28 cases · page 1 of 1
Establishment Labs S.A. v.GC Aesthetics ParentCo Limited, Nagor Limited, GC Aesthetics Management Limited, GC Aesthetics (Distribution) Limited, GC Aesthetics (France) SAS, EuroSilicone SAS, GC Aesthetics GmbH, GC Aesthetics Spain, S.L.U., Global Co
This Order II concerns an application under Rule 190 of the Rules of Procedure filed by the GC Aesthetics group of companies in parallel UPC proceedings (infringement action UPC_CFI_1357/2025 and counterclaim for revocation UPC_CFI_629/2025) relating to European Patent EP 3 107 487 B1. The applicants sought an order requiring LABS to produce specific evidence, including sales figures for Motiva SilkSurface implants, physical samples manufactured before the priority date, and various promotional and marketing materials. The Court granted the 'Primary Order' requests (with the exception of request I.c and an adjustment to request I.b), ordering LABS to produce the requested evidence within 21 days, while emphasizing the need to align evidence-gathering requests between parallel UPC and UK proceedings for procedural efficiency and proportionality.
2seventy bio, Inc. v.Johnson & Johnson, Janssen Biotech, Inc., Janssen Pharmaceuticals Inc., Janssen-Cilag International NV, Janssen Pharmaceutica NV, Janssen-Cilag NV, Janssen Biologics B.V., Janssen-Cilag B.V., Janssen-Cilag GmbH, Janssen-Cilag S
This is a procedural order issued by the Local Division Brussels of the Unified Patent Court concerning European Patent EP 3 689 383, owned by the United States of America. The Claimant, 2seventy Bio, Inc., filed an infringement action against Johnson & Johnson, various Janssen entities, and Legend Biotech entities, who filed counterclaims for revocation. The Court indicated its intention to hold a joint hearing of the infringement action and the counterclaims for revocation under Article 33(3)(a) UPCA, for reasons of efficiency and to ensure uniform interpretation of the patent.
Establishment Labs S.A. v.GC Aesthetics ParentCo Limited Nagor Limited GC Aesthetics Management Limited GC Aesthetics (Distribution) Limited GC Aesthetics (France) SAS EuroSilicone SAS GC Aesthetics Italy S.R.L. GC Aesthetics GmbH GC Aesthetics Spai
Establishment Labs S.A. (LABS), the proprietor of EP 3 107 487 B1, applied under Rule 263.3 RoP to limit its infringement action by withdrawing the UK designation portion of its claim against several GC Aesthetics defendants. The defendants sought dismissal, declarations of manifest inadmissibility under Rule 361 RoP, immediate cost awards, and prospective restrictions on future UPC claims. The Brussels Local Division granted LABS unconditional leave to limit its claims, held that Defendants 2 and 10 no longer had a legal basis to remain in the infringement proceedings but should stay for cost purposes, granted the defendants leave to limit their counterclaim, and granted leave to appeal.
Establishment Labs S.A. v.GC Aesthetics ParentCo Limited Nagor Limited GC Aesthetics Management Limited GC Aesthetics (Distribution) Limited GC Aesthetics (France) SAS EuroSilicone SAS GC Aesthetics Italy S.R.L. GC Aesthetics GmbH GC Aesthetics Spai
Establishment Labs S.A. (LABS), the proprietor of EP 3 107 487 B1, applied under Rule 263.3 RoP to limit its infringement action by withdrawing the UK designation portion of its claim against several GC Aesthetics defendants. The defendants sought dismissal, declarations of manifest inadmissibility under Rule 361 RoP, immediate cost awards, and prospective restrictions on future UPC claims. The Brussels Local Division granted LABS unconditional leave to limit its claims, held that Defendants 2 and 10 no longer had a legal basis to remain in the infringement proceedings but should stay for cost purposes, granted the defendants leave to limit their counterclaim, and granted leave to appeal.
Simmons & Simmons LLP GENENTECH INC. F. HOFFMANN – LA ROCHE AG v.ORGANON HEIST B.V. NV ORGANON
In this legal proceeding before Brussels (BE) Local Division (decision issued on 2026-05-04) under reference UPC_46FFEC8858, Simmons & Simmons LLP GENENTECH INC. F. HOFFMANN – LA ROCHE AG appeared in dispute with ORGANON HEIST B.V. NV ORGANON concerning patent rights and legal remedies.
