353 cases · page 3 of 12
Showing 61–89Hurom Co., Ltd. v.NUC Electronics Co., Ltd, NUC Electronics Europe GmbH and WARMCOOK
This is an order of the Court of Appeal concerning Hurom's application under Rule 36 of the Rules of Procedure for a further exchange of written pleadings in an appeal against a decision of the Paris Local Division that had dismissed Hurom's infringement claims and revoked parts of EP 3 155 936. The court held the application admissible but rejected it on the merits, finding that Hurom had waited two months after the Statement of Response and that the parties would have sufficient opportunity to address each other's positions at the oral hearing scheduled for 2 April 2026.
Industriebeteiligungs- und Beratungs GmbH, BEGA-Consult Internationale Handelsagentur GmbH & Co KG, BEGA BBK Sp. z o.o. sp. K and NEG Novex Großhandelsgesellschaft für Elektro- und Haustechnik GmbH v.Washtower IP B.V. and Washtower B.V.
This is an appeal before the Court of Appeal of the Unified Patent Court concerning provisional measures granted by The Hague Local Division in favor of Washtower against Bega regarding EP 3 522 755. Washtower applied to withdraw its application for provisional measures under R. 265 RoP, with Bega's consent, subject to conditions regarding costs and damages. The Court of Appeal permitted the withdrawal, ordered Washtower to bear the costs of both instances, ordered Washtower to compensate Bega for any injury caused by the provisional measures, and determined the value in dispute at € 530,000.
Sibio Technology Limited v.Abbott Diabetes Care Inc.
This appeal concerned a request by Sibio Technology Limited for further exchanges of written pleadings under Rule 36 RoP in its appeal against the Paris Central Division's decision dismissing its revocation action concerning European patent EP 3 831 283 B1 owned by Abbott Diabetes Care Inc. Sibio argued that further pleadings were needed because Abbott, in its Statement of response, maintained six auxiliary requests as an alternative to upholding the appealed judgment. The judge-rapporteur rejected the request, holding that the auxiliary requests were already part of the first instance proceedings and automatically form part of the appeal proceedings under Rules 222.1 and 222.2 RoP, requiring no refiling.
EOFlow Co., Ltd. v.Insulet Corporation
The Court of Appeal of the Unified Patent Court dismissed EOFlow's request for discretionary review and auxiliary request for leave to appeal regarding penalty payments and costs imposed by the Milan Central Division. The court held that the discretionary review was inadmissible because EOFlow had not first obtained a denial of leave to appeal from the Court of First Instance, and that the Court of Appeal itself lacks the power to grant leave to appeal under Art. 73(2)(b) UPCA.
Gowling WLG (applicant) in Sumi Agro Limited and Sumi Agro Europe Limited v.Syngenta Limited
This decision by the Court of Appeal of the Unified Patent Court concerns a request by Gowling WLG, a law firm, for public access to written pleadings and evidence from terminated appeal proceedings (UPC_CoA_523/2024) between Sumi Agro and Syngenta concerning patent EP 2 152 073. The Court held that reasoned requests for access must be directed to the relevant court instance (Court of First Instance or Court of Appeal) and must be sufficiently specified. The request was granted in part for the listed written pleadings but dismissed for exhibits (as too ambiguous) and for two application documents that did not exist in the appeal file.
Suinno Mobile & AI Technologies Licensing Oy v.Microsoft Corporation
The Court of Appeal of the Unified Patent Court rejected Suinno's applications for rehearing of its 12 July 2025 order and decision, which had upheld a €300,000 security for costs order and entered a default decision dismissing Suinno's infringement action against Microsoft regarding EP 2 671 173. The Court held that Suinno failed to establish a fundamental procedural defect under Art. 81(1) UPCA, as its arguments amounted to mere disagreement with the Court's reasoning rather than demonstrating a defect so serious that the same decision would not have been taken without it.
Gowling WLG (applicant) in Boehringer Ingelheim International GmbH v.Zentiva Portugal, LDA.
Gowling WLG, a firm of UPC representatives, requested access under R. 262.1(b) RoP to written pleadings and evidence from appeal proceedings (UPC_CoA_446/2025 and 520/2025) concerning EP 1 830 843. The Court of Appeal held that reasoned requests for access must be made separately to each instance, that requests must be specified and cannot require the Court to search and select documents, and granted partial access to the written pleadings with redactions for personal data and confidential information while dismissing the request for exhibits as overly broad.
SANOFI-AVENTIS DEUTSCHLAND GMBH, SANOFI-AVENTIS GROUPE S.A., SANOFI WINTHROP INDUSTRIE S.A., and Regeneron Pharmaceuticals Inc. v.AMGEN, INC
This order concerns an application for suspensive effect filed by Sanofi and Regeneron in connection with their application for rehearing of a Court of Appeal decision that had rejected their revocation requests against Amgen's European Patent EP 3 666 797. The Court of Appeal dismissed the application for suspensive effect, holding that the applicants failed to substantiate why suspensive effect should be granted and that the underlying decision rejecting the revocation requests did not alter the parties' legal situation, as the patent had remained valid throughout the appeal proceedings.
