of purpose: If a provisional measures application has become devoid of purpose and hence there is no longer need to adjudicate on it, the Court shall dispose of it based on R. 360 RoP and on the request of the parties the Court shall make a cost decision and can…
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LD Düsseldorf, April 28, 2026, procedural order, UPC_CFI_869/2025
Admissibility of submissions : The admissibility of the documents and arguments submitted is a question of fact. Whether the defendant’s submissions in its rejoinder regarding the motion to amend are relevant to the decision in the present case, and whether they were filed late requires a thorough analysis. Such an assessment can only be made…
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LD Munich, April 23, 2026, order on cost security, UPC_CFI_617/2025
FRAND security of defendant does not relieve claimant from providing cost security : A bank guarantee provided by a defendant, as part of an objection of compulsory licence under antitrust law, as security for any potential licence payment obligations towards the claimant and thus to avert an injunction claim asserted by the claimant (“FRAND security”),…
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LD Hamburg, April 27, 2026, Decision, UPC_CFI_685/2024, UPC_CFI_157/2025
High number of auxiliary requests (here: 51) may be admissible where the patent faces numerous and diverse validity challenges (headnote 1): The Court must weigh all relevant circumstances, including the complexity of the technology, the number of prior art documents, the nature and number of validity attacks (novelty, inventive step, clarity, enablement, added matter), and…
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LD Brussels, April 27, 2026, Order, UPC_CFI_871/2026
Unsolicited submissions in a language change application are generally inadmissible to ensure a rapid decision (headnote 1): A rapid decision on a language-change request benefits both parties and case management. Submissions not foreseen by R. 323.2 RoP and filed without prior authorisation are inadmissible and will be disregarded. A language-change application under Art. 49(5) UPCA…
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LD The Hague, April 24, 2026, Order, UPC_CFI_305/2026
Provisional measures dismissed where the applicant fails to establish infringement on the balance of probabilities: The Court applied the “more likely than not” test for provisional measures. Since it found that on the balance of probabilities likely the patent is not infringed, the Application was dismissed on this ground alone, without needing to address the…
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LD Düsseldorf, April 23, 2026, Decision, Infringement action and CCfR, UPC_CFl_559/2024 and UPC_CFl_106/2025 – Quantificare v. Canfield
Pan-UPC-territorial orders under Art. 34 UPCA can be based on infringing acts in a “carved-out” Contracting Member State (Headnote; mn. 238 et seqq.): The claimant had excluded Germany from the infringement action before the UPC Düsseldorf LD for procedural reasons (parallel proceedings before the Düsseldorf Regional Court for the German national portion of the same…
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LD Mannheim, April 20, 2026, Order, UPC_CFI_1291/2026, Anti-Anti Suit Injunction against “Interim Licence” application before Chinese Court
The UPC has jurisdiction to issue an AASI to secure pending patent infringement proceedings before the UPC (Art. 31, 32(1)(c), 33(1)(a) UPCA) (mn. 16 et seq.): Imminent infringement of patents within the meaning of Article 32(1)(a) UPCA is not only its unlawful use. Also the application for a foreign injunction with the aim to prevent…
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LD Milan, April 21, 2026, Infringement action, UPC_CFI_472/2024
Long-arm jurisdiction via Art. 8 (1) Brussel Ia Recast Regulation (BR): The “risk of irreconcilable judgements” requires a four-part assessment: same factual and legal situation, predictability and no abuse: The question was whether UPC Milan LD had jurisdiction for co-defendants based in Spain (i.e., non-UPC territory) for infringing actions in Spain. The result was affirmative…
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