Institutions: The Hague Local Division
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LD The Hague, April 14, 2026, Procedural Order, UPC_CFI_1612/2025
Classification as confidential if parties agree on confidential nature of the information. : The Court acknowledges the confidential nature of specific information after the claimant did not object to the defendant’s corresponding assertion. A pre-existing broader NDA prevents a party from imposing a narrower confidentiality circle in UPC proceedings.: The Court determined that if confidential…
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LD The Hague, Infringement Action, February 24, 2026, UPC_CFI_619/2025
Broad injunctive relief covers future product variants without claim amendment (R. 263 RoP): Following the CoA’s Abbott/Sibio ruling (UPC_CoA_328/2024), a claimant requesting general injunctive relief covering patent claims can capture future product variants without amending its claim, provided the prayer for relief is drafted broadly enough, e.g., including “further versions or variants thereof.” Amendment to…
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LD The Hague, February 25, 2026, UPC_CFI_620/2025, UPC_CFI_1509/2025, UPC_CFI_1511/2025
A number of 42 auxiliary requests (ARs) in response to e Counterclaim for Revocation may be deemed unreasonable; the court can order the patentee to provide a structured tabular overview for procedural efficiency (Rule 30 RoP).: The court clarified that any further combinations of ARs not included in the claimant’s initial application to amend would…
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LD The Hague, March 3, 2026, infringement and validity, UPC_CFI_43/2025, UPC_CFI_103/2025
Jurisdiction is affirmed if no preliminary objection is filed (Rule 19.7 RoP).: The defendants, including a US-based defendant, did not file a preliminary objection under Rule 19.1 RoP and were therefore deemed to have submitted to the UPC’s jurisdiction. Claim construction (Art. 69 EPC) takes into account function; optional embodiments in the description do not…
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LD The Hague, February 18, 2026, application to amend, UPC_CFI_616/2025
An amendment to include a new product is permissible, but may be unnecessary if the initial claim for injunctive relief is already broadly worded: The Court found the claimant’s request for relief against infringing products “and/or further versions or variants thereof” was already broad enough to cover the new product. Even if one would consider…
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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 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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