Institutions: Luxembourg Court of Appeal
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CoA, March 16, 2026, Order concerning a Preliminary Objection, UPC_CoA_904/2025, UPC_CoA_905/2025
A preliminary objection may also be deferred to the main proceedings by the panel, not only by the judge-rapporteur: The Court of Appeal clarifies that a decision under R. 20.2 RoP to deal with a preliminary objection in the main proceedings is not reserved to the judge-rapporteur alone. Where the matter has been referred to…
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CoA, March 13, 2026, Order on Preliminary Objections Concerning International Jurisdiction, UPC_CoA_922/2025, UPC_CoA_923/2025, UPC_CoA_924/2025, UPC_CoA_925/2025
The Statement of claim must already set out the facts and legal arguments establishing the UPC’s jurisdiction.: The Court of Appeal makes clear that, as a rule, the claimant must already set out in the Statement of claim the facts and legal arguments necessary to establish the UPC’s jurisdiction. That applies especially where the claimant…
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Court of Appeal, March 11, 2026, Decision, UPC_CFI_934/2025
Rule 265 RoP applies to applications for provisional measures, not only to “actions” in the narrow sense.: The Court of Appeal clarified that the term “action” (Klage) in Rule 265.1 RoP encompasses applications for provisional measures. The withdrawal mechanism is therefore not limited to main proceedings such as infringement or revocation actions but extends to…
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Court of Appeal, March 6, 2026, Decision, UPC_COA_895/2025 & UPC_COA_896/2025
Withdrawal of appeal permitted under R. 265(1) RoP where the respondent consents and has no legitimate interest in the action being decided.: Under R. 265.1 RoP, a party may withdraw its action as long as no final decision has been rendered. The withdrawal shall not be permitted if the other party has a legitimate interest…
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Court of Appeal, March 10, 2026, Order, Retroactive Time Extension under R. 9.3(a) RoP – UPC_CoA_37/2026
R. 9.3(a) RoP, not R. 320 RoP, governs deadline extensions for written submissions in ongoing proceedings: R. 320 RoP applies only where missing a time limit causes a party to lose a substantive right or means of redress, such as the right to initiate appeal proceedings or to challenge default judgments. Failure to meet a…
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Court of Appeal, March 6, 2026, Order, UPC_CoA_789/2025 and UPC_CoA_813/2025 – Provisional Measures for Hair Care Appliance Attachment Patent
Claim construction must balance function and structure: interpreting structural claim features solely by their function is insufficient; the physical and spatial configuration taught by the patent must equally be considered (Art. 69 EPC, Protocol on Interpretation).: In the specific case the Court of Appeal held that an “overlap” in the patent claim must be geometrically…
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Court of Appeal, February 26, 2026, request for discretionary review, UPC_CoA_34/2026
A penalty order under R. 354.4 RoP is appealable only via the leave-to-appeal mechanism: The appellant argued that the CFI’s reference to R. 354.4 RoP in the impugned order created the impression that leave to appeal had already been granted, analogous to Total v. Texas Instruments (CoA_651/2024). The Court of Appeal rejected this, holding that…
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Court of Appeal, February 27, 2026, request for further exchanges of written pleadings, UPC_CoA_884/2025
Requests, facts and evidence from first instance automatically form part of appeal proceedings (R. 222.1 and R. 222.2 RoP): The appellant argued it needed an additional round of written pleadings to respond to six auxiliary requests raised by the respondent in its Statement of Response. The judge-rapporteur rejected this application, finding no justification for reopening…
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Court of Appeal, March 3, 2026, order on a R.265 RoP application and determination of value in dispute, UPC_CoA_887/2025
A claimant can withdraw an action for provisional measures even during a pending appeal, with the defendant’s consent, closing proceedings at both instances (R. 265.1, R. 265.2 RoP).: The Court permitted the withdrawal requested by the claimant and consented to by the defendant, as no final decision had been made. Upon withdrawal of an action,…
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Court of Appeal, March 4, 2026, Order, UPC_CoA_678/2025
The written procedure on appeal is limited; there is no automatic right to reply to the Statement of Response (Part 4 RoP, R. 237, R. 238 RoP): Under Part 4 of the Rules of Procedure, the appellant may file a Statement of Grounds of Appeal and the respondent a Statement of Response. No further written…
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Court of Appeal, March 6, 2026, Referral to CJEU, UPC_CoA_789/2025 and UPC_CoA_813/2025
UPC refers to CJEU for guidance on whether jurisdiction over a non-EU defendant can be based on a UPC-domiciled co-defendant for acts in a non-UPC Member State (Art. 8(1) in conjunction with Art. 71b(2) Reg. 1215/2012).: The CoA questions if an alleged direct infringer and an alleged intermediary are in the “same situation of fact…
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Court of Appeal, 24 February 2026, Decision concerning public access to the register, UPC_CoA_9/2026, UPC_CoA_10/2026
Reasoned requests regarding access to documents (R. 262.1(b) RoP) shall be made to the relevant division + separate responsibility of Court of First Instance and Court of Appeal: This ensures that the decision will be taken by the judge-rapporteur, who is familiar with the case file. Headnotes: Reasoned requests to the Registry for written pleadings…
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Court of Appeal, February 24, 2026, decision, UPC_CoA_883/2025; UPC_CoA_892/2025
Rehearing is an exceptional remedy; only fundamental, outcome‑determinative procedural defects justify reopening final appeal decisions (Art. 81(1) UPCA; R. 245, 247 RoP): The court reaffirms the rulings in UPC_CoA_405/2024, decision of 19 June 2025, Alexion vs Amgen, and UPC_CoA_402/2024, decision of 19 June 2025, Alexion vs Samsung. Especially, it is the applicant’s responsibility to demonstrate…
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Court of Appeal, February 17, 2026, application to stay proceedings, UPC-CoA-937/2025
A stay of UPC proceedings pending a parallel EPO opposition is discretionary, even if a rapid decision of the EPO is expected: Pursuant to Article 33(10) UPCA and R. 295(a) RoP, an exception to the principle that the Court will not stay revocation proceedings pending opposition proceedings applies when a rapid decision may be expected…
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Court of Appeal, February 18, 2026, suspensive effect, UPC_CoA_19/2026
Applications for suspensive effect against interim cost awards are admissible in provisional measures cases: The Court clarified that the prohibition on suspensive effect in R. 223.5 RoP does not apply to appeals against interim cost awards (R. 220.1(c) RoP), which are considered orders under Art. 62 UPCA. Suspensive effect is an exception granted only (i)…
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Court of Appeal, February 17, 2026, final decision, UPC_CoA_302/2025
Pursuant to Art. 75(1) UPCA, where the CoA sets aside a decision of the CFI, it shall, as a rule, give a final decision itself: The CoA, after considering the appeal of the Claimant (and revocation defendant) against the judgment of the CFI in the counterclaim for revocation to be well-founded, must, in order to…
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CoA, February 9, 2026, decision concerning a decision of the EPO to reject a request for unitary effect
Unitary effect under Article 3(1) of Regulation 1257/2012: Unitary effect under Article 3(1) of Regulation 1257/2012 requires a patent to be granted for all UPC Member States; a “carve-out” for non-designated states is not permissible. Division UPC Court of Appeal UPC number UPC_CoA_8/2026 Type of proceedings Appeal against a decision concerning an Application to annul a decision…
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