Samsung Bioepis NL B.V. v.Alexion Pharmaceuticals, Inc.
This case concerns Samsung Bioepis NL B.V.'s withdrawal of its applications for leave to appeal cost decisions issued by the Hamburg Local Division in proceedings involving EP 3 167 888. Alexion's provisional measures applications had been dismissed with costs orders against it, and Samsung's subsequent cost decision applications were found only partially justified. With Alexion's consent and both parties waiving costs, the Court of Appeal permitted the withdrawal and closed the proceedings.
Syntorr LP v.Arthrex Inc., Arthrex GmbH, Arthrex Distribution Hub EMEA B.V.
Syntorr LP filed a patent infringement action against the Arthrex companies before the Local Division Munich concerning EP 2 670 898. The defendants sought security for costs under R. 158.1 RoP, which was granted in the amount of €2,000,000. On appeal, the Court of Appeal set aside the orders, holding that Syntorr's existing litigation insurance with an anti-avoidance endorsement from an EU-licensed insurer provided adequate protection, and ordered the release of the bank guarantee Syntorr had provided.
Guardant Health, Inc. v.Sophia Genetics SA, Sophia Genetics SAS, Sophia Genetics SRL, Sophia Genetics GmbH
Guardant Health appealed an order of the Paris Local Division rejecting its application for provisional measures against Sophia Genetics regarding European Patent EP 3 443 066, and sought suspensive effect for the associated interim award of costs of EUR 400,000. The Court of Appeal held the application for suspensive effect admissible but unfounded, finding that Guardant failed to demonstrate manifest errors or infringement of fundamental procedural rights, as the record showed both parties had requested interim reimbursement of costs of EUR 600,000. The Court rejected Sophia's request to set a payment deadline and dismissed it as inadmissible.
Huawei Technologies Co. Ltd. (and Netgear Deutschland GmbH, Netgear Inc., Netgear International Limited in the CFI main action) v.TP-Link Systems Inc., TP-Link Deutschland GmbH, TP-Link Enterprises France SARL, TP-Link Enterprises Netherlands B.V., TP-Link Italia S.R.L., TP-Link Enterprises Nordic AB, Lianzhou International Co., Ltd.
This is an order from the Court of Appeal concerning public access to the register under Rule 262.1(b) RoP. TP-Link had applied before the Local Division Munich for access to certain pleadings and annexes filed by Huawei and Netgear in related infringement proceedings concerning EP 3 678 321, after redaction of personal data. Netgear opposed the request, seeking its rejection or, alternatively, that TP-Link only receive access to fully redacted versions of the documents. The appeal proceedings concern the contested order of the Local Division Munich dated November 28, 2025.
Rematec GmbH & Co KG v.Europe Forestry B.V.
This is an appeal decision concerning European Patent EP 2 548 648, involving Rematec GmbH & Co KG as the appellant (plaintiff in infringement proceedings and defendant in nullity counterclaim proceedings) and Europe Forestry B.V. as the respondent (defendant in infringement and counterclaimant in nullity). The Court of Appeal addressed procedural questions regarding the need to examine dependent claims when the independent claim is upheld, the obligation to issue a final decision rather than remand, and the requirements for ordering publication of decisions under Article 80 EPGÜ. The decision establishes important principles about the scope of appellate review in combined infringement and nullity proceedings.
bioMérieux UK Limited, bioMérieux Benelux BV, bioMérieux SA, bioMérieux Deutschland GmbH, bioMérieux Portugal, Lda., bioMérieux Italia S.p.A., bioMérieux Austria GmbH v.Labrador Diagnostics LLC
The Court of Appeal of the Unified Patent Court refused the bioMérieux appellants' requests to stay revocation appeal proceedings pending parallel EPO opposition proceedings and to extend the deadline for filing their Statement of grounds of appeal. The court held that a rapid EPO decision was not sufficiently imminent to justify a stay, and that no exceptional circumstances existed to warrant extending the strict deadline regime under the Rules of Procedure.
Valeo Systemes D’essuyage v.ROBERT BOSCH FRANCE SAS, ROBERT BOSCH GmbH, ROBERT BOSCH S.A, ROBERT BOSCH PRODUKTIE S.A, ROBERT BOSCH DOO, BOSCH AUTOMOTIVE PRODUCTS (CHANGSHA) CO., LTD.
