Institutions: Local Division
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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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LD Duesseldorf, September 12, 2025, procedural order on subsequent application to amend patent, UPC_CFI_733/2024
Proportionality, flexibility, fairness, and equity are criterions for exercising discretion on admission of subsequent application to amend the patent: In exercising its discretion pursuant to R. 30.2 RoP, the court assesses whether an admission of a subsequent application to amend the patent complies with the principles of proportionality, flexibility, fairness, and equity. Substantial and specific…
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LD Milan, September 5, 2025, Confirmation of settlement, UPC_CFI_202/2025
No Reimbursement of Court Fees Following Settlement in Provisional Measures Proceedings: The LD Milan aligns with the LD Mannheim (see UPC CFI no. 500/2025, order of 28 August 2025, LD Mannheim) in holding that reimbursement of court fees is not granted following a settlement in proceedings for provisional measures, irrespective of the stage the proceedings…
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LD Düsseldorf, September 9, 2025, confidentiality order, UPC_CFI_100/2024, UPC_CFI_411/2024
No disclosure of confidential information in parallel national proceedings: In response to a request for confidentiality, the respondents asked the Local Division Düsseldorf to permit the disclosure of confidential information in parallel proceedings between the same parties at the Regional Court of Munich I (case no. 7 O 3152/24). The information was related to standing…
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LD The Hague, August 18, 2025, Order, UPC CFI 191/2025 & UPC CFI 192/2025
The scope of a review under R. 333 RoP is marginal and limited to the reasoned grounds submitted by the applicant: When reviewing a Judge-Rapporteur’s order, the full panel will not re-examine the entire decision but will confine its assessment to the specific, substantiated grounds for review raised by the applicant. Issues not challenged in…
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LD Munich, August 19, 2025, Procedural Order, UPC_CFI_319/2025
The court may separate proceedings against multiple defendants on its own initiative to ensure procedural efficiency, especially when service is delayed on some defendants (Rule 303.2 RoP): When service was completed for two defendants but not for two others, the court found it unreasonable to delay the action and ordered a separation to avoid stalling…
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LD Düsseldorf, September 3, 2025, Order, UPC_CFI_449/2025
The application for a default decision merely supplements, but does not replace, the main application for a PI and other provisional measures: Under R. 209.1(a) RoP, the Court notifies the defendant of an application for provisional measures and invite objections. If the defendant does not respond or declines to substantiate objections, the Court may decide…
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LD The Hague, August 29, 2025, Decision, UPC_CFI_684/2024
Claim interpretation: Feature 1.6 of claim 1 in the patent-in-suit (EP 1651838) was central to both infringement and validity. The dispute between the parties concerned, inter alia, the meaning of the wording “turning movements” in feature 1.6. The opposing views: o City Glass: “Turning movement” means an actual rotation (not just a torque). o Maars:…
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LD Munich, August 22, 2025, Decision, UPC_CFI_248/2024
Indications of purpose in a device claim: 1. Indications of purpose in a device claim regularly define a device in such a way that it must be suitable for use for the function and purpose specified in the patent claim. 2. If a device claim contains an indication of purpose, the only factor relevant for…
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LD Munich, August 26, 2025, Order, UPC_CFI_487/2023
Public access to the register: A law firm, as a member of the public, shall be granted access to pleadings and evidence upon submission of a reasoned request, pursuant to Rule 262.1 RoP. A reasoned request, in this sense, is a request that not only specifies the pleadings and evidence to which access is sought,…
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LD Munich, August 26, 2025, procedural order, UPC_CFI_248-2025
Security for costs: The court may, pursuant to Art. 64(4) UPCA and R.158.1 RoP, at its own discretion and upon the defendant’s application, order the provision of security for the costs of the proceedings and any other costs of the party, taking into account the facts and arguments presented by the parties. In doing so,…
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LD Mannheim, August 27, 2025, procedural order, UPC_CFI_521/2024
Rejection of submission: The court may, at its discretion, disregard not only unsolicited written submissions in addition to the regular written pleadings provided for in the RoP, but also the content of regular written pleadings that goes beyond the admissible content provided for in the RoP. This applies not only to new arguments or facts,…
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LD Hamburg, August 25, 2025, final order, UPC_CFI_688/2025
Representation and service: A lawyer authorised to represent a party in a proceeding on provisional measures is not automatically authorised to represent the same party in a subsequent infringement actionconcerning the same patent, even if there is a link between the two proceedings (cf. e.g. Article 32.2 UPCA and Rule 213 RoP). Hence, the defendant’s…
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LD The Hague, August 13, 2025, decision on the merits, UPC_CFI_327/2024
Cost decision on a counterclaim for revocation: If the patent is considered valid only in a form which is not claimed to be infringed, the patentee shall bear the costs of the counterclaim for revocation. However, if the counter claimant seeks revocation of claims not asserted against it, and those claims are upheld, a compensation…
4 min Reading time→
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