Institutions: Local Division
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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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LD Paris, April 16, 2026, Infringement Action and Counterclaim for Revocation, UPC_CFI_138/2025, UPC_CFI_522/2025
Party-affiliated affidavits are valuable technical information but lack the probative value of independent expert opinions (R. 181(2) RoP).: Both parties submitted affidavits from current or former employees. The Court treated these as witness statements rather than expert opinions, but nonetheless considered them valuable technical information from persons with industry experience in the relevant technical area.…
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LD Mannheim, April 16, 2026, Infringement action and Counterclaim for revocation, UPC_CFI_819/2024 and UPC_CFI_414/2025
Claim construction: The patent is its own lexicon, “purposive non-use” excludes intent not contamination, and claim features can be technically interdependent.: The term “alkali-free” was interpreted not as a complete absence but as a concentration below a specific threshold defined in the patent itself. The prohibition on “using neither arsenic nor antimony” was held to…
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LD Düsseldorf, April 16, 2026, Decision, UPC_CFI_779/2024
For the objective elements of indirect infringement, it is not necessary that both components of the patent claim do exist (Art. 26 UPCA).: Where a patent claim protects a two-component product, the objective elements of indirect infringement are satisfied if the accused component is designed to cooperate with a second component configured in accordance with…
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LD The Hague, April 14, 2026, Procedural Order, UPC_CFI_1612/2025
Classification as confidential if parties agree on confidential nature of the information. : The Court acknowledges the confidential nature of specific information after the claimant did not object to the defendant’s corresponding assertion. A pre-existing broader NDA prevents a party from imposing a narrower confidentiality circle in UPC proceedings.: The Court determined that if confidential…
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LD Lisbon, April 10, 2026, Order, UPC_CFI_858/2025
The assessment of whether an action becomes devoid of purpose (R. 360 RoP) is based on the interest o the party that filed the action. : The court assesses whether an action is devoid of purpose based on the claimant’s legitimate legal interest (R. 360 RoP). The defendant’s interest is not autonomously considered in this…
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LD Paris, April 10, 2026, Procedural Order, UPC_CFI_301/2025
The RoP lack specific pleading rules for a FRAND defence.: Unlike in case of a counterclaim for revocation (R. 29 et seq. RoP) or an application to amend the patent (R. 30 et seq. RoP), where the number and content of the pleadings are precisely set out, the Rules of Procedure do not contain respective…
3 min Reading time→
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