ESKO-SOFTWARE BV, ESKO-GRAPHICS BV v.IN(K)CONTROL BV
This order concerns an application by the Defendants (Esko-Software BV and Esko-Graphics BV) to change the language of proceedings from Dutch to English in an infringement action brought by In(k)control BV based on European Patent EP3841735. The President of the Court of First Instance addressed whether further submissions beyond those foreseen by R. 323.2 RoP should be considered, and weighed the relevance of English being the language of the patent and the technology field against the particular circumstances of the parties' size and domicile. The order was issued following consultation with the panel of the Local Division Brussels.
Establishment Labs S.A. v.GC Aesthetics Parentco Limited et al.
Establishment Labs S.A. (LABS), the proprietor of EP 3 107 487 B1, applied under Rule 263.3 RoP to limit its infringement action by withdrawing the UK designation portion of its claim against several GC Aesthetics defendants. The defendants sought dismissal, declarations of manifest inadmissibility under Rule 361 RoP, immediate cost awards, and prospective restrictions on future UPC claims. The Brussels Local Division granted LABS unconditional leave to limit its claims, held that Defendants 2 and 10 no longer had a legal basis to remain in the infringement proceedings but should stay for cost purposes, granted the defendants leave to limit their counterclaim, and granted leave to appeal.
(1) GC AESTHETICS PARENTCO LIMITED, (2) NAGOR LIMITED, (3) GC AESTHETICS MANAGEMENT LIMITED, (4) GC AESTHETICS (DISTRIBUTION) LIMITED, (5) GC AESTHETICS (France) SAS, (6) EUROSILICONE SAS, (7) GC AESTHETICS ITALY S.R.L., (8) GC AESTHETICS GmbH, (9) G v.ESTABLISHMENT LABS S.A.
This procedural order concerns a request by the defendants (a group of GC Aesthetics entities and Romed N.V.) for security for costs under Rule 158 RoP against the claimant Establishment Labs S.A. (LABS) in infringement proceedings concerning EP 3 107 487 B1. The defendants argued that LABS, incorporated in Costa Rica, posed an enforcement risk because Costa Rica had not ratified the Hague Judgement Convention and there was no precedent for enforcing UPC costs orders there. The Court ordered LABS to provide security of €600,000 within 21 days, either by deposit into a UPC account or by bank guarantee from an EU-licensed bank.
(1) GC AESTHETICS PARENTCO LIMITED (2) NAGOR LIMITED (3) GC AESTHETICS MANAGEMENT LIMITED (4) GC AESTHETICS (DISTRIBUTION) LIMITED (5) GC AESTHETICS (France) SAS (6) EUROSILICONE SAS (7) GC AESTHETICS ITALY S.R.L. (8) GC AESTHETICS GmbH (9) GC AESTHE v.ESTABLISHMENT LABS S.A.
This case concerns a Preliminary Objection filed by 13 defendants associated with GC Aesthetics challenging the Unified Patent Court's (UPC) jurisdiction over alleged infringements of EP 3 107 487 B1 in non-UPC contracting states (Ireland, Spain, Norway, Switzerland, and the United Kingdom). The defendants argued that the claimant, Establishment Labs S.A., relied solely on the domicile of Defendant 13 (Romed N.V.) in Belgium without evidencing any activities in non-UPC countries. The Local Division Brussels dismissed the Preliminary Objection, holding that the UPC has jurisdiction over all national designations of the European patent when at least one defendant is rightfully sued before the UPC, and that the substantive assessment of infringement in those territories belongs to the merits stage.
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.
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.
Barco NV v.Yealink (Xiamen) Network Technology Co. Ltd. - Yealink (Europe) Network Technology BV
This is a procedural order from the Local Division Brussels of the Unified Patent Court in infringement proceedings concerning EP 3 732 827. Yealink filed a Preliminary Objection under R. 19 RoP challenging the territorial competence of the LD Brussels under Article 33(1)(a) UPCA. Because the same territorial competence issue was already the subject of a cross-appeal pending before the UPC Court of Appeal in case UPC_CoA_317/2025, the Court stayed the Preliminary Objection proceedings until the Court of Appeal issues its decision, and set a schedule for post-decision comments.
