European UPC Patent Cases
1,878 decisions indexed
Page 13 of 63 · 1,878 total
Rematec GmbH & Co KG, Poststraße 10, 84378 Dietersburg, Germ v.Patentanwälte, Rechtsanwälte, LANGUAGE OF PROCEEDINGS
This order addresses a procedural question regarding jurisdiction over a cost decision application following an appeal in a patent infringement and revocation case concerning EP 2 548 648. The Court of Appeal dismissed Rematec's application to refer its cost decision request to the Court of First Instance, holding that the Court of Appeal has no jurisdiction over cost decisions, which must be filed before the Court of First Instance. The Court found no exceptional circumstances warranting a deviation from the general rule.
Amazon.com, Inc., Seattle, Washington, USA, Amazon Technologies, Inc., Seattle, Washington, USA v.InterDigital VC Holdings, Inc., Wilmington, Delaware, USA, InterDigital Patent Holdings, Inc., Wilmington, Delaware, US
The Court of Appeal of the Unified Patent Court set aside the lower court's order that had refused Amazon's request to produce a private transcript of an oral hearing using a professional transcriber. The Court held that under Rule 115 RoP, a party may prepare a private transcript of an oral hearing with the assistance of support staff such as a stenographer working in the presence and under supervision of the party or its representative. The Court further held that such private transcripts may be used in related proceedings outside the UPC, provided specific conditions regarding clear labeling and compliance with confidentiality orders are met.
Emporia UK and Ireland Ltd. v.Seoul Viosys Co., Ltd., - 65-16, Sandan-ro 163 beongil, Danwongu, Ansansi,
This revocation action concerns European patent EP 3 926 698 B1 relating to a light-emitting diode. The claimant sought revocation on grounds of added subject-matter and lack of inventive step, later adding a novelty ground. The defendant sought to maintain the patent as granted or in amended form through multiple auxiliary requests. The Court addressed the consequences of a parallel Court of Appeal decision that had already revoked claims 1, 4, 5, 6, and 9, and ruled on the admissibility of subsequent amendments and late-filed evidence.
ONWARD Medical N.V. v.Niche Biomedical, Inc.
This is an appeal concerning an application for interim measures related to alleged direct and indirect infringement of European Patent EP 3 421 081 B1, which relates to a system for neuromodulation. ONWARD Medical N.V., the registered proprietor of the patent, sought interim measures against Niche Biomedical, Inc. before the Local Division Munich, which issued an order on October 17, 2025. The appeal addressed key procedural and substantive issues including the assertion of a non-registered claim version in interim proceedings, the admissibility of auxiliary requests under Rule 222 of the Rules of Procedure, and the determination of intended use under Article 26 EPGÜ for indirect patent infringement.
NUC Electronics Europe GmbH, WARMCOOK v.Hurom Co., Ltd. (in UPC_CoA_409/2025); NUC Electronics CO., Ltd
Three consolidated appeals before the Court of Appeal of the Unified Patent Court concerning EP 2 028 981, a patent for a juice extractor owned by Hurom Co., Ltd. The appeals challenged decisions of the Mannheim Local Division finding infringement by NUC Electronics Europe GmbH, NUC Electronics Co., Ltd (Korea), and WARMCOOK's 'AUTO10' slow juicers. The Court of Appeal addressed issues of international jurisdiction under Article 26(1) Brussels Ia Regulation, particularly regarding Turkey (a non-UPC contracting EPC member state), and held that mere access to the case file does not constitute entering an appearance.
IMI Hydronic Engineering Deutschland GmbH v.Belparts Group N.V.
IMI Hydronic Engineering Deutschland GmbH filed a revocation action against Belparts Group N.V. concerning European Patent EP3812870, to which Belparts responded with a counterclaim for infringement and an application to amend the patent. After the parties reached an out-of-court settlement, both parties applied to withdraw their respective actions. The Court granted the withdrawals, declared the proceedings closed, and entered the decision on the register without issuing a cost decision.
SANOFI-AVENTIS DEUTSCHLAND GMBH, SANOFI-AVENTIS GROUPE S.A., SANOFI WINTHROP INDUSTRIE S.A., and Regeneron Pharmaceuticals Inc. v.AMGEN, INC
This decision concerns an application by Sanofi and Regeneron to withdraw their application for rehearing filed against the Court of Appeal's 25 November 2025 decision, which had set aside the Central Division Munich's revocation of EP 3 666 797 and rejected the revocation request. Amgen consented to the withdrawal and indicated no decision on costs was necessary. The Court of Appeal permitted the withdrawal, declared the proceedings closed, and rejected the request for reimbursement of court fees because only one fee had been paid when two were due.
