European UPC IP Litigation
1,878 annotated decisions
Page 23 of 79 · 1,878 total
Headwater Research LLC v.Apple Inc. a. o.
Headwater Research LLC filed a patent infringement action against several Apple entities concerning European Patent EP 3 107 243 B1, and the Apple defendants filed a counterclaim for revocation. Prior to closure of the written procedure, the claimant withdrew the infringement action and the defendants withdrew the counterclaim for revocation, with both parties agreeing to bear their own costs and requesting reimbursement of 60% of court fees. The Düsseldorf Local Division allowed the withdrawals, declared the proceedings closed, and ordered each party to bear its own costs with 60% reimbursement of court fees.
CARDO SYSTEMS, LTD., s.r.l., via Porlezza n. 12, 20123 - Milan, Italy; v.1) SHENZHEN ZIWU CHUANGXIN TECHNOLOGY CO., LTD., LANGUAGE OF THE PROCEEDINGS
In this legal proceeding before Milan Local Division (decision issued on 2025-12-08) under reference UPC_F79CEE4A6A, CARDO SYSTEMS, LTD., s.r.l., via Porlezza n. 12, 20123 - Milan, Italy; appeared in dispute with 1) SHENZHEN ZIWU CHUANGXIN TECHNOLOGY CO., LTD., LANGUAGE OF THE PROCEEDINGS concerning patent rights and legal remedies.
CARDO SYSTEMS, LTD., s.r.l., via Porlezza n. 12, 20123 - Milan, Italy; v.1) SHENZHEN ZIWU CHUANGXIN TECHNOLOGY CO., LTD., Luca Trevisan, Giulia Affer and Lorenzo Battarino, at Trevis
In this legal proceeding before Milan Local Division (decision issued on 2025-12-08) under reference UPC_B68B2EF17F, CARDO SYSTEMS, LTD., s.r.l., via Porlezza n. 12, 20123 - Milan, Italy; appeared in dispute with 1) SHENZHEN ZIWU CHUANGXIN TECHNOLOGY CO., LTD., Luca Trevisan, Giulia Affer and Lorenzo Battarino, at Trevis concerning patent rights and legal remedies.
Centripetal Limited v.Keysight Technologies, Inc. et. al.
Centripetal Limited, the registered and sole proprietor of European Patent EP 3 821 580 B1 relating to Methods and Systems for Efficient Network Protection, sued Keysight Technologies, Inc. and Keysight Technologies Deutschland GmbH for direct infringement of Claim 16 and indirect infringement of Claim 1 of the patent in Germany, Italy, France, and the Netherlands. The patent was granted and published on 29 May 2024, and the prior opt-out was withdrawn from the register on 12 July 2024. The case was heard by a panel of the Local Division Mannheim on 9 October 2025, with a decision delivered on 5 December 2025.
Hybridgenerator ApS v.HGSystem ApS etc.
The Local Division in Copenhagen issued an order regarding European Patent No. 4 238 202 B1, partially upholding a request for penalty payments against the defendant for delayed compliance with a prior evidence preservation order. The Court found that the defendant had delayed 36 days in providing requested login information for financial systems, email accounts, and a seized computer, without presenting substantiated circumstances justifying the delay. Considering the seriousness of the breach and principles of fairness and proportionality, the Court set the penalty at EUR 2,500 per day for the first 18-day period and EUR 1,250 per day for the subsequent 18-day period, resulting in a total fine of EUR 67,500.
EDWARDS LIFESCIENCES CORPORATION v.MERIL LIFE SCIENCES PVT LIMITED, MERIL GMBH, SMIS INTERNATIONAL OÜ, SORMEDICA, UAB, INTERLUX, UAB, VAB-LOGISTIK, UAB
This is an order from the Nordic-Baltic Regional Division of the Unified Patent Court concerning three related cases (UPC_CFI_775/2025, UPC_CFI_776/2025, and UPC_CFI_777/2025) involving patent EP 3 769 722 B1. Following a merits decision on 21 July 2025 in case CFI 380/2023, the parties jointly requested a stay of the cost proceedings pending the outcome of opposition proceedings before the EPO Boards of Appeal (case T-241/25-3.2.02). The Court granted the stay and also provisionally granted the parties' confidentiality requests regarding certain cost application documents.
