Home » UPC decisions » Local Division » Munich Local Division

Institutions: Munich Local Division

  • LD Munich, August 19, 2025, Procedural Order, UPC_CFI_319/2025

    The court may separate proceedings against multiple defendants on its own initiative to ensure procedural efficiency, especially when service is delayed on some defendants (Rule 303.2 RoP): When service was completed for two defendants but not for two others, the court found it unreasonable to delay the action and ordered a separation to avoid stalling…

    2 min Reading time
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  • LD Munich, August 22, 2025, Decision, UPC_CFI_248/2024

    Indications of purpose in a device claim: 1. Indications of purpose in a device claim regularly define a device in such a way that it must be suitable for use for the function and purpose specified in the patent claim. 2. If a device claim contains an indication of purpose, the only factor relevant for…

    6 min Reading time
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  • LD Munich, August 26, 2025, Order, UPC_CFI_487/2023

    Public access to the register: A law firm, as a member of the public, shall be granted access to pleadings and evidence upon submission of a reasoned request, pursuant to Rule 262.1 RoP. A reasoned request, in this sense, is a request that not only specifies the pleadings and evidence to which access is sought,…

    2 min Reading time
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  • LD Munich, August 26, 2025, procedural order, UPC_CFI_248-2025

    Security for costs: The court may, pursuant to Art. 64(4) UPCA and R.158.1 RoP, at its own discretion and upon the defendant’s application, order the provision of security for the costs of the proceedings and any other costs of the party, taking into account the facts and arguments presented by the parties. In doing so,…

    2 min Reading time
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    LD Munich, July 22, 2025, order on evidence preservation and inspection, UPC_CFI_63/2025

    Deadline Length vs. Starting Point: The court clarified the distinction between a deadline’s length and starting point under Rule 198.1 RoP. While the length is prescribed, the court can determine the starting point, especially considering the expert report’s due date (Rule 196.4 RoP). Discretion to Change Starting Point: The court can adjust the starting point,…

    2 min Reading time
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  • LD Munich, July 16, 2025, Order concerning an application for compensation

    Withdrawal of Actions: Parties may withdraw actions and counterclaims before a final decision if there’s no legitimate interest in continuing according to R. 265.1 RoP, as is the case with settlements.In this case, both the claimant and the defendant withdrew their respective action and counterclaim after reaching a settlement. Withdrawal of Compensation Applications: Applications for…

    3 min Reading time
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  • LD Munich, July 3, 2025, infringement action, UPC_CFI_448/2025

    Change of language of proceedings prioritizes fairness and the defendant’s position: The language of proceedings may be changed to the language in which the patent was granted if fairness and the defendant’s situation so require. The defendant’s position is decisive, especially where both parties are international and English is the common business and technical language.…

    3 min Reading time
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  • LD Munich, June 27, 2025, infringement action, UPC_CFI_148/2024, UPC_CFI_503/2024

    Single closure date for written procedure ensures fairness and efficiency: The Court confirmed that only one closure date for written submissions is permitted, rejecting the defendant’s request for separate dates for infringement and revocation proceedings. Admissibility of amended requests and burden of proof addressed: The Court found that any uncertainty about which requests and arguments…

    3 min Reading time
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    LD Munich, July 3, 2025, procedural order on security for costs (R. 158 RoP), UPC_CFI_127/2024 et al

    Even if the Defendant of an infringement action is, formally, at the same time the Claimant of a counterclaim for revocation, they are entitled to a security also for procedural costs caused by filing the counterclaim for revocation pursuant to Art. 69(4) UPCA and Rule 158.1 RoP.: According to the Court of Appeal’s decision in…

    2 min Reading time
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    LD Munich, July 2, 2025, procedural order on security for procedural costs (R. 158 RoP), UPC_CFI_245/2025

    An intervener on the Defendant’s side does not have to provide security for procedural costs pursuant to Rule 158 RoP. : While the intervener is to be treated as a party pursuant to Rule 315.4 RoP and may be liable for cost reimbursement as such, this is a different question from whether they have to…

    2 min Reading time
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  • LD Munich, June 20, 2025, order on preliminary objection, UPC_CFI_149/2024, UPC_CFI_127/2024

    In the case of service outside the UPCA Contracting Member States, preliminary objections must be filed within one month of the actual date of service.: R. 271.6 (b) RoP stating that a statement of claim shall in general be deemed to be served on the addressee on the tenth day following posting does not apply…

    4 min Reading time
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  • LD Munich, June 6, 2025, decision, UPC_CFI_324/2024, UPC_CFI_487/2024

    Burden of proof for non-infringement: If the defendant claims that infringement is impossible due to factors outside the scope of the patent claim, the defendant must prove this. The claimant does not need to address such external factors. In the decision, the defendant unsuccessfully argued that infringement was impossible due to the design of existing…

    5 min Reading time
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  • LD Munich, May 28, 2025, Order, UPC_CFI_63/2025

    Ex parte evidence preservation and inspection orders may be granted if the applicant provides sufficient evidence of likely infringement (Art. 60 UPCA, Rules 192, 197.3 RoP).: The court will grant such orders without hearing the defendant if the applicant submits all reasonably available evidence supporting a likelihood of patent infringement or threat thereof. The review…

    4 min Reading time
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    LD Munich, April 14, 2025, procedural order concerning R. 303 RoP, UPC_CFI_149/2025

    Separation of proceedings is at the Court’s discretion (Rule 303(2) RoP).: The Court may separate proceedings involving multiple defendants, but such decisions are made on a case-by-case basis, considering procedural efficiency and fairness to all parties. Joint proceedings are favored for procedural economy, especially when claims involve the same infringing embodiment.: In this case, hearing…

    3 min Reading time
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    LD Munich, 14 April 2025, Procedural Order, UPC_CFI_127/2024

    Discretion to separate proceedings, Rule 303(2) RoP: The UPC has the discretion to separate proceedings involving multiple defendants. When deciding whether to separate, the court will consider procedural efficiency and whether any party would be unfairly disadvantaged. In this case, the court identified arguments both for and against seperation. While the proceedings against some defendants…

    3 min Reading time
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    LD Munich, 14 April 2025, Procedural Order, UPC_CFI_119/2025

    Service of legal documents does not require actual physical receipt: As per Rule 271.6.b RoP, service is deemed effective even if physical acceptance of a document is refused, as long as the addressee was properly notified and had a reasonable opportunity to collect it. In this case, the defendant’s inaction in collecting the statement of…

    4 min Reading time
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  • LD Munich, April 17, 2025, order on preliminary objection, UPC_CFI_846/2024

    A preliminary objection may relate to a part of an infringement action only: Defendants’ objection to the UPC’s jurisdiction over acts commited prior to the start of the UPC is admissible. Possible UPC jurisdiction on infringing actions solely occurred before June 1, 2023: Defendant states in its preliminary objection that one attacked embodiment was only…

    2 min Reading time
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