Institutions: Luxembourg Court of Appeal
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Court of Appeal, December 29, 2025, decision on revocation action, UPC_CoA_71/2025
Accuracy of translation to be checked at an early stage: The Appellant argued that a translation of a Korean prior art document filed by the Respondent in first instance was incorrect and at best inaccurate and filed own translations on appeal. The CoA holds that these translations are late filed and shall be disregarded. Given…
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Court of Appeal, Standing Judge, December 29, 2025, order regarding an application for suspensive effect, UPC-COA-0000936/2025
No “manifestly” erroneous decision if point of contention is a complex issue requiring in-depth-analysis: The Appellant argues that the impunged order of the LD Mannheim is based on the evidently incorrect assumption that a decision by the UK Court on a request for a court determined license by the Appellant would be equal to an…
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Court of Appeal, December 23, 2025, decision on application for withdrawal, UPC_CoA_523/2024
No waiver of court fees in the context of an application for withdrawal: In principle, pursuant to Rule 250 RoP, the court may waive payment of the fee for a rehearing in the circumstances contemplated by Rule 245.2(a) or (b) RoP (fundamental procedural defect or criminal offence). However, it can only be decided in the…
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Court of Appeal, December 22, 2025, decision on access to written pleadings and evidence, UPC-COA-0000886/2025
Interest in accessing documents not precluded by additional commercial interests: A law firm may also be a member of the public within the meaning of R. 262.1 (b) RoP, see already order of 9 January 2024, UPC_CoA_480, UPC_CoA_481/2024, Abbott v Powel Gilbert. The fact that a law firm (Herbert Smith Freehills Kramer LLP) also pursues…
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Court of Appeal, December 19, 2025, decision on public access to the register, UPC_CoA_523/2024
No access to the register for a company that commercializes access to its subscribers: The objectives of balancing the interests pursuant to Art. 45 UPCA, and the requirement of representation ensure the proper conduct of proceedings, and would be compromised if access to written pleadings and evidence was granted pursuant to R. 262.1(b) RoP to…
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Court of Appeal, December 17, 2025, procedural order re. application of suspensive effect, UPC_CoA_926/2025, UPC_CoA_927/2025
Exception to the rule of no suspensive effect for appeals against first-instance orders granting access to files: Grounds for ordering suspensive effect under Art. 74(1) UPCA may exist where the Court of First Instance has granted an application for access to pleadings and evidence pursuant to Rule 262.1(b) RoP, and it is likely that this…
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Court of Appeal, December 9, 2025, appeal in proceedings re. damages, UPC_CoA_8/2025
Failure to monitor the patent landscape can establish “reasonable grounds to know”, Art. 68(1) UPCA: Under Art. 68(1) UPCA, the Court shall, at the request of the injured party, order the infringer who knowingly, or with reasonable grounds to know, engaged in a patent infringing activity, to pay the injured party damages appropriate to the…
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Court of Appeal, December 2, 2025, procedural order re. application for suspensive effect, UPC_CoA_894/2025
An exception to the principle that an appeal has no suspensive effect may apply, for instance, if the order against which the appeal is directed contitutes obvious errors, or if the enforcement of the appealed order or decision would make the appeal devoid of purpose. The fact that a (new) standalone revocation action is pending…
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Court of Appeal, December 1, 2025, appeal against an order re. change of the language of proceedings
When deciding on a request to change the language of proceedings into the language of the patent on grounds of fairness, all relevant circumstances shall be taken into account. Relevant circumstances should primarily be related to the specific case and the position of the parties themselves, in particular the position of the defendant (headnote).: The…
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CoA, November 25, 2025, Decision on competence of the divisions, amendments of the patent, added matter, novelty, inventive step, scope of protection, permanent injunctions, interim award of costs, UPC_CoA_464/2024 etc.
The “same parties” requirement for exclusive local division jurisdiction under Art. 33(4) UPCA means the parties must be identical legal entities.: A revocation action by a claimant company is not barred by a pending infringement action against its parent and another subsidiary, as they are not identical parties. An exception for res judicata effect did not apply…
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CoA, November 25, 2025, Decision on claim interpretation medical use claim, added matter, sufficiency, inventive step, reasonable expectation of success, UPC_CoA_528/2024, UPC_CoA_529/2024
Inventive step (Art. 56 EPC) exists if scientific uncertainty at the priority date prevented a ‘reasonable expectation of success’, even if there was a ‘hope to succeed’.: The Court found that uncertainty about the relative contribution of a protein’s intracellular versus extracellular pathways in vivo was a critical factor preventing a reasonable expectation of success. Prior art…
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CoA, November 27, 2025, decision regarding the admissibility of an appeal withdrawal under Rule 265 RoP and the mootness of the intervenor’s appeal, UPC_CoA_70/2025, UPC_CoA_001/2025
An intervenor cannot contradict the party they support: The Court confirms that an intervenor must not act in contradiction to the supported party’s procedural acts or declarations. Consequently, the intervenor cannot oppose that party’s withdrawal of the appeal. The intervenor has no independent appellate standing: Procedural steps by an intervenor are permissible only insofar as…
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Court of Appeal, November 7, 2025, UPC_CoA_579/2025
Experimental data which are not disclosed in the patent specification are, as a general rule, not relevant to the interpretation of the patent claims.: The court confirms the principles on claim construction: The patent claim is not only the starting point but the decisive basis for determining the protective scope of a European patent under…
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Court of Appeal, October 31, 2025, Order, UPC_CoA_755/2025 & UPC_CoA_757/2025
A stay under R. 21.2 RoP requires an appeal against a preliminary objection decision.: The Court of Appeal denied the appliant’s request to apply R. 21.2 RoP (stay of the proceedings if an appeal is lodged), as the only existing appeal concerned a different matter (confidentiality) and no appeal on the preliminary objection existed. The…
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Court of Appeal, November 5, 2025, decision of the court of appeal, UPC_CoA_762/2024 and UPC_CoA_773/2024
Substantive content of application filed in non-EPO language: If an (international) patent application is filed in a non-EPO language, the filing of the translation of the application into the language of the proceedings will define the substantive content of the application with regards to the requirements of inadmissible amendments under Art. 123 (2) EPC. The…
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CoA, October 30, 2025, order on application for security for costs, UPC_CoA_8/2025
An application for security for costs may be filed after the summon for oral hearing has been issued: An application for a security for costs may be filed at any time during proceedings (R. 158.1 RoP first sentence) and may equally be filed in first instance and appeal proceedings (UPC_CoA_328/2024, Order of 26 August 2024,…
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Court of Appeal, October 14, 2025, appeal against an order re. penalty payments, UPC_CoA_699/2025
System of penalties under the Rules of Procedure, specifics of a penalty order (R. 354.3, R.354.4 RoP): Pursuant to R. 354.3 RoP an order or decision may include an order for the forfeiture of a penalty sum in case of (future) non-compliance with an order (hereinafter: a penalty order). Although this must be considered the…
12 min Reading time→
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