Institutions: Local Division
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LD Hamburg, November 5, 2025, Decision Regarding Infringement and Counterclaim for Revocation, UPC_CFI_461/2024, UPC_CFI_718/2024
The “same invention” test for priority (Art. 87 EPC) equals the standard for added matter, confirming a consistent disclosure standard across the UPC.: The Court confirmed the recent Dusseldorf LD decision (UPC_CFI_115/2024, Decision of 15 October 2025) that for purposes of determining the correct priority date, the same standard applies as for added matter, as…
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LD Hamburg, October 21, 2025, order in the proceedings for provisional measures, UPC_CFI_553/2025
Competence of LD Hamburg, Art. 33 (1) lit. a UPCA: imminent infringement: To establish jurisdiction, at least the plausible allegation of infringing acts in the country in question is necessary. A situation of imminent infringement may be characterised by certain circumstances which suggest that the infringement has not yet occurred, but that the potential infringer…
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LD The Hague, October 21, 2025, decision by default, UPC_CFI_499/2024, ACT_48877/2024
Decision by default: According to R. 355.2 RoP, a decision by default against the defendant may only be given where the facts put forward by the claimant justify the remedy sought and the procedural conduct of the defendant does not preclude to give such decision. In view of this, LD The Hague stated that it…
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LD The Hague, October 22, 2025, provisional measures, UPC_CFI_587/2025
The need for a certain amount of time to assess infringement does not generally constitute an unreasonable delay in seeking provisional measures (R. 211.4 RoP): In March 2025, the extent to which the claims would be upheld was decided in the oral hearing of the opposition proceedings before the EPO. The Proprietor then purchased the…
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LD Düsseldorf, October 17, 2025, Order in the proceedings for provisional measures, UPC_CFI_515/2025
Regular order in the PI proceedings (no decision by default) if the defendant does not lodge an objection within the deadline set by the Court: The Court may issue a regular order for provisional measures based on the application for provisional measures, rather than a decision by default, when a defendant chooses not to lodge…
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LD Düsseldorf, October 16, 2025, order re. service of PI request under the Hague Convention
If an application for provisional measures is to be served under the Hague Convention, and the authority responsible for the service informs the Court several months after the request that service cannot be effected because the defendant does not exist at the provided address, the Court may deem the steps taken so far sufficient for…
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LD Düsseldorf, September 29, 2025, Order, UPC_CFI_496/2025
An infringement action can be withdrawn with the defendant’s consent under Rule 265.1 RoP, leading the Court to declare the proceedings closed.: Before the written procedure closed, the claimant applied to withdraw the action. The defendants consented, and the Court, following the parties’ joint will, allowed the withdrawal and closed the case. When an action…
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Court of Appeal, October 2, 2025, decision, UPC_CoA_764/2024, 774/2024
Added matter standard – directly and unambiguously derivable: Whether the subject matter of the granted claim extends beyond the content of the application as originally filed is determined by considering what information a person skilled in the art, based on objective considerations and referring to the filing date and using its general technical knowledge, would…
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CoA, September 23, 2025, Order concerning an application to intervene, UPC_CoA_631/2025, UPC_CoA_632/2025
Intervention in appeal proceedings is admissible if a direct legal interest in an interim order is shown (R. 313 RoP): The Applicant was allowed to intervene in the appeal proceedings because the confidentiality regime for license agreements submitted in the proceedings could affect the Applicant’s business interests by exposing its confidential information to competitors. Legal…
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CoA, September 23, 2025, Procedural Order concerning an application to intervene, UPC_CoA_755/2025, UPC_CoA_757/2025
Intervention by a third party is admissible if a direct legal interest in the appeal’s outcome is established (R. 313 RoP): The Applicant was permitted to intervene in the appeal proceedings because confidential information about its business agreements was at risk of disclosure due to the contested orders. The Court found that the Applicant’s interest…
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LD Milan, September 23, 2025, order, UPC_CFI_342/2025
The court established a confidentiality club under Rule 262A RoP for documents preserved in the preservation of evidence containing confidential information.: Content 1 Access was granted to the applicant’s representatives, one external technical advisor (bound by professional confidentiality rules), and a designated individual from the applicant company (Rule 262A.6 RoP).: The Court did not follow…
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LD The Hague, September 11, 2025, Order on provisional measures based on equivalence, UPC_CFI_479/2025
Infringement by equivalent embodiment likely: The challenged embodiments comprised an L-shaped strip that was made of plastic, not of metal. The patent claimed an “L-shaped metal strip”. The Court applied the test for equivalence adpoted in Plant-e v. Arkyne (LD The Hague of 22 November 2024, UPC_CFI_239/2023). It found equivalent infringement more likely than not.…
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LD Mannheim, September 12, 2025, Decision, UPC_CFI_338/2024
Direct infringement when supplying set of components: If the patent-protected product is specifically designed to easily assemble its components at the place of use without the addition of further items, the mere offering or supplying of all components already constitutes a direct patent infringement within the meaning of Art. 25(a) UPCA. Direct infringement when supplying…
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LD Mannheim, September 16, 2025, order on the production of evidence, UPC_CFI_247/2025
Production of license agreements in FRAND context ordered.: Pursuant to R. 190 RoP and taking into account the stage of the proceedings, the production of license agreements was ordered insofar as the claimant agreed to submit the license agreements specified by it but could not receive the consent of its respective contractual partners to submit…
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LD Mannheim, September 12, 2025, Order of the President of the Court of First Instance, UPC_CFI_481/2025
Key takeaway If the language of proceedings shall be changed and the parties’ interests are weighed, the defendant’s interests shall prevail in the event of equal outcome.: In the event that the weighing of interests of the defendant and the claimant results in a draw, the position of the defendant – having not initiated the…
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LD Paris, September 17, 2025, Procedural Order, UPC_CFI_697/2025
Key takeaway Appropriate length of objection is related to length of application for provisional measures.: The application filed had a length of 30 pages. Even though two intellectual property titles (a patent and its corressponding supplementary protection certificate) are at issue, the 470-page objection filed by the respondent was held to be inappropriate in the…
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LD Duesseldorf, September 12, 2025, procedural order on further exchanges of written pleadings, UPC_CFI_733/2024
Strict requirement for R. 36 RoP application for written submissions beyond those foreseen in the Rules: The correct means to introduce written pleadings outside the regime provided for in the Rules of Procedure is an application pursuant to R. 36 RoP. Such an application must be made prior to the date on which the judge-rapporteur…
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