European UPC IP Litigation
1,878 annotated decisions
Page 26 of 79 · 1,878 total
Sun Patent Trust v.Vivo Mobile Communication Co., Ltd., Vivo Tech GmbH, Vivo Mobile Communication Iberia SL
Vivo Mobile Communication entities (respondents in the appeal) requested the Court of Appeal of the Unified Patent Court to stay the first instance infringement proceedings and/or extend the time limit for filing their Statement of Defense and Counterclaim for Revocation, pending the outcome of a confidentiality appeal and a preliminary objection challenging the UPC's jurisdiction over a FRAND rate determination claim. The Court of Appeal rejected the request, holding that R. 21.2 RoP did not apply because the pending appeal was not against a decision on a preliminary objection, and that as a general rule it is not for the Court of Appeal to decide on stays or time extensions in proceedings pending before the Court of First Instance.
Occultech GmbH. v.Lepu Medical (Europa) Cooperatief U.A. a. o.
This is an order from the Local Chamber Düsseldorf concerning European Patent EP 1 998 686 B2, issued on October 31, 2025. The applicant, Occlutech GmbH, sought provisional measures in a patent infringement matter. The order sets out key legal principles regarding the scope of protection of device claims, the burden of presentation and proof in preliminary injunction proceedings, and the handling of disputed translations of prior art documents.
IMI Hydronics Engineering Deutschland GmbH v.Belparts Group N.V
This procedural order concerns a revocation action (UPC_CFI_104/2025) and a counterclaim for infringement (UPC_CFI_364/2025) related to European Patent EP3812870, owned by Belparts Group N.V. The claimant IMI Hydronic Engineering Deutschland GmbH initiated the revocation action before the Central Division Paris, while Belparts lodged a counterclaim for infringement. The order addresses procedural matters including the connection/joinder of proceedings and the referral of the counterclaim for infringement to the Local Division Munich, where related proceedings between the parties are already pending.
Oerlikon Textile GmbH & Co KG v.Bhagat Textile Engineers
1 Numero di riferimento: UPC_CoA_8/2025 APL_366/2025 Ordinanza della Corte d'appello del Tribunale unificato dei brevetti in merito alla richiesta di garanzia per le spese ai sensi della regola 158 del regolamento di procedura emessa il 30 ottobre 2025 NOTE: • Se necessari
Sun Patent Trust v.Vivo Mobile Communication Co., Ltd.Vivo Tech GmbH Vivo Mobile Communication Iberia SL
Sun Patent Trust brought an infringement action against three Vivo entities before the Paris Local Division concerning European Patent EP3852468. Vivo filed a preliminary objection under Rule 19 RoP, arguing that the Unified Patent Court lacks jurisdiction because Sun Patent Trust's main claim sought a declaration that its licence offer was FRAND and, alternatively, a determination of FRAND terms by the court, which Vivo contended falls outside the UPC's competence. Vivo additionally contested the internal competence of the Paris Local Division under Rule 19.1(b) RoP. Sun Patent Trust countered that the UPC has jurisdiction over FRAND aspects and that the Paris Local Division is competent to hear the case, requesting dismissal of the preliminary objection.
Van Loon Beheer Nederland B.V. v.Inverquark Deutschland GmbH a.o.
The applicant, sole proprietor of European Patent EP 3 653 275 B8 relating to a counter-current swimming device, sought an order for inspection and evidence preservation at the trade fair stand of the respondents ahead of a potential main infringement action. The respondents are wholesale distributors of inverter-controlled pool and garden technology, with the Austrian parent company marketing an 'InverJet' counter-current system. The Local Chamber Düsseldorf issued an order concerning the inspection and evidence preservation request filed on October 28, 2025.
Skechers USA Deutschland GmbH, Skechers S.a.r.l, Skechers U.S.A., Inc., Skechers EDC SPRL, Skechers USA Italia Srl, Skechers USA France SAS v.FAST IP, LLC
FAST IP LLC brought an infringement action against multiple Skechers group entities based on European patent EP4003084 concerning rapid-entry footwear. The Defendants applied under R. 323 RoP to change the language of the proceedings from German to English, the language in which the patent was granted. The Claimant opposed the application. The President of the Court of First Instance issued an order addressing the application to change the language of the proceedings.
BF exaQC AG v.NVIDIA Corporation a. o.
The Local Division Munich of the Unified Patent Court addressed the Defendants' application for security for costs in patent infringement proceedings concerning European Patent EP 3 614 263. The Defendants argued that Claimant ParTec AG faced severe liquidity problems based on press reports, while the Claimants contended they had sufficient assets to cover any adverse costs award. The judge rapporteur ordered Claimant ParTec AG to provide security in the amount of EUR 80,500.00 within six weeks, either by deposit or bank guarantee from an EU-licensed bank.
Malikie Innovations Ltd. v.Nintendo Co., Ltd. a.o.
