Topics: Art. 69(1) UPCA
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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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Central Division (Munich), February 24, 2026, Decision, UPC_CFI_829/2024
Patentees must draft precise numerical ranges in composition claims; unclear bases risk added matter (Art. 65(1),(2) UPCA; Art. 138(1)(c) EPC).: The Court construed the coposition as claimed in claim 1 of the Patent as comprising a range of marker molecule calculated in respect of the total sugar composition, while the application disclosed that the amounts…
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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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LD Brussels, December 4, 2025, decision on withdrawal of infringement action and recoverable costs, UPC_CFI_415/2025
As the Court previously held (cf. LD Düsseldorf – UPC_CFI_355/2025 and UPC_CFI_186/2025 – Fujifilm/Kodak), the focus of appropriateness “is primarily on the amount of costs incurred” and this from an ex ante perspective. When assessing these costs, elements which could be taken into consideration (having regard to the specifical circumstances of a withdrawal of an…
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Court of Appeal, May 12, 2025, order on appeal against order for security of costs, especially when the action has become devoid of purpose, UPC_CoA_328/2024
Admissibility of Appeals: An appeal against an order for security of costs, brought together with an appeal against an order on provisional measures remains admissible, even if the request has become devoid of purpose (here because the appellant has later made it clear that it no longer requests provisional measures). The appellant retains a legal…
3 min Reading time→
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