F. Hoffmann-La Roche AG a.o. v.A. Menarini Diagnostics S.r.l. a.o.
This case concerned a patent infringement action filed by F. Hoffmann-La Roche AG and Roche Diabetes Care GmbH against A. Menarini Diagnostics entities regarding European Patent EP 1 962 668. Before the written proceedings were concluded, the plaintiffs withdrew the action and requested a 50% reimbursement of court fees, with the defendants consenting to the withdrawal. The parties had reached an out-of-court settlement under which each side bears its own costs, and the court allowed the withdrawal, declared the proceedings terminated, and ordered partial reimbursement of court fees.
Applicant *** v.Amycel, LLC
The Court of Appeal of the Unified Patent Court declared a second application for suspensive effect (R. 223 RoP) inadmissible. The Applicant, who was the defendant in infringement proceedings concerning EP 1 993 350, had already filed a first application for suspensive effect that was rejected on 16 January 2026. The second application, filed on 20 February 2026, raised arguments identical or very similar to those in the first application, and the court held that the Applicant failed to demonstrate that the new submissions could not reasonably have been made in the previous application.
Amgen N.V., Amgen S.R.L, Amgen GmbH, Amgen B.V., Amgen S.A.S., Amgen Inc., Amgen Europe B.V. v.Regeneron Pharmaceuticals Inc. and Sanofi Biotechnology SAS
This appeal concerned EP 3 536 712, where Amgen had appealed a decision of the Düsseldorf Local Division dismissing its counterclaim for revocation. After the written procedure was closed and an oral hearing was scheduled, the parties reached an out-of-court settlement, and Amgen applied to withdraw the appeal pursuant to R. 265 RoP, with Sanofi and Regeneron consenting. The Court of Appeal permitted the withdrawal and declared the proceedings closed, but dismissed Amgen's request for reimbursement of court fees because the withdrawal occurred after the closure of the written procedure, falling outside the scope of R. 370.9(b) RoP.
ALPINA Coffee Systems GmbH v.CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG
This is an order from the Court of Appeal concerning ALPINA Coffee Systems GmbH's request for suspensive effect (stay of enforcement) of its appeal against a decision of the Local Chamber Düsseldorf. The underlying decision of March 18, 2026 had largely found that ALPINA's milk frother 'ALPINA Latte Perfetto Duo' infringed European Patent EP 3 398 487, while ALPINA's counterclaim for revocation was unsuccessful. ALPINA filed its appeal on March 19, 2026, and sought suspensive effect at least until it becomes clear whether and to what extent CUP&CINO will seek enforcement in parallel proceedings concerning related European patents.
Sanofi Biotechnology SAS, Regeneron Pharmaceuticals Inc. v.Amgen N.V., Amgen S.R.L, Amgen GmbH, Amgen B.V., Amgen S.A.S., Amgen Inc., Amgen Europe B.V.
This appeal concerned EP 3 536 712, where Sanofi and Regeneron appealed a decision of the Düsseldorf Local Division dated 13 May 2025 that dismissed their infringement action and ordered them to bear the costs. After the written procedure was closed, the appellants applied to withdraw the appeal pursuant to R. 265 RoP, indicating the parties had reached an agreement, and sought reimbursement of 50% of court fees. The Court of Appeal permitted the withdrawal, declared no cost decision necessary, but dismissed the request for reimbursement of court fees because the withdrawal occurred after the closure of the written procedure.
REEL International (claimant) v.Fives ECL (defendant)
1 Ordonnance de procédure du Tribunal de première instance de la Juridiction unifiée du brevet, Division centrale (Section Munich) rendue le 24 mars 2026 EN-TETE Le défaut d’intérêt à agir et l’autorité de la chose jugée, que le défendeur à une action invoque pour dénier à
BTL Medizintechnik GmbH v.Lexter Microelectronic Engineering Systems S.L.
This procedural order concerns the reimbursement of court fees following the withdrawal of a patent infringement action. The Claimant, BTL Medizintechnik GmbH, had filed an infringement action regarding EP 4 426 414 against the Defendant, Lexter Microelectronic Engineering Systems S.L., and subsequently withdrew the action. The Court ordered the Registrar to reimburse the Claimant 60% of the court fees (6,600 EUR) pursuant to Rule 370.9 RoP (2025), as the action was terminated before the closure of the written procedure.
