Institutions: Local Division
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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…
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LD Milan, July 21, 2026, interim conference, UPC_CFI_703/2025 and UPC_CFI_1757_2025
Physical inspections and judicial weighing experiments may be ordered under Rules 170.2(f), 170.2(g), and 201 RoP if necessary and proportionate to establish infringement: The claimant’s request to weigh the seized vehicle was justified to prove infringement. The court noted that practical difficulties and costs do not negate the necessity of the experiment. (Sec. 10 et…
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LD Düsseldorf, July 23, 2026, Decision on infringement and validity, UPC_CFI_87/2025 and UPC_CFI_488/2025
FRAND behaviour: consent to amend NDA required: If an NDA between the parties prevents one party from making submissions or producing documents, and the other party, without reasonable justification, refuses to amend the NDA to enable such production, this shall be to the detriment of the latter party (headnote 1, Sec. 352 et seqq.).In such…
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Düsseldorf Local Division, July 20, 2026, Order, UPC_CFI_209/2026
If a statement of claim is to be served under The Hague Convention and, according to the competent Chinese authority, the defendant “refuses to accept the documents,” the Court may deem the steps taken so far to be sufficient for good service: The Court attempted to serve the SoC on Defendants domiciled in China pursuant…
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LD Paris, July 20, 2026, Order – Modification of Security for Costs (R. 158 RoP), UPC_CFI_530/2025
Modification of security requires genuinely new and unforeseeable developments: R. 158 RoP allows security for costs to be modified “at any time” but only where new circumstances have arisen that were neither present nor foreseeable when the original order was made. Common litigation developments – such as a counterclaim for revocation or a responsive patent…
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LD Milan, July 10, 2026, Order – Alignment of Defence Deadlines for Co-Defendants Where Service Abroad Is Pending, UPC CFI 1902/2025
The claimant filed an infringement action against two co-defendants before the Milan Local Division. One defendant (based in China) had already been served and was facing an imminent deadline to file its statement of defence. The other defendant (based in Hong Kong) had not yet been served – with no certainty as to when service…
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LD Milan, July 10, 2026, decision by default, UPC_CFI_766/2024
Deliberate copying combined with continued infringement despite a provisional injunction establishes the infringer’s knowledge, triggering the stricter damages standard of Art. 68 (1) UPCA: Where a defendant knowingly, or with reasonable grounds to know, engages in infringing activity, the Court must order damages appropriate to the harm actually suffered (Art. 68 (1) UPCA), rather than…
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LD Duesseldorf, July 3, 2026, order on penalty payments, UPC_CFI_723/2025
Broad concept of “offering” pursuant to Art. 25(a) UPCA: The term “offering” must be interpreted autonomously and in an economic sense. It is sufficient to present an item so that a viewer can make an offer to acquire it (invitatio ad offerendum). Thus, neither price indication nor ability to deliver is required. The Court expressly…
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LD Düsseldorf, 3 July 2026, Procedural Orders, UPC_CFI_604/2026 | UPC_CFI_2108/2026
Strict requirements for the production of documents under R. 190 RoP: The Court dismissed Claimant’s request for the production of documents under R. 190 RoP as Claimant failed to identify which facts it seeks to prove, did not identify by which means of evidence and did not explain for what purpose, i.e. the necessity of…
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LD Düsseldorf, July 2, 2026, Order, UPC_CFI_1536/2026
Ex parte orders re. inspection and preservation of evidence at a trade fair booth can be ordered and executed within days under Art. 60 UPCA, R. 194(d), 196, 197, 199 RoP: The applicant filed an ex parte application for inspection and preseveration of evidence targeting the respondent’s trade fair booth. The UPC granted the requested…
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LD Brussels, June 26, 2026, Alignment of UPC evidence production with parallel UK national proceedings under R. 190 RoP, UPC_CFI_629/2026, UPC_CFI_1357/2025
In an infringement action with a parallel counterclaim for revocation, the court had issued a first R. 190 RoP order (Order I), ordering the claimant to produce seven categories of evidence, which it did. The defendants then filed a second R. 190 RoP application (Application II), arguing that the evidence produced revealed further relevant material…
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LD Düsseldorf, June 26, 2026, Order, UPC_CFI_1035/2026
A supplier’s potential liability from a defendant’s recourse claim constitutes a “direct and present interest” to intervene in an infringement action under R. 313.1 RoP: The defendant’s formal notice reserving rights to claim for a “defect in title” of supplied components established the tangible risk needed for the intervener’s legal interest.This interest was reinforced by…
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