3V Sigma S.p.A v.A.G.A. S.r.l. and ACEF Srl
This case concerns a review of an ex parte order (inaudita altera parte) for the preservation of evidence issued by the Local Division of Milan. 3V Sigma S.p.A., the holder of two European patents relating to triazine photostabilizing compounds and UV filter cosmetic compositions, had sought evidence preservation measures against A.G.A. S.r.l. and A.C.E.F. S.r.l. The defendants challenged the ex parte order, alleging breach of the duty of disclosure under Rule 192.3 RoP and insufficiency of the evidence presented under Article 60.1 UPCA. The Court rejected these objections, clarifying the ex ante standard for assessing disclosure obligations and the threshold for 'reasonably available evidence' required to support a patent infringement claim.
Centripetal Limited v.Keysight Technologies, Inc. et. al.
This procedural order concerns a request by the Claimant, Centripetal Limited, to reopen the oral hearing in a patent infringement action against Keysight Technologies, Inc. and Keysight Technologies Deutschland GmbH concerning European Patent No. EP 3 821 580. The Claimant sought reopening based on post-hearing discussions with an expert who allegedly had access to the Defendants' source code in US proceedings, claiming the Defendants' representative made false statements about the absence of gateway and broker functionalities. The Court rejected the request, holding that Rule 114 RoP is reserved for exceptional cases arising during the oral hearing and cannot be used to introduce new infringement allegations after closure of proceedings.
F. Hoffmann-La Roche AG a. o. v.A.Menarini Diagnostics S.r.l. a. o.
This case concerns an application for provisional measures (interim injunction) filed by F. Hoffmann-La Roche AG and Roche Diabetes Care GmbH against A.Menarini Diagnostics S.r.l., BERLIN-CHEMIE AG, and A.Menarini Diagnostics France SASU for alleged infringement of European Patent EP 1 962 668 B1. The Local Chamber Düsseldorf addressed key legal questions regarding the relevance of independent process claims and their descriptions when determining the scope of protection of independent product claims. The court also examined whether an injunction covering the making of a product can be issued when the infringing product has so far been manufactured by a third party outside the contracting member states.
Insulet Corporation v.EOFLOW Co., Ltd.
1 Milan - Central Division – Court of First Instance - UPC_CFI_1167/2025 Final Order pursuant to Rules 354.3, 262. 2 and 262A RoP of the Court of First Instance of the Unified Patent Court issued on 4 December 2025 Applicant INSULET Co 100 Nagog Park - MA 01720 - Acton – US Massachuset
Aesculap AG v.Shanghai Bojin Medical Instrument Co. Ltd. a. o.
This procedural order was issued by the Local Chamber Düsseldorf in a patent infringement case concerning European Patent EP 2 892 442 B1, brought by Aesculap AG against three Shanghai Bojin-related entities. The court addressed four procedural matters: scheduling the oral hearing, the claimant's request to extend claims to include an additional product called the 'Bojin Rosenfräser,' the addition of Shanghai Bojin Electric Instrument & Device Co., Ltd as a new party, and Defendant 1's request for re-establishment of rights. The court set the oral hearing for June 17, 2026, ordered the addition of the new party, and provisionally assessed the remaining requests while reserving final decisions for further deliberation.
CooperSurgical, Inc. v.European Distribution Center Motiva BVBA, Establishment Labs S.A. and PulseLavage AB
This case concerned an infringement action filed by CooperSurgical, Inc. before the Unified Patent Court (Local Division Brussels) regarding EP 3 302 292 B1. After the European Patent Office Opposition Division revoked the patent on 30 September 2025, the Claimant withdrew the action. The Court allowed the withdrawal and assessed the costs to be reimbursed to the Defendants, ordering the Claimant to pay €105,757.90 to Defendants 1-2 and €81,423.33 to Defendant 3, while also ordering reimbursement of 60% of the court fees to the Claimant.
