European UPC IP Litigation
1,878 annotated decisions
Page 27 of 79 · 1,878 total
Abbott Diabetes Care Inc. v.Sinocare et al.
This is a provisional measures order from the Court of First Instance, Local Division in The Hague, concerning European patent EP4344633. Applicant Abbott Diabetes Care Inc., a market leader in continuous glucose monitoring (CGM) systems with its FreeStyle Libre product, sought provisional measures against Defendants Sinocare Inc. and A.Menarini Diagnostics s.r.l. in connection with their GlucoMen iCan CGM system. The dispute centers on an alleged infringement of Abbott's unitary patent relating to CGM technology, with Sinocare manufacturing the device and Menarini holding exclusive distribution rights in over 20 European countries.
Herbert Smith Freehills Kramer LLP v.1) Insulet Corporation; 2) EOFLOW Co., Ltd.
1 Milan - Central Division - First Instance - UPC_CFI_941/2025 Final Order pursuant to Rule 262.1 b) RoP of the Court of First Instance of the Unified Patent Court delivered on 16/10/2025 APPLICANT Herbert Smith Freehills Kramer LLP - Breite Str. 29, 40213 Düsseldorf, Germany Represent
Brita SE v.1) AQUASHIELD EUROPE s.r.o, 2. AQUASHIELD DACH GmbH, 3. Gasmarine BV Srl, 4. MGR26 Société à responsabilité limitée
1 Entscheidung des Gerichts erster Instanz des Einheitlichen Patentgerichts erlassen am 16.10.2025 KLÄGERIN UND NICHTIGKEITSWIDERBEKLAGTE Brita SE, gesetzlich vertreten durch den Vorstand Markus Hankammer, Stefan Rudolf Jonitz und Dr. Rüdiger Kraege, Heinz-Hankammer-Straße 1, 652
Hewlett-Packard Development Company, L.P. v.Zhuhai ouguan Electronic Technology Co. a. o.
Hewlett-Packard Development Company filed an application for provisional measures against Zhuhai ouguan Electronic Technology Co. and Andreas Rentmeister e.K. for alleged infringement of European Patents EP 2 826 630 B1 and EP 3 530 469 B1. When service via the Chinese Central Authority under the Hague Convention failed after three and a half months—with Chinese authorities claiming the defendant did not exist at the provided address—the Düsseldorf Local Division ordered that the steps already taken constituted good service under Rule 275.2 RoP, deeming service effective as of the date of the order.
Huawei Technologies Co. Ltd. v.MediaTek, Inc. et. al.
This case concerned an infringement action and a counterclaim for invalidity regarding European Patent EP 3 567 731. Before the conclusion of the written proceedings, the plaintiff Huawei Technologies requested permission to withdraw the infringement action against both defendants with the consent of Defendant 2, while Defendant 2 requested permission to withdraw its counterclaim for invalidity with the plaintiff's consent. The Local Chamber Mannheim granted both withdrawals, declared the proceedings terminated, and ordered a 60% reimbursement of the court fees paid by each party, while declining to issue a cost decision since neither party filed cost applications.
Insulet Corporation v.EOFLOW Co., Ltd.
All costs relating to the enforcement do not fall within the scope of Rule 151 RoP. The wording of Rule 150 RoP does not allow for the compensation of costs incurred after the publication of the decision. The
Leap Tools Inc. v.Wizart Inc. a. o.
Procedural order from the Düsseldorf Local Division concerning EP 3 859 566, in which the court permitted alternative service of the Statement of claim on Defendant 2 (Wizart LLC) under Rule 275 of the Rules of Procedure. After two failed attempts to serve Wizart LLC at its original Wilmington, Delaware address and at the registered agent's address in Newark, the court authorized service on the CEO at his business address in Gdańsk, Poland, finding that such service was permissible under Polish law.
Hartmann Packaging A/S v.Omni-Pac Ekco GmbH Verpackungsmittel a. o.
This case concerns an infringement action and a counterclaim for revocation regarding European Patent No. EP 2 755 901 B1, brought by Hartmann Packaging A/S (formerly Brodrene Hartmann A/S) against Omni-Pac Ekco GmbH Verpackungsmittel and Omni-Pac GmbH Verpackungsmittel. The dispute relates to the German, French, and Dutch portions of the European patent. The Local Chamber Düsseldorf issued headnotes addressing the interpretation of 'same invention' under Article 87 EPC for priority purposes, the standard for inventive step regarding material selection, and issues of equivalence.