1 ORDONNANCE de la Cour d’appel de la Juridiction unifiée du brevet sur la recevabilité de l’appel contre une ordonnance statuant sur une objection préliminaire rendue le 11 février 2026 EN-TETE Une ordonnance du juge-rapporteur qui fait droit à l’objection préliminaire mais ne met p
PAPST LICENSING GmbH & Co. KG v.Europäisches Patentamt (EPA)
Papst Licensing appealed a decision of the Paris Central Division of the Unified Patent Court that had upheld the European Patent Office's rejection of its request for unitary effect for European patent EP 3 327 608. The patent, derived from a divisional application of a Euro-PCT application filed in 2005, did not include Malta among its designated states because Malta acceded to the European Patent Convention only in 2007. The Court of Appeal held that Article 3(1) of Regulation 1257/2012 cannot be interpreted to allow registration of unitary effect for a granted European patent that does not include the designation of one of the participating Member States, and accordingly rejected the appeal, with each party bearing its own costs.
Centripetal Limited v.Palo Alto Networks, Inc.
The Court of Appeal of the Unified Patent Court rejected Centripetal Limited's appeal against the Mannheim Local Division's revocation of a Saisie Order that had granted Centripetal's application for preserving evidence and inspecting premises against Palo Alto Networks, Inc. in connection with European patent EP 3 821 580. The Court held that Centripetal's amended requests submitted on appeal, which sought to broaden the scope of the original Saisie Order, were inadmissible because they were filed for the first time on appeal without justification and seriously prejudiced Palo Alto's ability to defend itself.
Bhagat Textile Engineers v.Oerlikon Textile GmbH & Co KG
1 Numero di riferimento: UPC CoA_8/2025 APL_366/2025 Ordinanza della Corte d'appello del Tribunale unificato dei brevetti relativa a una istanza di svincolo della garanzia ai sensi della regola 352, paragrafo 2, del Regolamento di procedura emessa il 3 febbraio 2026 ISTANT
Alpinestars S.p.A., Alpinestars Research S.p.A., Motocard Bike S.l. v.Dainese S.p.A.
This case concerns a request for discretionary review filed by Alpinestars before the Court of Appeal of the Unified Patent Court regarding an order of the Milan Local Division that separated proceedings concerning two European patents (EP '364 and EP '117). After the Local Division amended its impugned order and granted leave to appeal, Alpinestars withdrew its request for discretionary review. The Court of Appeal declared the proceedings closed and ordered reimbursement of 60% of the court fees to Alpinestars.
EOFlow Co., Ltd. v.Insulet Corporation
This appeal concerns a confidentiality request filed by EOFlow in proceedings related to a preliminary injunction finding that its insulin pump products infringe Insulet's European patent EP 4 201 327. The Court of Appeal held that there is no implicit limitation on the use of information received as a result of compliance with a court order to communicate information under Art. 67 UPCA and R. 191 RoP, and that EOFlow should have filed a R. 262A RoP application rather than relying on R. 262.2 RoP. The Court granted Insulet access to the documents labelled 'confidential,' denied EOFlow's request to restrict Insulet's use of the communicated information, and declined to decide on the remaining requests at that stage.
Merz Pharmaceuticals LLC, Merz Therapeutics GmbH, Merz Pharma France v.Viatris Santé
This order from the Court of Appeal addresses a request under Rule 262.2 of the Rules of Procedure concerning the confidentiality of information in written pleadings or evidence. The Court clarified that only Rule 262A RoP permits restricting the opposing party's use of confidential information, and that a Rule 262.2 request does not automatically grant provisional protection against disclosure. The Court further explained the proper procedure for confidentiality orders, including the requirement to file a simultaneous Rule 262A application when lodging confidential documents, and noted that documents uploaded under HC code without a legal basis will routinely be reclassified to M code to ensure access by the other parties.
Sun Patent Trust v.Vivo Mobile Communication Co., Ltd., Vivo Tech GmbH, Vivo Mobile Communication Iberia SL and APPLE Inc. (intervener)
This order of the Court of Appeal concerns a confidentiality request under Rule 262A of the Rules of Procedure. The Court addressed the proportionality of measures protecting confidential information, balancing the right to an effective remedy and fair trial against the interests of parties and third parties. Key issues included whether employees of a party should be granted access to confidential information, the treatment of licence agreement information, and the liability framework for breaches of confidentiality obligations.
TELEFONAKTIEBOLAGET LM ERICSSON v.ASUSTEK Computer inc., Arvato Netherlands B.
This Final Order of the Court of Appeal concerns an application for the protection of confidential information under Rule 262A of the Rules of Procedure in proceedings between Telefonaktiebolaget LM Ericsson (as appellant/claimant) and ASUSTeK Computer Inc. and Arvato Netherlands B.V. (as respondents/defendants, jointly 'ASUS'). The Court addressed the proportionality of confidentiality measures, particularly regarding access to confidential information by employees of the parties and the application of an 'External Eyes Only' regime. The Court established that employees of a party should generally be granted access to confidential information, subject to appropriate judicial control, and that potential harm to third parties from licensing-related confidential information may be mitigated by barring the employee from involvement in licensing negotiations for a defined period.
