Litigation Decisions
45 cases | Page 2 of 2
Lepu Medical (Europe) Cooperatief U.A., Lepu Medical Technology (Beijing) Co., Ltd. v.Occlutech GmbH
This is an order from the Court of Appeal of the Unified Patent Court concerning the withdrawal of an appeal in provisional measures proceedings related to European patent EP 2 387 951. The appellants, Lepu Medical entities, withdrew their appeal against a cease-and-desist injunction granted by the Hamburg Local Division in favor of Occlutech GmbH, and the Court of Appeal permitted the withdrawal, declared the proceedings closed, and ordered the appellants to bear the costs of the appeal proceedings.
Adobe Inc., Adobe Systems Software Ireland Limited v.KEEEX SAS
The Court of Appeal of the Unified Patent Court rejected as entirely inadmissible the appeal filed by Adobe Inc. and Adobe Systems Software Ireland Limited against an order of the Paris Local Division dated 19 December 2025, which had ordered Keeex SAS to provide a security for costs of €50,000 in connection with a patent infringement action concerning EP 2 949 070. The Court held that Adobe had failed to first obtain authorization to appeal from the first instance court as required by Rule 220.
Suinno Mobile & AI Technologies Licensing Oy v.Microsoft Corporation
The Court of Appeal of the Unified Patent Court issued a decision by default against Suinno, the appellant and patent proprietor, for its failure to provide security for costs (EUR 600,000) ordered in the appeal proceedings concerning the revocation of EP 2 671 173. The Court held that R. 355.2 RoP does not apply when a default decision is requested against the appellant, as the appellant is regarded as the claimant in appeal proceedings. The appeal was dismissed and Suinno was ordered to bear the costs of the appeal proceedings.
FAKRO Dachflächenfenster GmbH, FAKRO Dachfenster GmbH, FAKRO Danmark A/S, FAKRO Sp. z o.o. v.Dolle A/S
This is a procedural order from the Court of Appeal concerning the suspension of appeal proceedings under Rule 295(d) of the Rules of Procedure. Both parties jointly requested suspension of the appeal proceedings regarding an infringement action and a counterclaim for revocation due to an out-of-court settlement. The Court of Appeal granted the joint request and ordered the suspension of both appeal proceedings to prevent the deadline for filing the appeal brief from expiring before decisions on the withdrawal applications are made.
Optopol Technology Sp. z o.o. v.Topcon Corporation
This case concerns a request for discretionary review of a procedural order from the Local Division Düsseldorf. The Respondent (Topcon) missed the deadline to file its Reply to the Statement of defence and Defence to the Counterclaim for revocation, prompting the Applicant (Optopol) to seek a default decision. The Local Division dismissed the application for re-establishment of rights but retroactively extended the time period under R. 9.3(a) RoP. The Court of Appeal dismissed the request for discretionary review, finding the impugned order was not manifestly incorrect.
Niche Biomedical, Inc. v.ONWARD Medical N.V.
The Court of Appeal had previously ordered ONWARD Medical N.V. to bear the costs of the appeal proceedings. Niche Biomedical, Inc. filed a cost assessment application on 27 April 2026, but withdrew it the same day, stating it would refile the application at the Local Division Munich. The Court of Appeal allowed the withdrawal by analogy to Rule 265(1) RoP without a hearing, finding that the respondent's interest was not affected and that the Court of First Instance has jurisdiction over cost assessment applications.
Merz Pharmaceuticals LLC, Merz Therapeutics GmbH, Merz Pharma France v.Viatris Santé
Merz, the proprietor of European Patent EP 2 377 536 and French Supplementary Protection Certificate No. 13C0033 covering FAMPYRA® (fampridine) for treating multiple sclerosis, sought provisional measures against Viatris Santé for marketing a generic version (FAMPRIDINE VIATRIS®) in France. The Paris Local Division rejected the application for lack of urgency, finding Merz had delayed unreasonably. The Court of Appeal set aside that order, granted the provisional measures, and ordered Viatris Santé to refrain from marketing the generic in France until the SPC expires on 25 July 2026.
