Institutions: Local Division
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LD Duesseldorf, Order, December 19, 2025, UPC_CFI_515_2025
No Default Decision Despite Non-Response: Under R. 209.1(a) RoP, the Court has discretion to inform the defendant of an application for provisional measures and to invite an objection within a specified time limit. If the defendant fails to lodge or substantiate such an objection, as occurred in this case, the Court may decide the application…
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LD Munich, decision, december 19, 2025, UPC_CFI_437/2024, UPC_CFI_681/2024
Squeeze of claim interpretation and added matter: Claim interpretation Principles The interpretation of a patent claim is a matter of law (Court of Appeal UPC_CoA_405/2024, 19 June 2025 – Alexion/Amgen). Therefore, the Court cannot leave the judicial task of interpreting the patent claim to an expert but must construe the claim independently (Court of Appeal,…
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LD Duesseldorf, December 10, 2025, Decision, UPC_CFI_316/2024 and UPC_CFI 547/2024
Recall, removal and destruction generally not applicable in cases of indirect infringement: Orders for recall, removal from the channels of commerce and destruction are generally not considered in cases where products are only challenged on the grounds of indirect patent infringement. (Headnote 1) Claimant must provide sufficient facts to justify award of fixed-rate damages: Although…
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LD Milan, December 12, 2025, Order on Service in China, UPC CFI_766/2024
The Hague Service Convention is applicable in the UPC system regardless of any additional national requirements : The Article 15(2) of the Hague Service Convention is entirely applicable in UPC System, regardless of any additional requirements for service within each Member State. Indeed: (i) the service system in the UPC is uniform; ii) participating Members…
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LD Munich, December 12, 2025, decision on infringement action and counterclaim for revocation, UPC_CFI_146/2024 et al
The application of a legal standard by the Court of First Instance (CFI), which was established by the Court of Appeal (CoA) subsequent to the oral hearing, does not in itself necessitate a reopening of the oral hearing.: In its assessment of the inventive step, the Munich Local Division applied the test established by the…
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LD Munich, December 12, 2025, Order on Security for Costs, UPC_CFI_525/2025
Security for costs for Taiwanese company may be ordered: Security for costs application against a claimant company established in Taiwan can be accepted as the facts provided in the case indicate that enforcing a cost decision in Taiwan would be at least unduly burdensome especially because neither Taiwanese legislation nor any international agreement provide certainty…
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LD Düsseldorf, December 5, 2025, order re. provisional measures, UPC_CFI_712/2025
An independent process claim and the corresponding description can only be relevant when determining the scope of protection of an independent product claim if the patent specification indicates that it also describes characteristics of the claimed product (headnote 1): Principle of Irrelevance (mn. 145): The court establishes that since the patent protects a product via a…
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LD Mannheim, December 5, 2025, Decision, UPC_CFI_414/2024, UPC_CFI_729/2024
Dismissal due to lack of substantiation after contest of facts : Defendants specifically denied that their products’ functionalities in question are incorporated in the source code of the attacked embodiments. Claimant fails to substantiate in more detail, why it is of the opinion, that this is not true or relevant and point to specific facts…
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LD Mannheim, December 5, 2025, Procedural order re. adjournment of proceedings, UPC_CFI_414/2024
R. 114 RoP is applicable only in exceptional situations where, during the oral hearing, a specific issue or a specific in-depth investigation is identified as necessary and cannot reasonably be completed within the existing hearing slot. : Claimant’s request to reopen the oral hearing and to set a further date for the oral hearing was…
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LD Brussels, December 4, 2025, decision on withdrawal of infringement action and recoverable costs, UPC_CFI_415/2025
As the Court previously held (cf. LD Düsseldorf – UPC_CFI_355/2025 and UPC_CFI_186/2025 – Fujifilm/Kodak), the focus of appropriateness “is primarily on the amount of costs incurred” and this from an ex ante perspective. When assessing these costs, elements which could be taken into consideration (having regard to the specifical circumstances of a withdrawal of an…
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LD Paris, November 21, 2025, order on provisional measures, UPC_CFI_697-2025
Clarification of “Unreasonable Delay” under Rule 211.4 RoP: The LD Paris clarifies that the relevant moment for assessing delay is the point in time when the applicant knew or should have known about the upcoming infringing act – not when infringement has already occurred, thereby aligning with other UPC case law (cf. UPC CoA ORD_44387/2024,…
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LD Düsseldorf, November 17, 2025, application to withdraw infringement action (R. 265 RoP), UPC_CFI_541/2025
Practical guidance on withdrawing an action against a single defendant in a multi-party case: The claimant had filed an infringement suit against two entities, Wizart Inc. and Wizart LLC. However, after facing difficulties serving the claim and being informed by the first defendant that the second was a “non-existent company,” Leap Tools moved to withdraw…
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LD Düsseldorf, November 17, 2025, order re inspection and preserve evidence, UPC_CFI_885/2025
The court ordered the full disclosure of an expert’s inspection report to the patentee because the defendant failed to identify any trade secrets within the given deadline, confirming that parties must actively claim confidentiality to receive protection: Following a court-ordered inspection (saisie-contrefaçon) at a trade fair, an independent expert prepared a detailed report on the…
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LD Düsseldorf, November 19, 2025, order re confidentiality (R. 262A RoP), UPC_CFI_539/2024
In response to confidentiality interests asserted by the respondent to an application for preservation of evidence (the alleged infringer), the court may order a partial redaction of the expert report before its release to the applicant (the patent holder): The court mandated the redaction of specific commercial data. This includes prices and order quantities, which…
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LD Düsseldorf, November 11, 2025, UPC_CFI_515_2025
Proper service of application of provisional measures when service via the official route fails: If an application for provisional measures is to be served under the Hague Convention, and the authority responsible for the service does not effect service for several months, the Court may deem the steps taken so far sufficient for proper service.…
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LD Brussels, November 12, 2025, UPC_CFI_407/2025, UPC_CFI_408/2025
Pursuant to R. 197.1 RoP, the Court may order measures to preserve evidence without the defendant having been heard. R. 197.3 RoP specifies a review process by the defendant. The LD Brussels finds that this review is a two-step process: (1.) Was the ex parte order rightly issued considering the facts and evidence brought forward…
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LD Düsseldorf, October 31, 2025, order of the court of first instance, UPC_CFI_630/2025
Realization of technical effects and “inferior embodiments”: When an attacked embodiment realizes all structural features of a device claim and the claim does not require the realization of a particular technical effect, the claim is infringed regardless of whether the composition of the structural features in the attacked embodiment achieve a technical effect intended by…
4 min Reading time→
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