Institutions: Local Division
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LD Brussels, August 17, 2026, Order on Admission of Auxiliary Request, UPC_CFI_806/2025, UPC_CFI_185/2026
An amendment to a party’s case cannot be allowed if it could have been foreseen from the outset of the proceedings (R. 263 RoP, R. 30.2 RoP): Granting leave to amend at a late stage would allow the applicant to change its litigation strategy after the fact. A diligent patentee should coordinate its EPO and…
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LD Munich, August 17, 2026, Decision on Conditional Counterclaims for Revocation and Cost Allocation, UPC_CFI_492/2025, UPC_CFI_1309/2025
It is permissible to make a counterclaim for revocation conditional upon a finding of infringement of the patent: The court relied on the Court of Appeal’s Clarification order of 16 July 2026 (UPC_CoA_40/2026, Emboline v. AorticLab), confirming that the procedural approach of making the decision on the revocation counterclaim dependent on an infringement finding is…
3 min Reading time→ -
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LD Brussels, August 14, 2026, Procedural Order, UPC_CFI_1357/2025, UPC_CFI_629/2026
A request for further pleadings must be explicit — hints inside a pleading are not enough: LABS answered the Defendants’ new arguments directly inside its Rejoinder, without filing a formal request at that point. The Court said this does not count. R. 36 RoP needs a clear, stand-alone request. There is no such thing as…
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LD Düsseldorf, August 17, 2026, Order, UPC_CFI_1034/2025, UPC_CFI_931/2026
An “attorneys’ eyes only” regime needs the consent of the party losing access rights (R. 262A.6 RoP): A confidentiality order must give at least one natural person per party access, plus their legal representatives. The Court can only exclude all natural persons of a party if that party agrees. A simple objection kills the request.…
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LD Paris, August 19, 2026, Infringement action with conditional counterclaim for revocation, UPC_CFI_301/2025 and UPC_CFI_713/2025
Making a counterclaim for revocation conditional upon a finding of infringement is permissible under Art. 33(3) UPCA and promotes procedural economy.: Where the defendant requests, and the claimant does not object, that the counterclaim be decided only if infringement is found, the court may examine infringement first and defer the validity analysis to a later…
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LD Hamburg, order of August 10, 2026, order on provisional measures, UPC_CFI_1321/2026
Asserting claims in a form narrower than the granted (independent) claims in proceedings for provisional measures is admissible: Relying on a claim combination narrower than any of the granted claims does not, in principle, preclude the ordering of provisional measures (cf. headnote 1). Auxiliary requests in proceedings for provisional measures may be inadmissible if features hail…
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LD The Hague, August 10, 2026, infringement action, counterclaim for revocation, UPC_CFI_251/2025, UPC_CFI_769/2025
Interim conference reduced the number of auxiliary requests and prior art documents: Following the order issued after the interim conference, Maxell reduced the number of auxiliary requests from 44 to 10. Samsung, which had originally cited 24 documents against the main request and the auxiliary requests, correspondingly reduced its attacks against the main request to…
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LD Mannheim, August 11, 2026, Order on Change of Language of Proceedings, UPC_CFI_2082/2026
A claimant’s demonstrated capacity to litigate in English in comparable proceedings may outweigh party size and domicile in a change-of-language decision under Art. 49(5) UPCA, R. 323 RoP (cf. headnote, mn. 21).: Under the CoA case law (Order of 17 April 2024, UPC_CoA_101/2024, para. 22-25 and Order of 18 September 2024, UPC_CoA_354/2024, para. 26-27), changing…
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LD Düsseldorf, July 23, 2026, order on request for file inspection, UPC_CFI_7/2023
Once the Court has issued a final decision or order concluding first-instance proceedings, the public generally has an interest in accessing the pleadings and evidence: Access to the pleadings and evidence fosters a better understanding of the decision in light of the parties’ arguments and the evidence relied upon, and enables judicial scrutiny, which is…
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LD Düsseldorf, August 04, 2026, Confirmation by the Court of a settlement, UPC_CFI_1536/2026
A confirmation by the Court of a settlement can be enforced as a decision of the Court.: This follows from R. 365(1)S.1 RoP. Where applicable, the settlement agreement will be entered in the Register in redacted form only. Division LD Düsseldorf UPC number UPC_CFI_1536/2026 Type of proceedings Confirmation by the Court of a settlement Parties…
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LD Paris, July 30, 2026, order concerning a preliminary objection, UPC-CFI-1901/2026
Re lis pendens (Art. 29 Brussels I recast): – Here, the UPC was not “the court first seized” based on the date on which the application for provisional measures was filed before the UPC.– The earlier application for provisional measures before the UPC and the later filed national French action for revocation of the SPC,…
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Local Division Munich, July 29, 2026, Order, UPC_CFI_515/2026, UPC_CFI_1797/2026
An “unredacted document” under R. 262A.3 RoP need not be the complete original file. An excerpt reproducing the protected information can suffice.: The decisive criterion is whether the submitted document reveals the specific information or evidence for which restriction is sought under R. 262A.1 RoP, not whether it is technically unprocessed or complete. R. 262A.3…
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LD Munich, August 6, 2026, Cost Decision, UPC_CFI_1569/2025
A request to raise or lower the ceiling for recoverable costs must be clear and explicit.: A request to adjust the cost ceiling (Article 2(4) of the Decision of the Administrative Committee of 24 April 2023 on the scale of recoverable costs ceilings) is only deemed to have been made if it is clear and…
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LD Paris, July 18, 2026, time extension request, UPC_CFI_1963/2025, UPC_CFI_1247/2026
The burden of diligence to obtain access to a non-confidential version of a brief lies with the party seeking it: Where an unredacted version of a brief (marked highly confidential “HC” in the CMS, only accessible to the court) is filed simultaneously with a redacted version (marked mutual “M” in the CMS, accessible to the…
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LD Düsseldorf, July 27, 2026, Order on Public Access to the Register, UPC_CFI_226/2024
An applicant’s predominantly personal interest in access to the register may result in strict confidentiality obligations under Rule 262.2 RoP: When deciding on a confidentiality request under Rule 262.2 RoP, the Court may take into account that the applicant has a predominantly personal interest in accessing the register. As a result, the Court may apply…
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LD Milan, July 28, 2026, request to change the language of the proceedings, UPC_CFI_1146/2026
The request to change the language of proceedings may be lodged prior to the statement of defense : Art. 49 (5) does not require the application for a language change to be included in the statement of defence. R. 323.3 must accordingly be interpreted in such a manner that it does not preclude the lodging…
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LD Brussels, July 23, 2026, Decision on Public Access to the Register, UPC_CFI_2192/2026
Public access during ongoing proceedings requires a specific interest: Granting access to a case file is the general rule and restricting access is the exception (Sec. 7). However, where proceedings are still ongoing, public access to the register requires a “more specific” or “direct legitimate” interest of the applicant to override the interest in protecting…
3 min Reading time→
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