Institutions: Luxembourg Court of Appeal
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CoA, May 22, 2026, order concerning an application pursuant to R. 262A RoP, UPC_CoA_61/2026
Signing and lodging documents pursuant to R. 4.1 RoP: The procedural document itself must bear an electronic signature. It is not sufficient to simply “sign submission” in the CMS after the upload of a submission. This is necessary to guarantee the authenticity of a procedural document and to exclude the risk that it is not…
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CoA, May 27, 2026, infringement action, counterclaim, UPC_CoA_622/2025
Further substantiation of already conclusive first-instance submissions is not “new” on appeal: The appellant argued at first instance that circulation pumps are typically implemented as centrifugal pumps. On appeal, additional textbook excerpts were submitted to substantiate this point. The Court held this as concretization of already conclusive submissions. In addition, this submission was not contested…
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CoA, May 26, 2026, order to produce evidence, UPC_CoA_76/2026
Irreversible foreign regulatory consequences can justify suspensive effect: The defendants argued two-fold circumstances: (i) complying with the production order may violate Chinese export control regulations, while (ii) non-compliance with the production order would trigger penalties. The Court accepted, on a prima facie basis, these consequences and extended the time limit to comply with the production…
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CoA, May 26, 2026, security for costs, UPC_CoA_74/2026
discretionary review requires the impugned order to be manifestly erroneous : The claimant presented a number of reasons why, in its view, the impugned order is incorrect, including new arguments not raised at first instance. It failed, however, to demonstrate or even argue that the alleged errors are manifest. facts and arguments not raised cannot…
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CoA, May 22, 2026, judgement by default, UPC_CoA_21/2026
For the purposes of R. 355.2 RoP the appellant is regarded as the claimant in the appeal proceedings: A decision by default against the defendant of the claim or counterclaim 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…
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CoA, May 15, 2026, order on request for use of English at oral hearing, UPC-CoA-50/2026
The Court of Appeal may authorize oral hearings in a language other than the language of proceedings, without formally changing the language of the case, based on considerations of pragmatism and procedural efficiency: The appellants’ representative understood French but lacked sufficient oral proficiency for optimal representation. The Court permitted both parties to plead in English…
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CoA, May 19, 2026, order on request for a discretionary review, UPC-CoA-67/2026
Requirements for discretionary review pursuant to R. 220.3 RoP: When deciding whether to allow a discretionary review, the Court of Appeal must consider whether the impugned order of the Court of First Instance is manifestly erroneous and whether the impugned order raises a fundamental question of law and its review is necessary to ensure a…
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Court of Appeal, April 30, 2026, order rejecting appeal as inadmissible, UPC_CoA_1/2026
Ex officio assessment of admissibility: The Court of Appeal verifies ex officio compliance with the time limits and rules governing the appeal. When deciding on the admissibility of an appeal, an order rejecting the appeal as inadmissible does not exceed the scope of the claims (sec. 18, sec. 32). Strict application of rules governing the procedures…
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Court of Appeal, April 27, 2026, order on provisional measures, UPC_CoA_917/2025
Waiver of defence relating to invalidity: Unlike proceedings on the merits, where the Statement of defence shall include a Counterclaim for revocation (R. 25.1 RoP) if there is an assertion that the patent alleged to be infringed is invalid, an invalidity defence raised in proceedings for provisional measures is not a separate action. Similarly, a…
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Court of Appeal, standing judge, April 28, 2026, order on request for discretionary review, UPC_CoA_56/2026
Request for retroactive term extension should be made as soon as possible.: In the case at issue, the Respondent filed its implicit request for retroactive term extension as an alternative request to the request for the re-establishment of rights within the time period for the latter. The Court of Appeal held that it was not…
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Court of Appeal, April 24, 2026, Order concerning an application for suspensive effect (R. 223 RoP), UPC_COA_57/2026
Suspensive effect is exceptional and rarely granted for procedural orders: The Court confirmed three categories of exceptional circumstances that may justify a stay: (1) irreversibility of enforcement consequences; (2) manifest error in the impugned order; and (3) evident breach of fundamental procedural rights liable to affect the outcome of the proceedings. Under Art. 74(3) UPCA,…
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Court of Appeal, April 17, 2026, Order concerning a request for provisional measures, UPC_CoA_901/2025
Non-technical features (on their own a “non-invention” acc. to Art. 52(2) EPC) must not be excluded from the inventive step assessment if they contribute to the technical character of the invention through interaction with other claim features (headnote 1; para. 112): The Court held that the interrelationship and functioning of all claim features must be…
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Court of Appeal, April 16, 2026, Order, UPC_CoA_54/2026
The appeal period only starts once the Court of First Instance issues a reasoned decision (Art. 77(1) UPCA, R. 224.1(a) RoP).: Referring to R. 224.1 (a) RoP and Art. 77 (1) UPCA, the CoA held that the grounds of the decision are indispensable for the appellant in order to formulate the remedy soughtpusuant to R.…
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Court of Appeal, April 14, 2026, Order on suspensive effect, UPC_CoA_48/2026
The Court of Appeal can grant suspensive effect to an order pursuant to R. 220.2 RoP as Art. 74 UPCA prevails over R. 223.5 RoP.: The Court confirmed its established case law that in case of a conflict between the UPCA and Rules of Procedure , the UPCA prevails (R. 1.1 RoP), allowing it to…
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Court of Appeal, April 7, 2026, Order, UPC_CoA_21/2026
Security for costs under Art. 69(4) UPCA can only be ordered against the applicant who is initiating proceedings. Never in the applicant’s favour.: An “applicant” is defined as the person who initiates legal proceedings by filing an application. This one-directional mechanism ensures that the party brought involuntarily into proceedings is protected against unrecoverable costs. At…
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Court of Appeal, March 30, 2026, Order, UPC_CoA_12/2026
A party or its representative may prepare a private transcript of an oral hearing, based on an audio recording pursuant to R. 115 RoP. When producing a private transcript, a party or its representative may obtain support of an assistant or support staff, such as a stenographer, working in the presence and under the supervision…
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Court of Appeal, March 30, 2026, Order, UPC_CoA_302/2025, CoA_305/2025
Cost determination proceedings must always be initiated at the Court of First Instance, regardless of whether costs arise from first instance or appeal (R. 150 et seq. RoP): The cost determination procedure under Rules 150 et seq. RoP is a separate proceeding that must be filed with the Court of First Instance. The RoP does…
2 min Reading time→
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