Institutions: Luxembourg Court of Appeal
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Court of Appeal, July 13, 2026, UPC_CoA_79/2026
Withdrawal before service on respondents is admissible; respondents need not be heard under R. 265.1 RoP if they have no legitimate interest in continuation.: Since the statement of appeal was still undergoing formal examination under R. 229 RoP and had not yet been served on the respondents, the respondents had no legitimate interest in having…
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Court of Appeal – Right to Be Heard, Manifest Error, and Suspensive Effect in UPC Patent Appeal Proceedings – UPC-CoA-93/2026, 15 July 2026, Siemens Healthineers AG v. Hologic, Inc.
Headnotes: The principle of the right to be heard according to Art. 76(2) UPCA obliges the court to take note of and give due consideration to the submissions of the parties to the proceedings. Among other things, this principle requires the court to deal with the essential substance of a party’s submissions and, insofar as…
7 min Reading time→ -
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CoA, July 10, 2026, request for a discretionary review, UPC_CoA_95/2026
Discretionary review under Rule 220.3 RoP requires demonstrating manifest error or a fundamental question of law with systemic implications purely case.: The Court of Appeal confirmed the standard established in earlier decisions: discretionary review is available only where the contested order is manifestly erroneous or raises a fundamental legal question with broader implications for the…
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Court of Appeal, July 13, 2026, decision, UPC_CoA_473/2025
Defending Dependent Claims Without Formal Amendment: A patentee can defend dependent claims without filing a formal application to amend under Rule 30 RoP; R. 30 RoP does not require that the patentee submit an auxiliary request as a prerequisite for defending dependent claims. An Application to amend the patent is only required if the patentee…
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CoA, July 8, 2026, appeal decision regarding request for provisional measures, UPC-CoA-36/2026
An invalidity attack filed for the first time on appeal, will be considered inadmissible absent a compelling justification for its late submission (R. 222.2 RoP): When exercising its discretion under R. 222.2 RoP, the CoA weighs the justification for the late submission, its relevance to the appeal, and the position of the opposing party. A…
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CoA, July 6, 2026, Decision regarding application to withdraw (R. 265 RoP) and reimbursement of court fees (R. 370.9 RoP), UPC-CoA-29/2026, UPC-CoA-30/2026
R. 265.1 RoP applies equally to withdrawals of appeals and first instance actions, provided no final decision has yet been issued: The CoA confirmed its consistent case law that R. 265.1 RoP, which permits withdrawal of an action before a final decision is issued, applies equally to appeal proceedings. With both appellant and respondent having…
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Court of Appeal, 3 July 2026, Order, UPC_CoA_302/2025 & UPC_CoA_305/2025
An application for a cost decision must always be filed with the CFI even if the costs arise exclusively from appeal proceedings: Proceedings for cost decision is a distinct, separate procedure under Rules 150 et seq. RoP, always commencing before the Court of First Instance (CFI). Otherwise, no appeal against cost decisions would be possible…
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CoA, 02 July 2026, order on security for costs, UPC-CoA-935/2025
Art. 69(4) UPCA permits an order for security for costs only against the applicant: Art. 69(4) UPCA permits an order for security for costs only against the applicant, but not in the applicant’s favour. “Applicant” is the party that initiates the relevant proceedings by lodging the procedural act by which those proceedings are commence (see…
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CoA, June 29, 2026, CoA Partially Overturns Broad Evidence Production Order: Limits on Scope Clarified, UPC_CoA_57/2026
The CoA partially overturned a broad evidence production order of the LD Copenhagen and clarified the limits on the scope. The Court of First Instance had ordered Appellant to produce, subject to a penalty payment of up to EUR 1,000 per day of delay, complete construction drawings, manuals and “other materials” provided to customers.Appellant appealed,…
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CoA, June 29, 2026, Appeal decision on public access to file under R. 262.1(b) RoP, UPC_CoA_52/2026 and UPC_CoA_53/2026
In two parallel infringement proceedings that had been terminated before a decision on the merits was rendered, a law firm applied for access to the parties’ written submissions under R. 262.1(b) RoP, citing educational and advisory purposes. The judge-rapporteur of the Munich LD granted access subject to redactions of confidential information. Appellant challenged the decision,…
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UPC-CoA-066/2026, Decision of the President of the Court of Appeal, 29 June 2026
An application to remove an unauthorised application to opt out pursuant to R. 5A RoP must: a) either demonstrate that the person who filed the application to opt out, at the time of filing the application, was not the person shown in each national patent register for which the European patent was validated as the…
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Court of Appeal, June 29, 2026, Denies Leave to Appeal Cost Decision
Appeals of cost decisions are subject to a limited ‘marginal review’ for reasonableness and proportionality, not a full re-assessment (R. 221 RoP, R. 156.2 RoP): This limited review is justified because the first-instance judge-rapporteur, who decides on costs in writing under R. 156.2 RoP, has managed the case throughout and is best positioned to assess…
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Court of Appeal, 2 July 2026, Order, UPC-CoA-19/2026
Urgency for provisional measures is assessed per patent: delaying filing to consolidate all patents into one application can constitute unreasonable delay under R. 211.4 RoP.: A patent holder need not assert all patents in a single application for provisional measures. If sufficient information exists to file regarding some patents, waiting to consolidate all patents into…
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CoA, 22 June 2026, order on a preliminary objection (R. 19 RoP), UPC-CoA 50/2026
Commercial link (Art. 33(1)(b) UPCA) requires relations between defendants regarding commercial activities for the alleged infringing product or range.: These activities include research and development, manufacturing, sales, and distribution of the product or product range. Membership in the same corporate group can establish a commercial link (Art. 33(1)(b) UPCA) if each defendant’s activity relates to…
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CoA, 22 June 2026, order on appeal against a preliminary objection (R. 19 RoP), CoA-4/2026 and CoA-13/2026
Article 33(1), third paragraph UPCA, establishes alternative, not exceptional, competence for the Central Division regarding defendants outside Contracting Member States.: The provisions do not limit the Central Division’s competence for non-CMS defendants, nor does its placement imply a hierarchy over local or regional divisions. The Central Division is competent for defendants domiciled outside CMS (Art.…
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Court of Appeal, June 18, 2026, order on provisional measures, UPC_CoA_907/2026
New facts and evidence on appeal face a strict admissibility threshold under Art. 73(4) UPCA and R. 222.2 RoP.: The Court considers three factors:(a) whether the party can justify that the submissions could not reasonably have been made at first instance,(b) the relevance of the new submissions, and(c) the position of the other party.Evidence relating…
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Court of Appeal, June 10, 2026, Order, UPC_CoA_85/2026
A value-in-dispute determination is a procedural decision governed by R. 220.2 and R. 220.3 RoP, even when included in the operative part of a final decision: The appellate regime of an order depends on its substantive nature, not on whether it appears alongside other orders in a final decision. A value-in-dispute determination could have been…
4 min Reading time→
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