Topics: Art. 25 UPCA
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LD Mannheim, 18 September 2026, decision of Court of First Instance, UPC_CFI_575/2025 and UPC_CFI_1135/2025
A licence defence under Art. 25 UPCA must be substantiated within the UPC proceedings themselves; mere references to submissions in parallel national proceedings are insufficient (Art. 25 UPCA, R. 24 RoP): – The defendants relied on a licence agreement also disputed in parallel Dutch proceedings, but only referred to the submissions in the Dutch proceedings…
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LD Milan, July 10, 2026, decision by default, UPC_CFI_766/2024
Deliberate copying combined with continued infringement despite a provisional injunction establishes the infringer’s knowledge, triggering the stricter damages standard of Art. 68 (1) UPCA: Where a defendant knowingly, or with reasonable grounds to know, engages in infringing activity, the Court must order damages appropriate to the harm actually suffered (Art. 68 (1) UPCA), rather than…
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LD Duesseldorf, July 3, 2026, order on penalty payments, UPC_CFI_723/2025
Broad concept of “offering” pursuant to Art. 25(a) UPCA: The term “offering” must be interpreted autonomously and in an economic sense. It is sufficient to present an item so that a viewer can make an offer to acquire it (invitatio ad offerendum). Thus, neither price indication nor ability to deliver is required. The Court expressly…
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LD Düsseldorf, January 29, 2026, Decision, UPC_CFI_571/2024
In bifurcated cases, a Local Division is bound by a Central Division’s decision amending patent claims, which then forms the basis for its infringement analysis: In a bifurcated setup, the Local Division hearing infringement cannot ignore amendments made by the Central Division in parallel revocation proceedings. Once the Milan Central Division amended EP 3 756…
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Court of Appeal, October 3, 2025, Decision Regarding Infringement and Counterclaim for Revocation, UPC_CoA_534/2024, UPC_CoA_19/2025, UPC_CoA_683/2024
“Offering” according to Art. 25. a) UPCA: The term “offering” within the meaning of Art. 25 a) UPCA is to be interpreted autonomously. Offering is to be understood in the economic sense and is not to be based on the legal understanding in the sense of a binding contractual offer. The offer therefore need not…
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LD Hamburg, February 19, 2025, Decision, UPC_CFI_58/2024
Interpretation of Claims: When interpreting a claim, in addition to its wording, the application instructions and express disclosures in the description of the patent specification must be taken into account (headnote 2). Division LD Hamburg UPC number UPC_CFI_58/2024 Type of proceedings Infringement proceedings (and counterclaim for revocation) Parties Claimant: Lionra Technologies Ltd. Defendants: Cisco Systems…
1 min Reading time→
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