Institutions: Local Division
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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…
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LD Düsseldorf, July 24, 2026, Order on Public Access to the Register, UPC_CFI_226/2024
Admissibility of public access requests under Rule 262.1(b) RoP requires a specific application: A member of the public must submit a reasoned request explaining the purpose of the requested access and specify the documents and evidence sought as precisely as possible (Sec. 15). In this regard it is sufficient that applicant wants to better undestand…
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LD Paris, July 29, 2026, Order on subsequent request to amend the patent and on late submissions, UPC_CFI_530/2025
A subsequent request to amend the patent under Rule 30.2 RoP is only admissible under exceptional and cumulative circumstances: The claimant must demonstrate that the amendment could not have been filed earlier with reasonable diligence, and that it does not unreasonably hinder the defendant(s) in conducting the proceedings. Both conditions must be met cumulatively (see…
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LD Milan, July 30, 2026, Order on Cost Security, UPC_CFI_2216/2025, UPC_CFI_1829/2026
Minimum share capital and microenterprise structure are per se not sufficient to justify security for costs under Art. 69(4) UPCA and Rule 158.1 RoP: The Court held that (i) claimant’s minimum share capital of EUR 19,700 and (ii) its microenterprise structure were in themselves insufficient circumstances to assess a company’s financial soundness. A relatively modest…
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LD Lisbon, July 29, 2026, Decision on confirmation of a settlement, UPC_CFI_757/2024
Agreement on costs confirmed and rendered enforceable pursuant to R. 365.1 RoP: The Court held that R. 365.1 RoP (Confirmation by the Court of a settlement) applies to settlements limited to costs. As long as the settlement resolves an existing or potential dispute, regardless of whether it is submitted pending main proceedings on the merits…
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LD Munich, July 27, 2026, Order to preserve evidence and to inspect premises, UPC_CFI_1746/2026, UPC_CFI_1747/2026, UPC_CFI_1751/2026, UPC_CFI_1752/2026
Art. 60(1) UPCA is a lex specialis displacing general confidentiality rules under Art. 58 UPCA and Rules 262, 262A RoP in evidence preservation proceedings (Sec. 30): While Art. 58 UPCA and Rules 262 and 262A RoP grant the Court a discretion to order confidentiality measures to protect confidential information, Art. 60(1) UPCA mandatorily requires the…
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CD Milan, July 29, 2026, procedural order, UPC_CFI_1902/2025
Pragmatic solution for alignment of deadlines and service : The Claimant lodged an infringement action against two Defendants, Ziwu registered in China and Resosport registered in Hong Kong. Service was duly effected on Ziwu but not on Resosport. Ziwu thus requested an alignment of deadlines against acceptance of service by Resosport. Claimant opposed to the…
2 min Reading time→
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