Institutions: Luxembourg Court of Appeal
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CoA, September 3, 2026, Order concerning an application for the preservation of evidence and inspection (R. 192 RoP), UPC_CoA_113/2026
An order to preserve evidence pursuant to Art. 60 UPCA also allows for the seizure of promotional and commercial documents (potentially) proving infringing activities and is not limited to documents concerning the technical details of the product or process in question. : headnote 1: “The scope of application of Art. 60 UPCA is not limited…
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Court of Appeal, August 28, 2026, Decision UPC_CoA_678/2025
Admissibility of patent amendments (R. 30.1 RoP): Review is limited to whether the patentee filed an explanation on Art. 84 and 123(2),(3) EPC compliance — not whether that explanation is convincing. Convincingness is a merits question, decided at the validity stage. Claim construction after amendment: The unamended parts of the description remain a valid explanatory aid for interpreting…
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Court of Appeal, August 31, 2026, Order, UPC_CoA_312/2025
Suspensive effect is the exception, not the rule for applications for rehearing (Art. 81(2) UPCA, R. 252 RoP). : The filing of an application for rehearing against a final decision of the Court of Appeal does not automatically suspend its enforceability. Suspensive effect requires a positive, separate decision of the Court and constitutes a departure…
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Court of Appeal, August 21, 2026, Order on Application for Provisional Measures, UPC-CoA-61/2026
Cost apportionment where success is achieved on only one of several patents at issue: The unsuccessful party may be ordered to bear costs specifically attributable to “its” patent (Art. 69(2) UPCA): In the dispute concerning preliminary measures, two patents were at issue originally, EP201 and EP198. However, the applicant withdrew its request based on EP201…
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Court of Appeal, August 21, 2026, Order on Application for Suspensive Effect, UPC_CoA_135/2026
Violation of principle of party disposition constitutes “manifest error”: The Court of First Instance is strictly bound by the relief requested according to Art. 76(1) UPCA and cannot award more than is requested. In case a court awards more than is requested (e.g. change of “and”-warning into “or”-disclaimer) this constitutes a manifest error under Art.…
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Court of Appeal, August 21, 2026, Order on the Admissibility of the Appeal, UPC-COA-0894/2025
Logging into the CMS via secure two-factor authentication is insufficient to make effective submissions: under Rule 4.1 RoP all pleadings must be signed with a certified electronic signature: The Court of Appeal confirmed that secure authentication to log into the CMS only verifies the user’s identity for system access. It does not replace the mandatory…
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Court of Appeal, August 27, 2026, Order to Produce Evidence, UPC_CoA_76/2026
R. 190 RoP does not permit fishing expeditions: The purpose of R. 190 RoP is to enable access to specified evidence that is not readily accessible to the party bearing the burden of proof. An order under R. 190 RoP requires reasonably available evidence supporting the plausibility of the claim and is subject to the…
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Court of Appeal, August 19, 2026, Decision, UPC-CoA-908/2025, UPC-CoA-909/2025, UPC-CoA-918/2025
New legal arguments raised on appeal are admissible under R. 222.2 RoP if grounded in facts already submitted before the Court of First Instance: R. 222.2 RoP only allows the Court of Appeal to disregard new facts and evidence, not new legal arguments. Since claim construction is a question of law, the appellant could challenge the first…
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Court of Appeal, August 17, 2026, Order on Permissibility and Appeal of Conditional Counterclaims for Revocation, UPC-CoA-40/2026, UPC-CoA-123/2026
Infringement actions and revocation counterclaims are separate actions under Art. 32(1) UPCA, making a conditional counterclaim an “inter-procedural” condition that determines whether a separate appeal or a cross-appeal must be lodged: Since the infringement action and the counterclaim for revocation are adjudicated in separate proceedings, a condition linking the counterclaim to the outcome of the…
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CoA Luxemburg, August 13, 2026, Central Revocation Action, UPC_CoA_884/2025 (appeal from UPC_CFI_231/2024)
Added matter: Omitting a feature disclosed together with claimed features constitutes added matter only where an extricable functional or structural link exists between the omitted and claimed features (Art. 138(1)(c) EPC, Art. 65(2) UPCA).: One situation where added matter may arise is when claimed subject-matter is obtained by importing one or more features from a…
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Court of Appeal, 17 August 2026, Order, UPC_CoA_69/2026, UPC_CoA_71/2026, UPC_CoA_72/2026
A ruling on evidence production keeps its own 15-day appeal clock, even when buried inside the main decision: The Munich Local Division rejected NST’s request for Qualcomm’s source code inside the same document as its ruling on infringement. It never mentioned this rejection in the operative part. The Court of Appeal said this does not…
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CoA Luxemburg, August 17, 2026, appeal against an order on forfeiture of penalties, UPC_CoA_87/2026
A defendant addressed by an injunction must control third parties and platforms used to market the attacked product, to ensure compliance with the order (Art. 82(4) UPCA, R. 354 RoP).: Where a defendant assigns tasks to third parties to fulfil an injunction, or provides content to a third-party marketing platform, it remains responsible for ensuring…
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CoA, August 17, 2026, UPC_CoA 365/2025 & UPC_CoA 367/2025
Jurisdiction does not depend on whether the UPCA governs the merits: Knaus Tabbert argued the UPC had no power to decide on acts before 1 June 2023. It pointed to an old opt-out that had been withdrawn, and to caravan sales that spanned both sides of that date. The Court disagreed. The Court must be…
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CoA, August 3, 2026, order concerning penalty orders, UPC-CoA-28/2026
If the Court of Appeal revokes a first-instance decision in merits proceedings in which orders were granted under recurring penalty payments, the revocation has retroactive effect and the order must be regarded as never having had any legal effect. : The revocation of an order of the Court of First Instance granting a permanent injunction…
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Court of Appeal, August 4, 2026, Order, UPC_CoA_121/2026
Suspensive effect under Art. 74(1) UPCA and R. 223.2 RoP is granted only exceptionally, where the applicant proves its interest in maintaining the status quo until the decision on its appeal exceptionally outweighs the respondent’s interest.: Relying on its own case law, the Court of Appeal confirmed that an exception may apply if the impugned…
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CoA, August 5, 2026, order on an application for suspensive effect, UPC_CoA_118/2026, UPC_CoA_119/2026, UPC_CoA_120/2026
Admissibility of appeals requires that the appellant is adversely affected by the first-instance decision under Art. 73(2) UPCA and R. 220.1 and 220.2 RoP.: An appeal by the claimant is inadmissible if the first-instance order did not rule on the admissibility of the counterclaim against the claimant, but only against the intervener. The claimant is…
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CoA, July 22, 2026, Order – Admissibility of New Auxiliary Requests on Appeal Not Determined in Advance, UPC-CoA-63/2026 & UPC-CoA-64/2026
Admissibility of new auxiliary requests is not necessarily determined upfront: The Court did not rule on the admissibility of new auxiliary requests filed with the Statement of grounds of appeal in a separate, preliminary ruling. It found that the assessment of admissibility of those requests required consideration of the procedural history of the case and…
2 min Reading time→
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