Polytechnik Luft- und Feuerungstechnik GmbH v.Dall Energy ApS
The Court of Appeal of the Unified Patent Court rejected Polytechnik's application for suspensive effect of an order by the Copenhagen Local Division compelling it to produce construction drawings and operation/maintenance manuals in patent infringement proceedings brought by Dall Energy concerning EP 2 334 762. The Court held that Polytechnik failed to demonstrate exceptional circumstances justifying a stay, finding that the confidentiality protections in the order were adequate and that the alleged prejudice did not meet the threshold of a breach of fundamental procedural rights.
Guardant Health, Inc. v.Sophia Genetics SA, Sophia Genetics SAS, Sophia Genetics SRL, Sophia Genetics GmbH
Guardant Health, proprietor of European Patent 3 443 066 (EP'066) relating to methods for detecting cancer via cfDNA sequencing, sought provisional measures against the Sophia Genetics companies for offering the MSK-ACCESS® powered with SOPHIA DDM™ test. The Paris Local Division rejected the application, finding EP'066 likely invalid for added matter and ordering Guardant to pay EUR 400,000 in interim costs. On appeal, the Court of Appeal largely upheld the rejection but reduced the interim costs award to EUR 300,000, declared Sophia's cross-appeal inadmissible, and ordered Guardant to bear the costs of the proceedings.
Abbott Diabetes Care Inc. v.Sinocare Inc., A. Menarini Diagnostics s.r.l.
In this legal proceeding before Luxembourg (LU) (decision issued on 2026-04-17) under reference UPC_5B2F76A36A, Abbott Diabetes Care Inc. appeared in dispute with Sinocare Inc., A. Menarini Diagnostics s.r.l. concerning patent rights and legal remedies.
Belkin International Inc., Belkin B.V., Belkin Limited v.Koninklijke Philips N.V.
The Court of Appeal of the Unified Patent Court denied Belkin's requests regarding the timing of its appeal against a decision of the Munich Local Division in an infringement action brought by Philips concerning EP 2 867 997. The Local Division had issued a panel decision without reasons on 11 February 2026, and Belkin appealed on 13 April 2026, seeking an extension of the deadline for certain appeal requirements or, alternatively, a formal deficiency notice. The Court held that the time period for lodging a Statement of appeal had not yet begun to run because the first-instance decision lacked the required reasons.
La Siddhi Consultancy Limited. v.Athena Pharmaceutiques SAS, Substipharm
This is a revocation action concerning European Patent No. 3 592 333 before the Court of First Instance of the Unified Patent Court (Central Division, Milan Seat). The claimant filed an application under Rule 262A RoP seeking to restrict access to the unredacted version of Exhibit MW21, a non-public agreement with a third party, to an 'attorneys' eyes only' confidentiality regime. The defendants sought broader access, including for their Head of Legal, Indian external legal advisers, and external experts. The Court granted a confidentiality regime but allowed access to the defendants' external representatives and two named natural persons, rejecting the requests for Indian counsel and external experts.
Suinno Mobile & AI Technologies Licensing Oy v.Microsoft Corporation
This order of the Court of Appeal concerns applications for a stay of proceedings and security for costs in appeal proceedings related to European Patent EP 2 671 173. The appellant Suinno Mobile & AI Technologies Licensing Oy sought a stay of proceedings and security for costs against Microsoft Corporation in the context of a counterclaim for revocation. The Court of Appeal addressed the legal framework under Art. 69(4) UPCA and Rules 158 and 295 of the Rules of Procedure, clarifying who may request security for costs and under what circumstances such requests are admissible.
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.
This procedural order from the Court of Appeal of the Unified Patent Court concerns a request for simultaneous interpretation under Rule 109 RoP in connection with appeals against orders of the Paris Central Division. The respondents (Robert Bosch entities) sought simultaneous French-English interpretation for the appeal hearing, while the appellant (Valeo Systèmes d'Essuyage) opposed the request. The Court rejected the interpretation request and ordered that the oral proceedings at the hearing
*** v.AMYCEL, LLC
This case concerned an appeal regarding the Appellant's entitlement to reduced court fees in proceedings involving European Patent EP 1 993 350. The Appellant had initially claimed micro-enterprise status to pay a reduced fee of €6,600, but later abandoned that claim and asserted small enterprise status without providing supporting evidence. The Court of Appeal found the Appellant failed to demonstrate qualification as a small enterprise and ordered payment of the remaining fee plus a penalty, totaling €9,900. Following the Appellant's non-payment and request for waiver or legal aid, the matter proceeded toward a default decision against the Appellant.
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