Genentech, Inc. - F. Hoffmann-La Roche AG v.Organon Heist B.V. - N.V. Organon
1. A double assessment determines the scope of review proceedings in application of R. 197.3 RoP: a) First, the Court should assess whether it has “rightly” (cf. LD Munich 28 May 2025, UPC_CFI_63/2025 and LD Düsseldorf 16 April 2025, UPC_CFI_539/2024) decided to issue an “ex parte” order to preserve evidence/for inspection (R.194.1(d) RoP juncto R. 194.2 RoP). In this assessment, the Court should take into consideration the facts and evidence (i) brought forward in the application for an
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.
OrthoApnea S.L., Vivisol B BV v.Respondent
This is a definitive rectification order issued by the Local Division Brussels concerning a request under Rule 353 RoP to correct a costs decision (ORD_33711/2025 - ORD_8991/2024) issued on 25 July 2025. The plaintiffs, OrthoApnea S.L. and VIVISOL B BV, sought correction of a material error in the costs decision, specifically that expert VASQUEZ's costs of €2,200 were not included in the total reimbursement amount of €43,865.64 owed by the defendant. The court addressed the scope of rectification orders, clarifying that they cannot revisit the reasoning of the original decision and have no expanding or limiting effect on it.
OrthoApnea S.L., Vivisol B BV v.***
This decision by the Local Division Brussels addresses a costs procedure under Rule 156 RoP concerning the recovery of representation costs. The court clarified the burden of proof regarding claimed costs, the timing for requests to adjust the recoverable costs ceiling, and the scope of recoverable representation costs. The ruling establishes that claimants bear the burden of proving their claimed costs and must submit supporting evidence, while the court retains discretion to apply the cost ceiling as a safety net based on equity considerations.
Genentech INC., F.Hoffmann – La Roche AG v.Organon & Co., Organon Heist B.V., NV Organon, Shangai Henlius Biotech INC
Genentech Inc. and F. Hoffmann-La Roche AG (the proprietors of EP 3 401 335 B1, relating to pharmaceutical formulations of HER2 antibodies used in Perjeta®) applied to the Local Division Brussels of the Unified Patent Court for an order to preserve evidence and an order for inspection against Organon entities and Shanghai Henlius Biotech Inc., who are preparing to launch HLX11, a biosimilar of Perjeta®. The court granted both applications, appointing independent technical experts to inspect the defendants' premises and preserve evidence of alleged patent infringement, subject to conditions including a security deposit and limitations on the use of the evidence obtained.
Yealink (Europe) Network Technology B.V., Yealink (Xiamen) Network Technology Co. Ltd. v.Respondent
Yealink applied for rectification of a final order issued by the Local Division Brussels on 21 March 2025 in proceedings concerning EP 3 732 827, seeking to amend the operative part to explicitly characterize the cost award as an 'interim award' and add a reference to Rule 211(1)(d) RoP. The Court dismissed the application, holding that the grounds for rectification under R. 353 RoP are limited to clerical errors, miscalculations, and obvious omissions, none of which were present. The Court reasoned that the order must be read as a whole, and the existing reference to R. 150(2) RoP already encompasses the concept of an interim award of costs.
OrthoApnea S.L. and Vivisol B BV (Applicants) v.***
This provisional procedural order (Order IV) was issued by the Local Division Brussels on 2 May 2025 in case UPC_CFI_131/2025 concerning a request by claimants OrthoApnea S.L. and VIVISOL B BV for payment of litigation costs assessed at €92,814.62 under Rule 151 RoP in proceedings involving EP 2 233 036. The dispute centered on whether the costs proceedings should be suspended pending the defendant's appeal filed on 17 March 2025 against the LD Brussels decision of 17 January 2024 in UPC_CFI_376/2023. The claimants argued that under Article 74(1) UPCA, appeal has no suspensive effect and that no legal basis exists for delaying the costs decision.
Yealink (Xiamen) Network Technology Co. Ltd., Yealink (Europe) Network Technology B.V. v.Barco N.V.