Versah LLC v.Argimiro Antonio Hernandez Suarez
Versah LLC filed a patent infringement action against Argimiro Antonio Hernandez Suarez concerning European Patent EP 2 919 672 B1. Before the written proceedings were concluded, the plaintiff withdrew the lawsuit and requested a partial refund of court fees. The defendant consented to both the withdrawal and the fee refund, and the court allowed the withdrawal, declared the proceedings terminated, and ordered a 60% refund of the court fees paid by the plaintiff.
VALEO SYSTEMES D’ESSUYAGE v.ROBERT BOSCH DOO, ROBERT BOSCH FRANCE S.A.S., ROBERT BOSCH GmbH, ROBERT BOSCH S.A., ROBERT BOSCH PRODUKTIE S.A., BOSCH AUTOMOTIVE PRODUCTS (CHANGSHA) CO., LTD.
1 Division Locale de Paris UPC_CFI_1963/2025 Ordonnance de procédure du Tribunal de première instance de la Juridiction unifiée du brevet, rendue le 23 mars 2026 (R333 RdP révision d’une ordonnance) ENTETE La condition fixée par l’article 33.1(b) AJUB relative au lien commercial entre le
HyGear B.V., SYPOX GmbH - Josef Kerner Energiewirtschafts GmbH - Technical University of Munich v.Topsoe A/S
This order concerns HyGear B.V.'s application to change the language of proceedings from German to English in a case involving European patent EP3802413 relating to hydrogen production by steam methane reforming. The main proceedings were initiated by Topsoe A/S against HyGear B.V., SYPOX GmbH, Josef Kerner Energiewirtschafts GmbH, and the Technical University of Munich. The President of the Court of First Instance was asked to decide on the language change request pursuant to Rule 323 of the Rules of Procedure, with most parties consenting to the change except the Technical University of Munich.
Dolby International AB v.Beko Germany GmbH a.o.
This case concerns European Patent EP 3 605 534, with Dolby International AB as the plaintiff and Beko Germany GmbH and Arçelik A.Ş. as defendants, relating to smart TV technology and standard-essential audio/video codecs. The dispute centers on FRAND licensing obligations and whether Dolby holds a dominant position on the relevant market. The Düsseldorf Local Division held that a dominant position under Article 102 TFEU may arise where smart TVs cannot be offered without a license to the patent in suit, given consumer expectations of codec compatibility. The court further ruled that under the Huawei v. ZTE negotiation framework, if the alleged infringer fails to express willingness to take a license after being notified of infringement, the examination terminates without needing to assess whether the patent holder's offer is FRAND.
EOFLOW Co., Ltd. v.Insulet Corporation
The Court of Appeal dismissed EOFlow's appeal against the Milan Central Division's denial of its requests under R. 262.2 RoP to classify certain business information as confidential. The court held that trade secrets or confidential information lose their protected character when disclosed to the opposing party without a R. 262A RoP order or other restriction, and that a R. 262.2 RoP request does not automatically prevent the other party from disclosing the information.
(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.
CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG v.ALPINA Coffee Systems GmbH
This case concerns an infringement action and a counterclaim for revocation regarding European Patent EP 3 398 487 B1, which relates to a method and device for producing milk foam with adjustable temperature. The plaintiff, CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG, brought the infringement claim against ALPINA Coffee Systems GmbH. The key legal ruling addressed the scope of destruction remedies under Article 64(2)(e) UPCA, holding that advertising materials are exempt from destruction because they are not covered by the statutory wording.
VEOLIA PROPRETE, VALINEA ENERGIE, MAGUIN SAS v.TIRU
1 UPC_CFI_417/2025 UPC_CFI_509/2025 UPC_CFI_528/2025 DECISION du tribunal de première instance de la Juridiction Unifiée du Brevet rendue le 18 mars 2026 EN-TETE : 1. L'article 123(3) CBE a pour objectif de garantir la sécurité juridique des tiers en interdisant toute exte
UPC Decision v.Ex Parte
In this legal proceeding before Court of Appeal (decision issued on 2026-03-17) under reference UPC_34AB24ABE9, The Claimant appeared in dispute with The Respondent concerning patent rights and legal remedies.