Applicant *** v.Respondent
The President of the Court of Appeal reviewed a petition challenging the Registrar's refusal to enter the applicant on the list of representatives before the Unified Patent Court. The applicant had submitted his application on 29 August 2025, relying on a 'Kandidatenkurs Fischbachau' Certificate from 1989 under Rule 12.1(a) of the EPLC Rules, but the Registrar rejected it as filed outside the one-year transition period from the entry into force of the UPCA on 1 June 2023. The President held that the one-year time limit in Rule 12.1 of the EPLC Rules is not discriminatory and dismissed the petition.
VALEO SYSTEMES D’ESSUYAGE v.ROBERT BOSCH FRANCE SAS, ROBERT BOSCH GMBH, ROBERT BOSCH S.A, ROBERT BOSCH PRODUKTIE S.A, ROBERT BOSCH DOO BEOGRAD, BOSCH AUTOMOTIVE PRODUCTS (CHANGSHA) CO., LTD.
1 ORDONNANCE DE PROCEDURE de la Cour d’appel de la Juridiction unifiée du brevet rendue le 21 janvier 2026 APPELANTE ET DEMANDERESSE A L’ACTION EN CONTREFAÇON DEVANT LE TRIBUNAL DE PREMIERE INSTANCE VALEO SYSTEMES D’ESSUYAGE, 34, RUE SAINT-ANDRE 93012 BOBIGNY CEDEX, FRANCE (ci-après dé
Applicant *** v.Amycel, LLC
The Court of Appeal of the Unified Patent Court rejected an application for suspensive effect filed by the Applicant (defendant in the underlying infringement action) against a decision by default of The Hague Local Division finding it liable for infringement of EP 1 993 350. The Applicant sought to suspend enforcement of parts of the default decision requiring it to send registered letters to customers, publish a notice on its website, and pay EUR 50,000 in interim damages. The Court held that the Applicant failed to establish exceptional circumstances justifying suspensive effect, as it did not demonstrate that the decision was manifestly erroneous or that its interest in maintaining the status quo outweighed Amycel's interest in enforcement.
VMR Products LLC v.NJOY Netherlands B.V.
This case concerns an appeal before the Court of Appeal of the Unified Patent Court regarding EP 3 613 453. After the Boards of Appeal of the EPO revoked the patent during the appeal proceedings, VMR Products (the appellant/defendant) applied to withdraw its appeal, which NJOY (the respondent/claimant) consented to. The Court permitted the withdrawal, ordered VMR Products to bear the costs of the appeal proceedings, and granted a 20% refund of the appeal court fees under the version of R. 370.9(b)(iii) RoP applicable before 1 January 2026.
Juul Labs International, Inc. v.NJOY Netherlands B.V.
This case concerns an appeal before the Court of Appeal of the Unified Patent Court regarding the revocation of European Patent EP 3 430 921. After the Central Division Paris revoked the patent and the EPO Boards of Appeal subsequently confirmed the revocation, Juul Labs applied to withdraw its appeal under R. 265 RoP, which NJOY consented to. The Court permitted the withdrawal, ordered Juul Labs to bear the costs of the appeal proceedings, and granted a 60% reimbursement of the appeal court fees under the pre-amendment R. 370.9(b) RoP.
Angelalign Technology Inc., Angelalign France Technology SASU, Europe Angelalign Technology B.V., Angelalign Technology (Germany) GmbH, Italy Angelalign Technology S.R.L., Shanghai EA Medical Instruments Co., Ltd. v.Align Technology, Inc.
Angelalign sought discretionary review (R. 220.3 RoP) of a procedural order issued by the Local Division Düsseldorf in provisional measures proceedings concerning EP 4 346 690, which had disregarded certain non-infringement arguments and exhibits from Angelalign's Rejoinder. The Court of Appeal, sitting as a standing judge, dismissed the request, finding that Angelalign had failed to substantiate why the impugned order was manifestly erroneous and that allowing the request would disrupt the scheduled first-instance oral hearing.
VMR Products LLC v.NJOY Netherlands B.V.
VMR Products LLC, proprietor of European Patent EP 3 456 214 relating to a vaporizer (electronic cigarette), appealed a decision of the Paris Central Division that revoked the patent in its entirety for lack of inventive step. The Court of Appeal rejected the appeal, confirming that the patent's claims, including independent claim 1 and dependent claims, lack an inventive step over the prior art, particularly the Pan reference. VMR Products was ordered to bear the costs of the appeal proceedings.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.