BARCO NV v.1. YEALINK (XIAMEN) NETWORK TECHNOLOGY Co. Ltd. and 2. YEALINK (EUROPE) NETWORK TECHNOLOGY BV
Infringement proceedings concerning EP 3 732 827 before the Local Division Brussels. YEALINK filed a Preliminary Objection challenging the territorial competence of the Brussels Local Division under Article 33(1)(a) UPCA. After the Court of Appeal confirmed the Brussels Local Division's territorial competence in a related cross-appeal, YEALINK withdrew its Preliminary Objection, and the Court closed the preliminary objection proceedings.
Windhager Handelsgesellschaft m.b.H. v.bellissa HAAS GmbH
This procedural order concerns an application by Windhager Handelsgesellschaft m.b.H. for suspensive effect of its appeal against a decision of the Local Division Mannheim in a patent infringement dispute involving European Patent EP 2 223 589. The Local Division had largely upheld bellissa HAAS GmbH's infringement claims while rejecting Windhager's invalidity counterclaim. Windhager sought suspensive effect, arguing the first-instance decision contained obvious errors in its assessment of direct infringement and the dismissal of the invalidity counterclaim, and also requested a stay of the appeal proceedings pending a new invalidity action filed by LS 9 GmbH before the Central Division Milan.
Innovative Sonic Corporation v.Guangdong OPPO Mobile Telecommunications Corp. Ltd., OnePlus Technology (Shenzhen) Co. Ltd., Realme Chongqing Mobile Telecommunications Corp., Ltd., OROPE Germany GmbH, OTECH Germany GmbH, Realme Germany GmbH, Oleading B.V., Reflection Investment B.V
The Court of Appeal of the Unified Patent Court dismissed Innovative Sonic Corporation's appeal against an order of the President of the Local Division Munich that changed the language of proceedings from German to English. The court held that when deciding on a request to change the language of proceedings on grounds of fairness, all relevant circumstances must be considered, primarily those related to the specific case and the position of the parties, particularly the defendant.
TCL EUROPE SAS v.Corning Incorporated
TCL Europe SAS filed a revocation action against Corning Incorporated on 22 April 2025 before the Central Division (Section Munich) of the Unified Patent Court concerning European Patent No. 3 296 274. Following an interim conference held on 28 November 2025, the Judge-rapporteur issued an order on 1 December 2025 setting out procedural directions, including deadlines for submissions, the value of the case, and the date for the oral hearing.
Hewlett-Packard Development Company, L.P. v.Zhuhai ouguan Electronic
Hewlett-Packard Development Company filed an application for provisional measures against two defendants for alleged infringement of European Patents EP 2 826 630 B1 and EP 3 530 469 B1, both titled 'Fluid cartridge.' The Düsseldorf Local Division granted a preliminary injunction against both defendants after Defendant 1 failed to lodge an objection within the prescribed time period, while Defendant 2's objection was considered on the merits. The court ordered both defendants to cease infringement, with additional information and penalty payment orders against Defendant 1.
GlaxoSmithKline Biologicals SA v.Moderna et al.
This procedural order concerns an infringement action brought by GlaxoSmithKline Biologicals SA against fifteen Moderna entities regarding European patents EP4066856 and EP4226941. The Defendants filed a statement of defence and a counterclaim for revocation covering both patents. The Court exercised its discretionary power under Rule 302.1 of the Rules of Procedure to order the Defendants to split the counterclaim for revocation into two separate actions, one for each patent, due to the different stages of pending EPO opposition proceedings and the capped court fee structure for revocation counterclaims.
Yealink (Xiamen) Network Technology Co. Ltd. and Yealink (Europe) Network Technology B.V. v.Barco N.V.
