Institutions: Local Division
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LD Düsseldorf, 11 May 2026, Order, UPC_CFI_1034/2025 & UPC_CFI_931/2026
Confidentiality orders are not limited to trade secrets, they cover any information requiring confidentiality, balanced against the parties’ competing interests: The decisive factor is whether the information requires confidentiality, not whether it qualifies as a trade secret. The Court must weigh the right to be heard and fair trial rights of the party affected by…
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LD Milan, May 5, 2026, Decision, UPC_CFI_727/2024
Prosecution file statements before the EPO, while not binding, may guide claim interpretation as reflecting the skilled person’s view (Art. 69 EPC, Art. 24(1)(c) UPCA): The claimant’s own statement during EPO grant proceedings — that abutment of a rolling body row against an edge was “essential” for achieving simultaneous preloading — confirmed the Court’s strict…
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LD Düsseldorf, May 6, 2026, Order, UPC_CFI_1536/2026
Ex parte inspection at trade fairs justified where concrete risk of evidence destruction exists (Art. 60 UPCA, R. 192, 197 RoP): The Court ordered ex parte inspection of a machine exhibited at a trade fair. The Applicant credibly demonstrated that the Defendant could remove the machine or deactivate pre-programmed processes via software update, rendering evidence…
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LD The Hague, May 11, 2026, Order, UPC-CFI_478/2025, UPC_CFI_585/2026
Under R. 190 RoP and Art. 59(1) UPCA, evidence production orders require four cumulative conditions: plausible evidence, specified evidence within the other party’s control, confidentiality protection, and proportionality : The Court grounded this framework in prior UPC case law, specifically Winnow v Orbisk (LD The Hague, UPC_CFI_327/2024) and Oppo v Panasonic (CoA, UPC_CoA_298,299,300/2024). The conditions derive from R. 190.1…
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LD The Hague, May 4, 2026, Order, UPC_CFI_2028/2025, UPC_CFI_2031/2025
A review under R.197.3 RoP only benefits the party that files it; co-defendants who do not seek review remain bound by the original order: The Court held that where only one of several defendants files a review application, the review can only affect the order vis-à-vis that defendant, analogous to the principle that an appeal…
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LD Brussels, May 7, 2026, Cost Decision, UPC_CFI_2265/2025
Waiver of rights requires an explicit statement – prior admissions in first instance proceedings do not constitute a waiver (R. 150 RoP): An acknowledgment by a party that the opposing party was the “successful party” in first instance proceedings does not constitute a waiver of the right to claim compensation as a “partially successful party”…
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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”),…
3 min Reading time→
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