Barco NV, proprietor of European Patent EP 3 732 827, filed an application for provisional measures against Yealink entities before the Local Division Brussels of the Unified Patent Court. The Court held that the LD Brussels was territorially competent to hear the application, but dismissed the application for provisional measures due to lack of urgency, finding that Barco had acted negligently or hesitated in seeking relief. Barco was ordered to bear the legal costs of the Yealink defendants up to the applicable ceiling of €112,000.
Cretes NV v.Respondent
This procedural order concerns the streamlining of parallel infringement and revocation proceedings between CRETES NV (plaintiff/counterclaim defendant) and HYLER BV (defendant/counterclaim plaintiff) relating to European patents EP3993602 and EP4284152. The Court addresses a general procedural request filed by CRETES under Rule 9 RoP regarding the alignment of deadlines between the infringement action (UPC_CFI_216/2024) and the revocation counterclaim (UPC_CFI_556/2024). Both parties had previously agreed that the date of notification of the Statement of Defence (September 16, 2024) would serve as the determining date for deadlines in both proceedings.
*** v.OrthoApnea S.L., Vivisol B BV
The Local Division Brussels of the Unified Patent Court rejected an infringement action brought by an individual plaintiff against OrthoApnea S.L. and VIVISOL B BV concerning European Patent 3 216 430. The court found neither literal infringement nor infringement by equivalence, holding that without functional equivalence no infringement by equivalence can be established under any equivalence test. The court also addressed procedural issues regarding the temporal condition for substantive proceedings following an evidence preservation order under Rule 198(1) of the Rules of Procedure.
Cretes NV v.Hyler BV
This procedural order concerns the joinder of a main infringement action and a counterclaim for revocation before the Local Division Brussels. Cretes NV brought an infringement action against Hyler BV, while Hyler BV filed a counterclaim seeking revocation of two European patents (EP 3 993 602 and EP 4 284 152) held by Cretes NV. The court ordered the joint treatment of both proceedings for reasons of efficiency, legal certainty, and at the parties' request, and directed the Rapporteur Judge to take steps for the appointment of a technically qualified judge.
*** v.OrthoApnea S.L., Vivisol B BV
This is a procedural order issued by the Court of First Instance, Local Division Brussels, in an infringement action concerning European Patent EP 2 331 036. The order was issued following an Interim Conference held on 6 September 2024 under Rule 105.5 of the Rules of Procedure. The court explored the possibility of an amicable settlement between the parties, noting willingness on the plaintiff's side and limited willingness on the defendants' side, primarily due to substantial costs already incurred.
OrthoApnea S.L. v.Respondent
This is a procedural decision of the Local Division Brussels concerning an Application for Review filed by the defendants against a prior case management order. The defendants, OrthoApnea S.L. and VIVISOL B BV, sought review of Order ORD_37783/2024 of 8 July 2024, which had rejected their objection against the claimant's equivalence arguments while granting an extension for filing a Statement of Rejoinder until 1 August 2024. The underlying dispute relates to European Patent EP 2 331 036 and concerns the permissibility of the claimant supplementing factual context, adding equivalence-based infringement arguments, and adjusting the prayer for relief in their Reply to the Statement of Defence.
OrthoApnea S.L. v.Respondent
This case concerns an infringement action before the Local Division Brussels regarding European Patent EP 2 331 036. The Defendants filed a Generic Procedural Application on June 24, 2024, objecting to the Claimant's Reply to the Statement of Defence. The dispute centers on whether the Claimant may supplement the factual framework, add an equivalence-based infringement argument, and adjust the prayer for relief in his Reply. The Judge-Rapporteur issued a definitive procedural order on July 8, 2024, following a provisional order of June 25, 2024 that invited further submissions from both parties.
*** v.OrthoApnea S.L.
Lokale afdeling Brussel Bevel van het gerecht van eerste aanleg van het Eengemaakt Octrooigerecht (UPC) Lokale afdeling te Brussel Gegeven op 21 september 2023 Betreffende EP 2 331 036 Bevel ex R.192 RoP tot bescherming van bewijsmateriaal en het maken van een beschrijving
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