Kodak GmbH, Kodak Graphic Communications GmbH, Kodak Holding GmbH v.Fujifilm Corporation
This order of the Court of Appeal concerns an appeal against an order relating to penalty payments under the Rules of Procedure. The judgment sets out headnotes explaining the framework for penalty orders under Rule 354.3 RoP, including when penalty orders may be issued, how penalty amounts should be determined, what specifications the order must contain, and the respective responsibilities of claimants and defendants regarding suggested amounts and time periods for compliance.
Ona Patents SL v.Google Ireland Limited o. a.
Procedural order from the Düsseldorf Local Division concerning EP 2 263 098 B1, addressing the admissibility of the Claimant's unsolicited submission of 1 September 2025. The court admitted the translation of main requests and clarifications regarding direct infringement auxiliary requests, but rejected as inadmissible the new auxiliary requests concerning indirect infringement, finding that the Claimant failed to justify late filing under R. 36 RoP.
Wonderland Nurserygoods Co.,Ltd. v.Cybex GmbH a. o.
The Düsseldorf Local Division of the Unified Patent Court upheld a judge-rapporteur's order denying the claimant's application for leave to change its claim to add an auxiliary request asserting infringement by equivalence for additional patent features. The defendants had requested a panel review under R. 333 RoP, arguing the reasoning was disadvantageous to them. The panel found the review admissible but rejected it on the merits, confirming that extending the equivalence argument to features 1.9 and 1.10 did not alter the nature or scope of the dispute.
Dolby International AB v.Beko Germany GmbH a. o.
This is a procedural order issued by the Local Chamber Düsseldorf concerning European Patent No. 3 605 534 B1. The plaintiff Dolby International AB sought relief against defendants Beko Germany GmbH and Arçelik A.Ş. Upon the defendants' motion and after hearing the plaintiff, the court cancelled the oral hearing scheduled for October 16, 2025, because one of the defendants' lead attorneys was personally unable to attend and substitution was not feasible given the short notice and case complexity. The court indicated its intention to schedule a new hearing for February 4, 2026, giving the parties until October 21, 2025 to submit comments.
Ona Patents SL v.Google Ireland Limited o. a.
Procedural order from the Düsseldorf Local Division concerning EP 2 263 098 B1, in which the Claimant Ona Patents SL sought review of a case management order regarding the scheduling of an interim conference. The Claimant argued that an interim conference was needed to discuss the relevance of arguments from related proceedings against other defendants that had been settled. The court dismissed the request as admissible but unfounded, holding that the decision to hold an interim conference lies within the discretion of the Presiding Judge and that the terminated parallel proceedings are legally independent of the present case.
Sun Patent Trust v.Vivo Mobile Communication Co., Ltd.Vivo Tech GmbH Vivo Mobile Communication Iberia SL
1 Paris Local Division UPC_CFI_362/2025 Preliminary Order of the Court of First Instance of the Unified Patent Court delivered on 13/10/2025 concerning the runtime and Preliminary Objection APPLICANTS 1) Vivo Mobile Communication Iberia SL Calle Orense 58, Planta 12 C 28020 - Madrid – ES 2) 3) Vivo
Motorola Mobility LLC v.1) ASUSTek Computer Inc 2) ASUS Computer GmbH 3) ASUSTEK (UK) LIMITED
Motorola Mobility LLC, the registered proprietor of European Patent EP 3 972 309, brought an infringement action against ASUSTek Computer Inc., ASUS Computer GmbH, and ASUSTEK (UK) Limited before the Local Chamber Munich. The patent concerns a method and apparatus for implementing carrier-specific changes as part of a connection reconfiguration affecting the security keys used in user equipment communicating with two cell groups. The defendants filed a counterclaim. The case was heard orally on July 9, 2025, and the decision was issued on October 10, 2025, by a panel of four judges.
WIRPLAST Więcek Spółka Jawna v.Vilpe Oy
A revocation action was brought by WIRPLAST – Więcek Spółka Jawna against VILPE OY concerning European patent EP 2 649 380. An interim conference was held on 9 October 2025 before the judge-rapporteur, who issued an order on 10 October 2025 setting out the procedural decisions taken. Key rulings included deeming the Claimant's Rejoinder timely, rejecting the Claimant's request to forgo translations of documents D1, D2, and D4, admitting a warning letter into the proceedings, setting the case value at EUR 630,000, and confirming the oral hearing for 3 December 2025.
