Institutions: The Hague Local Division
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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 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 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 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…
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LD The Hague, May 23, 2025, Order on preliminary objection, UPC_CFI191/2025 and 192/2025
International jurisdiction by anchor defendant.: Pursuant to Art. 8(1) Brussels ibis Regulation (BR), a person domiciled in an EU Member State may also be sued, where he is one of a number of defendants, in the courts for the place where one of them is domiciled. In the present case, the judge rapporteur held it…
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LD The Hague, April 1, 2025, Order of the Court of First Instance, UPC_CFI_499/2024
Re-establishment of rights rejected: Defendant did not show “due care” to meet the deadline to file their Statement of Defence (R. 320 RoP): The Defendant had sufficient time to prepare the Statement of Defence and failed to utilize available resources like the CMS team function or request an extension. Despite the Defendant’s illness, the Court…
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LD The Hague, November 22, 2024, Decision on the merits, UPC_CFI_239/2023
Assessment of the scope of protection in infringement cases in two steps: (i) literal infringement; (ii) infringement by equivalence: The UPCA contains no provision on the infringement by equivalence, however, Art. 2 of the Protocol to Art. 69 EPC makes clear that equivalence must be considered: “For the purpose of determining the extent of protection…
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LD The Hague, September 17, 2024, Procedural Order on a Counter Claim for revocation – amendment of counter claim, ACT_586899/2023
Amendments to counterclaims are permissible even after the initial pleadings have been filed: The court emphasized that it will grant leave to amend when the amendment could not have been reasonably submitted earlier, such as when the opposing party makes an unexpected procedural move. This approach ensures fairness and allows the real issues in dispute…
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LD The Hague, July 31, 2024, order on provisional measures, UPC_CFI_195/2024
No lack of urgency although application filed more than nine months after becoming aware of sales of attacked embodiment: Applicant became aware of sales of the attacked embodiment (mushrooms) in UPC territory in late July 2023 and filed an application for provisional measures on May 14, 2024. In the meantime, applicant, amongst others, had three…
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LD The Hague, June 19, 2024, Order of the Court of First Instance, UPC_CFI_130/2024
LD has competence to hear the case in respect to Ireland: The court read Applicant’s application to also cover Ireland, which is a signatory state to the UPCA and therefore a Contracting Member State, even though Ireland has not yet ratified the Agreement. Pursuant to Art. 31 UPCA which provides that the international competence of…
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LD The Hague, June 25, 2024, procedural order, UPC_CFI_195/2024
Applicant/Defendant has to bear the cost of simultaneous interpretation in the case of a Polish translation : To effectively meet the requirements of the fundamental right to be heard, it is important to allow parties to use simultaneous interpreter(s) if they deem this necessary to enable them to fully participate in the oral hearing that…
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LD The Hague, May 1, 2024, UPC_CFI_379/2023, Procedural order
Withdrawal of action pursuant to R. 265 RoP and reimbursement of court fees: An application to withdraw shall be permitted if the other party consents to the withdrawal. The Court then issues a decision declaring the proceedings closed, resp. the case terminated. The decision includes a decision on costs and the decision will be published…
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LD The Hague, 4 March 2024, Order on confidentiality regarding financial information, UPC_CFI_239/2023
Limitation to “attorneys eyes only” possible under R. 262A RoP on protection of confidential information: Claimants applied for a confidentiality order (R. 262A RoP) regarding financial information which did not relate to the main action but to Defendant’s request for security for costs (R. 158 RoP). The LD The Hague decided that access to confidential…
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LD The Hague, 17 January 2024, Procedural order of court of first instance, UPC_CFI_239/2023
Calculation and extension of deadline to file defence to Counterclaim for revocation: The Defence to the Counterclaim for revocation and any Application to amend the patent pursuant to Rule 30 RoP must be filed within two months of service of a Statement of defence containing a Counterclaim for revocation. The separate official service of the…
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LD The Hague, 15 February 2024, R.9 Order on the Application of Art. 33(3) UPCA, UPC_CFI_239/2023
No bifurcation of infringement action and counterclaim for revocation (as unanimously requested by the parties): A joint hearing of the infringement action and the counterclaim seems to be appropriate in particular for reasons of procedural expediency and avoids the risk of delay that might be involved with bifurcating. It is also preferable because it allows…
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LD The Hague, February 15, 2024, procedural order, UPC_CFI_239/2023
1. Decision against bifurcation before closure of written procedure: The Local Division The Hague decided to hear both the infringement action and the counterclaim for revocation (Art. 33(3)(a) UPCA) and not to bifurcate. This desicsion was taken before the closure of the written procedure (R. 37.2 RoP) for practical reasons. The decision was in conformity…
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LD, The Hague, February 13, 2024, Order, UPC_CFI_239/2023LD
Each party must bear its own legal costs until a final decision and cost order is made: Even if both parties are start-ups or SMEs, both parties have a limited cash-flow, are competitors of each other and the claimant has limited financial capacities, each party must bear its own legal costs until a final decision…
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