This is a procedural order from the Local Division Hamburg in an infringement action and counterclaim for revocation concerning European Patent EP2579551, owned by Malikie Innovations Ltd. against Nintendo Co., Ltd. and Nintendo of Europe SE. The order summarizes the interim conference held on 22 October 2025, addressing procedural matters including the value of the case, reimbursement of legal costs, parallel proceedings status, the claimant's operational request regarding the counterclaim for revocation, and the admissibility of certain evidence and claim amendments. The judge-rapporteur admitted the Patent Sale Agreement and Patent Assignment Agreement as exhibits and granted leave to amend the patent claims under Rule 263 RoP.
Prinoth S.p.A. v.Xelom s.r.l.
1 di 18 TRIBUNALE UNIFICATO DEI BREVETTI TRIBUNALE DI PRIMO GRADO DIVISIONE LOCALE DI MILANO UPC CFI n. 127/2025 ORDINANZA SULLA RICHIESTA DI RIESAME DELL’ORDINE DI PROTEZIONE DELLA PROVA, DI ISPEZIONE E DI SEQUESTRO depositata in data 27 ottobre 2025 NOTE 1. Ai fini della conce
PROGRESS MASCHINEN & AUTOMATION AG v.AWM s.r.l.,Schnell s.p.a.
This case concerns an infringement action and counterclaim for revocation regarding European Patent EP 2726230 B1, which protects a method and apparatus for continuously producing a lattice girder. Progress Maschinen & Automation AG, the patent proprietor, alleged that the Girderflex/Girderflex VSX machinery produced by AWM s.r.l. (a member of the Schnell Group since 2022) infringed its patent. The defendants contested validity through a counterclaim for revocation, raising issues of novelty, inventive step, and added matter. The Milan Local Division of the Court of First Instance addressed these substantive patent law questions alongside procedural matters concerning evidence preservation and requests to amend the patent.
Raccords et Plastiques Nicoll v.First Plast France, First Plast S.R.L., First Corporation, Plasticos First Iberica S.L.
« 2. the applicant’s assertions during the grant procedings […] can be seen as an indication of the view of the person skilled in the art at the filing date ». Mais en l’occurrence, le déposant a tiré les conséquences de ses déclarations et les a mises en œuvre en amendant sa demande de brevet, afin d’échapper au grief d’absence de nouveauté, ce qui démontre que RPN considérait bien lui-même à cette époque, que les deux parois parallèles du brevet US628 étaient nécessaires pour espacer les
Avient Protective Materials B.V. v.Xingi Technology Co., Ltd et al.
This is an infringement action concerning European Patent No. 2 791 402 B1 relating to Ultra-high Molecular Weight Polyethylene Multifilament Yarn, brought by Avient Protective Materials B.V. against two Chinese group companies collectively referred to as 'Xinji.' The Claimant sought alternative service under Rule 275 of the Rules of Procedure after the standard service via The Hague Service Convention to China, initiated on 2 July 2025, failed to produce a certificate of service despite multiple inquiries. The Claimant proposed service at the A+A Trade Fair in Düsseldorf by a German bailiff upon any staff member of the Defendants at their exhibition stand, with alternative methods also proposed.
bioMérieux UK Limited v.Labrador Diagnostics LLC
This decision concerns European patent EP 3 756 767 B1 owned by Labrador Diagnostics LLC. bioMérieux UK Limited filed a revocation action against the patent, while bioMérieux SA and other bioMérieux group entities filed a counterclaim for revocation in response to an infringement action brought by Labrador Diagnostics in the Local Division Düsseldorf. The Central Division Milan addressed issues including amendments to the patent, auxiliary requests, added subject-matter, novelty, inventive step, sufficiency of disclosure, costs, and confidentiality. The court established that when a party submits numerous attacks that are unmanageable under principles of proportionality and speed, only the most promising attacks will be assessed on the merits.
Honeywell Control Systems Ltd. v.Sovex Systems B.V. et. al.
Honeywell Control Systems Ltd. initiated a patent infringement action before the Local Division Mannheim against seven defendants concerning EP 2 563 695 B1. The defendants filed a preliminary objection challenging international jurisdiction over Hemtech (domiciled in Bosnia and Herzegovina), competence over five Dutch defendants, and the competence of the Mannheim division, seeking transfer to The Hague. The court rejected all preliminary objections, finding that international jurisdiction and competence were properly established, and declined to grant leave to appeal.
Abbott Diabetes Care Inc. v.Sinocare et al.
UPC_CFI_587 22 October 2025 1 UPC_CFI_587/2025 ORDER of the Court of First Instance of the Unified Patent Court Local Division in The Hague issued on 22 October 2025 concerning EP 3 988 471 (R.211 provisional measures) APPLICANT Abbott Diabetes Care Inc. Represented by: Christ
Occlutech GmbH v.Lepu Medical (Europe) Cooperatief U.A. a.o.
