Institutions: Local Division
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LD Duesseldorf, November 4, 2026, order regarding inspection and preservation of evidence, UPC_CFI_2738/2026, UPC_CFI_2739/2026
Access of a UPC Representative to the Case Management System (CMS) is a precondition for the respondent to comment on confidentiality issues prior to the disclosure of preserved evidence to the applicant: The Court ruled that it can only give the Respondents an opportunity to comment on confidentiality issues with respect to preserved evidence if…
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LD Hamburg, November 4, 2026, decision on infringement and counterclaim for revocation, UPC_CFI_660/2025 & UPC_CFI_1326/2025
Scope of protection for features defined by physical properties (Art. 69 EPC, Art. 1 Interpretation Protocol): A claim feature described solely by physical properties covers only embodiments capable of performing the function the patent attributes to it. Claim 1 of the patent-in-suit defines the “non-conductive fluid” only by its immiscibility and its absence of significant…
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LD Duesseldorf, November 5, 2026, decision on infringement and counterclaim for revocation, UPC_CFI_466/2025 & UPC_CFI_869/2025
Strict proof of identity for prior public use (Art. 54 EPC): The party alleging prior public use bears the full burden of proving that all claimed features were publicly accessible without confidentiality prior to the priority date. A complete and verifiable chain of identity between the tested sample and the delivered product is mandatory. Unresolved…
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LD Düsseldorf, November 5, 2026, decisions on provisional measures, UPC_CFI_1534/2026, UPC_CFI_1532/2026
Undue delay arises where an applicant conducts extensive, time-consuming investigations that were not necessary to assess infringement of the patent-in-suit (R. 211.4 RoP): It constitutes an undue delay for the applicant, instead of promptly undertaking a limited investigatory effort that would have been sufficient to assess infringement of the patent-in-suit, to conduct more extensive and…
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LD Hamburg, October 30, 2026, order on request for security for costs, UPC_CFI_1646/2025
The fact that a claimant is domiciled in the U.S. does not justify an order under R. 158 RoP: The Court stated that it is the standing practice of the UPC that the fact that a claimant is domiciled in the U.S. does not justify an order under R. 158 RoP and referred to the…
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LD Mannheim, October 20, 2026, infringement action, counterclaim for revocation, UPC_CFI_481/2025, UPC_CFI_1358/2025
Claim construction, identical terms: While identical terms in a patent claim regularly are to be understood in the same way, a different context may lead to the result that an identical term may have different meanings in the patent claim depending on its context. The term “quantity” appeared twice in the asserted claim, and the…
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LD Mannheim, October 23, 2026, Decision on Infringement and conditional CfR, UPC_CFI_706/2025 and UPC_CFI_1816/2025
A patent may act as its own lexicon. Where a claim gives a binding definition of a parameter, that definition prevails over the common understanding in the field.: If a claim defines a parameter step by step and states what the parameter “is”, the claimed values must be met exactly as defined. A measured value…
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LD The Hague, October 8, 2026 (published October 28, 2026), Order, UPC_CFI_0001615/2026
Publication of the preliminary injunction on defendants’ websites ordered in preliminary proceedings (Art. 80 UPCA): In Fujifilm v Kodak (UPC_CoA_473/2025, para. 399) the UPC Court of Appeal (CoA) held that publication of an own declaration by the infringer on its own webpage: “may find its basis in Art. 80 UPCA, such a measure is justified…
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LD Munich, October 28, 2026, order to lay open books, UPC_CFI_1160/2026
A request to lay open books under R. 141 RoP covers the financial details of what happened, must comply with the RoP framework and must be proportionate.: R. 191 RoP disclosure addresses the substantive question “What happened?”. R. 141 RoP addresses “What are the financial details of what happened?” and serves the calculation of damages.…
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LD The Hague, October 27, 2026, Order, UPC_CFI_2594/2026, UPC_CFI_2595/2026
No Unreasonable Delay in Seeking Provisional Measures (R. 211.4 RoP): Delay in seeking provisional measures (R. 211.4 RoP) is calculated from when the applicant obtains, or should have obtained, the facts and evidence needed for a reasonable prospect of success (R. 206.2(d) RoP). An applicant acts diligently by basing its application on an in-territory test…
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LD Düsseldorf, October 22, 2026, decision, UPC_CFI_47/2025, UPC_CFI_68/2025
Claims introduced for the first time during the interim proceedings in the infringement action, based on the scope of the patent in dispute within the framework of the auxiliary requests and the related submission of facts, are not admissible: The claimant sought, for the first time during the interim procedure, to extend its infringement allegations…
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LD Düsseldorf, October 22, 2026, final decision, UPC_CFI_52/2025, UPC_CFI_67/2025
Criteria for assessment of equivalence: Like Panel 1 of the LD Düsseldorf (cf. UPC_CFI_807/2024, decision of May 27, 2026), Panel 2 of the LD Düsseldorf applies the assessment criteria for equivalence under patent law established by the LD The Hague (UPC_CFI_239/2023, decision of November 22, 2024; UPC_CFI_479/2025, order of September 11, 2025), as, pursuant to…
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LD Paris, October 16, 2026, Decision, UPC_CFI_684/2025, UPC_CFI_2279/2025
Inventive Step: Starting Points Evaluated as a Whole and Strict Thresholds for Combinations (Art. 56 EPC): A realistic starting point must be evaluated as a comprehensive technical disclosure taken as a whole. Selecting an isolated drawing or embodiment merely because it structurally resembles the invention constitutes impermissible hindsight. Because the skilled person lacks inventive imagination,…
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LD Munich, October 12, 2026, Order, UPC-CFI_3452/2026
Alternative service under R. 275.2 RoP may be ordered once formal service attempts fail for reasons attributable to the defendant, provided it is not contrary to the law of the state of service (R. 275.4 RoP): The Court held that insisting on further formal service, once the defendant had actual knowledge of the claim, would…
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LD Munich, October 12, 2026, review of case management orders, UPC_CFI_245/2025, UPC_CFI_618/2025
Mandatory fee payment under R. 333.3 is a condition precedent for lodging an application for panel review under R. 333.2 RoP (mn. 22): An application under R. 333 RoP is an autonomous preliminary remedy against case management orders. Under R. 333.3 RoP in conjunction with R. 15.2 RoP, an application is legally deemed not to…
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LD Düsseldorf, September 7, 2026, inspection and evidence preservation, UPC_CFI_1332/2026
An order for inspection and/or preservation of evidence requires a sufficient likelihood of infringement : Sufficient, when a patent infringement appears plausible; excessive standards of proof must not be applied. The existence of non-infringing alternatives does not automatically defeat the infringement likelihood unless those alternatives make the applicant’s submission implausible. Additional factors increasing likelihood: Factor…
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LD Düsseldorf, August 21, 2026, Inspection and preservation of evidence, UPC_CFI_1696/2025
Three-step test for determining the scope of the disclosure of the detailed description to be prepared by an expert (confirmation of UPC_CFI_539/2024): Step 1: Does the information in question constitutes a trade secret, personal data, or other confidential information (Art. 58 UPCA)? Step 2: Is the information irrelevant for the question of infringement? If so,…
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