Heraeus Electronics GmbH & Co. KG v.Vibrantz GmbH
This case concerns European Patent No. 3 215 288 B1, relating to metal sintering preparations, which is in force in Germany, France, Italy, and Romania. Heraeus Electronics GmbH & Co. KG filed an infringement action against Vibrantz GmbH, while Vibrantz filed a counterclaim for revocation along with applications for patent amendment and a decision on an absolute procedural bar. The Local Chamber Munich addressed the binding effect of a final national revocation judgment under Art. 24.1(e) of the Agreement on a Unified Patent Court, holding that in the absence of specific UPCA regulations, national law governs this question, and also examined private prior use rights in Germany, France, Italy, and Romania.
HL Display AB v.Black Sheep Retail Products
1. Infringement action about shelf dividers. Patent valid and infringed. Indirect infringement. Long-arm jurisdiction. 2. Counterclaim for declaration of non-infringement with revised product held inadmissible. There was no assertion of infringement prior to instituting the counterclaim nor had defendant applied in writing for an acknowledgement as meant in R. 61.1 RoP. Such assertion may not be deduced from the mere fact that the patent was invoked with respect to a different product. Rel
TOTAL SEMICONDUCTOR, LLC v.Texas Instruments Inc. et. al.
Total Semiconductor, LLC, a Texas-based licensing company that acquired European Patent EP 2 746 957 B1 from NXP B.V., sued Texas Instruments Incorporation and its German and EMEA sales subsidiaries for alleged infringement of the patent, which relates to an intelligent interrupt distributor in a multiprocessor system. The claimant sought injunctive relief, declarations of infringement, recall/removal, destruction, information communication, and a declaration of liability for damages in France and Germany. The Local Division Mannheim addressed issues including the required degree of substantiation for disputed patent features, the admissibility of new indirect infringement arguments raised for the first time at oral hearing, and the proper invocation of general common knowledge in inventive step assessments.
Hypertherm Inc. v.Tec.Mo. s.r.l.
1 di 3 Divisione Locale di Milano UPC CFI n. 226/2025 ordinanza ex rule 360 RoP depositata il 7.10.2025 ATTORE Hypertherm Inc. CONVENUTO Tec.Mo. s.r.l. ORGANO DECIDENTE Su indicazione del judge-rapporteur (v. rule 363 RoP), la presente ordinanza è adottata dal Panel nella segu
Cretes NV v.Hyler BV
The Local Division Brussels combined an infringement action brought by CRETES NV against HYLER BV with a validity counterclaim brought by HYLER BV against CRETES NV concerning European patents EP3993602 and EP4284152. Following a Court-ordered mediation process under Rule 105(5) RoP, the parties reached a settlement agreement, which they notified to the Registry on 29 August 2025. On 7 October 2025, the Court issued a definitive decision confirming the settlement under Rule 365(1) RoP, keeping its contents confidential under Rule 365.2 RoP, and addressing the reimbursement of court fees under Rules 370(9)(c) and 370(9)(e) RoP.
Roku International B.V. and Roku, Inc. v.Dolby International AB
This order from the Court of Appeal concerns appeals by Roku against the rejection of its objections (Einsprüche) by the Local Division Munich. The Court of Appeal addressed whether the grounds for objection under Rule 19.1 of the Rules of Procedure are exhaustive, whether the UPC's jurisdictional framework is compatible with EU law, whether the Administrative Committee could replace London with Milan as a Central Division location, and how court fees apply to multiple appeal proceedings. The Court of Appeal upheld the rejection of Roku's objections, finding them inadmissible or unfounded.
Corning Incorporated v.Hisense Gorenje Germany GmbH. et. al.
Corning Incorporated filed an infringement action concerning EP 3 296 274 against multiple defendants including Hisense, TCL, and LG entities before the Mannheim Local Division. During the written procedure, Corning requested partial withdrawal of the infringement action against the LG defendants (Defendants 7-9), who in turn requested withdrawal of their counterclaim for revocation. The court permitted both withdrawals, closed the proceedings against the LG defendants, and ordered each side to bear their own costs regarding the withdrawn portions.
Belkin GmbH, ****, Belkin GmbH, Belkin International, Inc., Belkin Limited, **** and **** v.Koninklijke Philips N.V.
This is an appeal decision of the Court of Appeal concerning patent infringement and a counterclaim for revocation. The court addressed key legal questions including the autonomous interpretation of 'offering' under Article 25(a) of the European Patent Convention Agreement, the liability of managing directors for patent infringement committed by their companies, and the requirements for corrective measures such as recall, removal from distribution channels, and destruction. The decision establishes that offering must be understood in an economic sense as an 'invitatio ad offerendum' and does not require a price indication or actual delivery capability.