Occlutech GmbH, proprietor of European Patent EP 2 387 951 B1 covering a braided implantable occlusion device, sought provisional measures against Lepu Medical entities for alleged infringement with their 'MemoCarna ASD' and 'MemoCarna VSD' devices. The Local Division Hamburg held that the Defendants' recent CE-mark approval, combined with their public marketing activities and trade fair participation, established imminent infringement and territorial jurisdiction in Germany. The court granted the preliminary injunction, ordering the Defendants to cease and desist from offering, placing on the market, or using the infringing devices in Germany, France, Italy, the Netherlands, and Ireland, with a penalty of up to EUR 250,000 per non-compliance.
Amycel LLC v.XXX
This is a decision by default issued by the Local Division The Hague in an infringement action brought by Amycel LLC, proprietor of EP 1 993 350 B2 relating to 'Brown mushrooms for commercial production,' against a defendant referred to as 'PL.' The defendant failed to file its Statement of Defence in time after a Rule 275 order, resulting in a default judgment. The court confirmed the orders previously given in the related provisional measures proceedings, held that the mushroom strain at issue is not excluded from patentability under Article 53(b) EPC, found infringement, and granted measures insofar as they were deemed lawful, reasonable, and sufficiently founded.
Shangrao Xinyuan Yuedong Technology Development Co., Ltd v.LONGi Solar Technologie GmbH a.o.
The Claimant filed a patent infringement action against five Defendants concerning European patent EP 3 297 043 B1. Following settlement negotiations, the Claimant and Defendants 1–4 reached a comprehensive settlement agreement, and Defendant 5 agreed to the withdrawal. The Court permitted the withdrawal, declared the proceedings closed, ordered each party to bear its own extrajudicial costs, and granted the Claimant a 60% reimbursement of court fees (€6,600).
Meril Life Sciences Private Ltd. , Meril GmbH , Meril Italy S.r.l. v.Edwards Lifesciences Corporation
This case concerns a revocation action filed by the Meril entities against Edwards Lifesciences Corporation regarding European Patent No. 4 151 181 B1 ('EP 181'), alongside a counterclaim for infringement brought by Edwards against the Meril entities. The dispute encompasses both the validity of EP 181, challenged by Meril, and alleged infringement of EP 181, asserted by Edwards. The Court of First Instance issued its decision on 20 October 2025, establishing legal principles on inventive step assessment, the holistic approach to non-obviousness, the definition of a realistic starting point, and the discretionary nature of injunctive remedies.
ONWARD Medical N.V v.Niche Biomedical, Inc.
ONWARD Medical N.V. sought interim injunctive relief against Niche Biomedical, Inc. (doing business as ANEUVO) for alleged infringement of European Patent EP 3 421 081 B1, directed to a system for neuromodulation. The Local Chamber Munich of the Unified Patent Court addressed the legal principle that auxiliary requests seeking interim measures based on alternative claim formulations deviating from the granted patent version are generally inadmissible in provisional proceedings under Article 62 EPGÜ. The court held that a patent proprietor's request to amend the claim formulation indicates that the patent as granted is likely invalid, undermining the court's ability to assess the validity required for granting interim relief.
Edwards Lifesciences Corporation v.Meril GmbH a.o.
This case concerns an application for a cost decision by Edwards Lifesciences Corporation following a 4 April 2025 order requiring the three Meril defendants to jointly and severally bear the costs of the proceedings. Edwards sought reimbursement of EUR 774,696.49 in costs of representation, court fees, travel expenses, and other costs, while Meril contested the necessity and proportionality of various travel-related expenses. The Local Division Munich, through Judge-Rapporteur Dr. Matthias Zigann, held that UPC representatives have broad discretion in determining how to effectively represent their parties, and that the disputed travel costs were marginal relative to the overall costs, warranting award at the judge's discretion.
Hewlett-Packard Development Company, L.P. v.Shenzhen Moan Technology Co., Ltd.
Hewlett-Packard Development Company, L.P. filed an application for provisional measures against Andreas Rentmeister e.K. and Shenzhen Moan Technology Co., Ltd. for alleged infringement of EP 3 835 965 B1, which relates to logic circuitry for replaceable print apparatus components. Defendant 1 reached a settlement with HP and agreed not to defend against the main motions, while service to Defendant 2 in China had not been completed. The Düsseldorf Local Division issued an order by default against Defendant 1, granting the preliminary injunction, information orders, and penalty payments, while reserving decision on costs and the application against Defendant 2.
AX Wireless, LLC v.1) Xiaomi Inc. 2) Xiaomi Corporation 3) Xiaomi Technology Germany GmbH 4) Xiaomi Technology Netherlands B.V.
AX Wireless, LLC filed a patent infringement action against four Xiaomi entities before the Local Division Munich of the Unified Patent Court concerning European Patent No. EP3072324. The Defendants requested an extension and alignment of procedural deadlines for all four Defendants so that a consolidated defence could be filed, and the Claimant consented. The Court granted the request, aligning the deadlines for all Defendants.