This Order of the Court of Appeal addresses an appeal and cross-appeal concerning an application for provisional measures under Rule 206 RoP. The Court of Appeal clarified several procedural and substantive issues, including the applicability of Rule 19.5 RoP to provisional measures proceedings, the referral mechanism between divisions based on competence challenges, the interpretation of competence rules under Article 33 UPCA, and the principles governing interim awards of costs. The Court held that there is no hierarchy between the competence grounds in Article 33(1)(a) and 33(1)(b) UPCA, and that competence should be assessed through a cursory review of the parties' allegations and evidence rather than a comprehensive evaluation.
JingAo Solar Co., Ltd. v.Chint New Energy Technology Co. a.o.
JingAo Solar Co., Ltd., the registered proprietor of European patent EP 2 787 541 (relating to solar cells), sued Chint New Energy Technology Co. and its Astronergy affiliates for allegedly infringing the patent through their 'ASTRO N' series n-type TOPCon solar modules sold in Germany, France, Italy, and the Netherlands. The defendants counterclaimed for revocation and raised defenses including lack of standing, incomplete infringement allegations, validity challenges, and antitrust violations. The Local Division Munich found infringement, dismissed the counterclaim for revocation in its entirety, and granted injunctive relief, information orders, recall and destruction orders, damages, and an interim award of costs against the defendants.
YEALINK (XIAMEN) NETWORK TECHNOLOGY Co. Ltd. YEALINK (EUROPE) NETWORK TECHNOLOGY BV v.BARCO NV
This is an Order of the Court of Appeal concerning an Application for provisional measures under Rule 206 RoP. The Court addressed issues of competence of local divisions, urgency, and interim award of costs in provisional measures proceedings. The Order establishes that Rule 19.5 RoP applies mutatis mutandis to provisional measures proceedings, that there is no hierarchy between the competence grounds in Art. 33(1)(a) and Art. 33(1)(b) UPCA, and that competence assessment should be cursory rather than comprehensive. The Court also held that an interim award of costs up to half of the applicable ceiling is generally appropriate in provisional measures proceedings.
Vivo Mobile Communication Co, Ltd, Vivo Tech GmbH, Vivo Mobile Communication Iberia SL v.Sun Patent Trust
The Court of Appeal of the Unified Patent Court rejected Vivo's request for a stay of first instance proceedings pending its appeal against orders of the Paris Local Division that had dismissed Vivo's preliminary objections. The preliminary objections challenged the UPC's jurisdiction to determine FRAND license terms. The Court held that the unprecedented nature of the jurisdictional question and the costs of preparing a defence did not constitute exceptional circumstances justifying a stay, and that Vivo's interest in avoiding costs did not outweigh Sun Patent Trust's interest in obtaining a decision without unnecessary delay.
Pari Pharma GmbH v.Koninklijke Philips N.V.
Pari Pharma GmbH filed a revocation action against Koninklijke Philips N.V. concerning European Patent No. EP3397329, titled 'Air-flow in a nebulizer head.' The patent, which relates to a nebulizer head and nebulizer system for providing a substance in aerosolized form, is registered with unitary effect and in force in Germany, France, and the UK. The defendant filed an application to amend the patent during the proceedings. The Court of First Instance of the Central Division (Milan) addressed issues including standing to sue under Art. 47(6) UPCA and the interpretation of schematic figures by the skilled person.
KEEEX SAS v.ADOBE SYSTEMS SOFTWARE IRELAND LIMITED, ADOBE INC., OPEN AI L.P, OPEN AI OPCO LLC, OPEN AI IRELAND LTD, TRUEPIC INC., JOINT DEVELOPMENT FOUNDATION PROJECTS LLC, COALITION FOR CONTENT PROVENANCE AND AUTHENTICITY (C2PA)
1 Division Locale de Paris UPC_CFI_530/2025 Ordonnance du Tribunal de première instance de la Juridiction unifiée du brevet, rendue le 27/11/2025 concernant R.19 et R.334 (g) RdP DEMANDEUR KEEEX SAS (Parties à la procédure au principal - Demandeur) - 5 rue de Lissandre - 13013 - MARSEILLE - FR Repré