Vivo Mobile Communication Co., Ltd., Vivo Tech GmbH, Vivo Mobile Communication Iberia SL v.Sun Patent Trust
The Court of Appeal of the Unified Patent Court dismissed appeals by Vivo against orders of the Paris Local Division that had rejected Vivo's preliminary objections challenging the UPC's jurisdiction over FRAND-related claims. The court held that the Paris LD properly exercised its discretion in deferring the admissibility decision on the FRAND determination claim to the main proceedings, and that the panel (rather than only the judge-rapporteur) was competent to make such a deferral decision.
TRUMPF Laser- und Systemtechnik SE v.IPG Laser GmbH & Co. KG
This case concerns an infringement action and counterclaim for revocation regarding European Patent EP 2 624 031 B1, titled 'Method and arrangement for generating a laser beam with different beam profile characteristics.' TRUMPF Laser- und Systemtechnik SE, the sole proprietor of the German, French, and Italian parts of the patent, sued IPG Laser GmbH & Co. KG for patent infringement. The defendant filed a counterclaim seeking revocation of the patent. The Local Chamber Düsseldorf heard oral arguments on January 22, 2026 and rendered its decision on March 16, 2026.
Ecovacs Robotics Co., Ltd. v.Roborock (HK) Limited
This appeal concerned the review of an ex parte order for inspection issued by the Local Division Düsseldorf. Ecovacs had applied for an order to inspect and preserve evidence of Roborock's robot vacuum cleaners exhibited at the IFA 2025 trade fair in Berlin, alleging potential infringement of EP 3 808 512. The Court of Appeal addressed the heightened duty of candour imposed on applicants seeking ex parte orders under R. 192.3 RoP, holding that omissions and distorted accounts of material facts relevant to the proportionality assessment cannot be remedied by later submissions in response to a request for review.
La Siddhi Consultancy Limited v.Athena Pharmaceutiques SAS, Substipharm
This order concerns a revocation action regarding European Patent No. 3 592 333 (UP) before the Court of First Instance of the Unified Patent Court, Central Division (Milan Seat). The defendants filed an application under Rule 158 RoP requesting security for legal costs in the amount of 112,000 €, citing the claimant's weak financial position and the risk that a costs order would be difficult to enforce. The claimant opposed the application, requesting its dismissal or, alternatively, a reduction of the security amount based on its status as an SME.
Neurocrine Biosciences, Inc. v.Spruce Biosciences, Inc.
This case concerned a revocation action filed by Neurocrine Biosciences against Spruce Biosciences's European patent EP 3 784 233, relating to methods for treating testicular and ovarian adrenal rest tumors. During the proceedings, the European Patent Office Opposition Division revoked the patent in its entirety for lack of novelty, and Spruce chose not to appeal. The Court disposed of the revocation action as devoid of purpose under R. 360 RoP, awarded Neurocrine 80% of the maximum recoverable costs (EUR 488,000), and ordered partial reimbursement of court fees.
ADOBE INC., ADOBE SYSTEMS SOFTWARE IRELAND LIMITED, OPENAI LP, OPENAI OPCO LLC, OPEN AI IRELAND LTD, TRUEPIC INC., JOINT DEVELOPMENT FOUNDATION PROJECTS LLC, COALITION FOR CONTENT PROVENANCE AND AUTHENTICITY v.KEEEX SAS
1 Ordonnance de la Cour d’appel de la Juridiction unifiée du brevet rendue le 13 mars 2026 EN-TÊTE : En principe, le mémoire en demande doit contenir les éléments de droit et fait nécessaires pour justifier la compétence de la juridiction. Lorsque la compétence de la juridiction est fo
A. Menarini Diagnostics S.r.l., Berlin-Chemie AG, A. Menarini Diagnostics Frankreich SASU v.F. Hoffmann- La Roche AG, Roche Diabetes Care GmbH
This appeal concerned EP 1 962 668, a patent dispute in which F. Hoffmann-La Roche AG and Roche Diabetes Care GmbH had obtained an order for interim measures against A. Menarini Diagnostics entities from the Local Chamber Düsseldorf on December 5, 2025. The Menarini entities appealed that order. Before the appeal could be heard, the parties reached an out-of-court settlement, and Roche withdrew its request for interim measures. The Court of Appeal allowed the withdrawal pursuant to Rule 265 of the Rules of Procedure and terminated the proceedings, noting that each party would bear its own costs.
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