European UPC Patent Cases
1,878 decisions indexed
Page 20 of 63 · 1,878 total
BAUSSMANN Collated Fasteners GmbH v.Raimund Beck Nageltechnik GmbH
1. When assessing the inventive step from a legal perspective, it should always be borne in mind that it must be avoided that an invention is assessed with knowledge of the invention, i.e. retrospectively. This also applies when common general knowledge is relied upon. Also in such a case, it is usually necessary for the person skilled in the art to have an incentive to arrive at the claimed subject matter based on the state of the art. 2. If the claimant in revocation action decides no
Canon Kabushiki Kaisha v.Katun Germany GmbH a.o.
The Düsseldorf Local Division issued an order on a Rule 36 RoP application by Canon Kabushiki Kaisha seeking permission to submit further written pleadings in its infringement action concerning EP 3 686 683 B1 against Katun Germany GmbH and other Katun entities plus General Plastic Industrial Co., Ltd. The court permitted Canon to file the EPO Opposition Division's preliminary opinion and a summary of its reasoning, but rejected the request to introduce evidence from an additional test purchase conducted in October 2024, finding the submission unjustifiably delayed and essentially redundant. The written procedure was deemed closed upon expiry of the filing deadline.
Morello Forni Italia S.r.l. and Morello Forni di Morello Marco & C. S.A.S. v.Gastroteam Abbe AB and Marciuliano Attrezzature di Marciuliano Salvatore
This is a default judgment decision concerning European Patent EP 3691454 B1, titled 'Method and apparatus for shaping pizza,' brought by Morello Forni Italia S.r.l. and Morello Forni S.A.S. di Morello Marco & C. against Gastroteam Abbe AB (Sweden) and Salvatore Marciuliano, proprietor of Marciuliano Attrezzature (Italy). The defendants failed to appear in the proceedings, prompting the court to examine the requirements for issuing a default decision under Article 37 UPCS and Rules 277 and 355 RoP. The court analyzed the validity of service of the summons, the principle of non-contestation of specific facts under Rule 171.2 RoP, and the standard of proof required for default judgments.
Inter Digital VC Holdings, Inc. v.The Walt Disney Company a.o.
This case concerns European Patent No. 2 449 982 (as referenced in the order) and was filed by Inter Digital VC Holdings, Inc. against multiple Disney entities before the Düsseldorf Local Division. The proceedings were registered under case numbers UPC_CFI_87/2025 and UPC_CFI_488/2025. The available text only contains the procedural header identifying the parties, their legal representatives, and the patent in suit, with the substantive content of the order not provided.
Bekaert Binjiang Steel Cord Co. v.Siltronic AG a. o.
This order concerns the scope of disclosure of an expert report obtained during evidence preservation proceedings and the protection of confidential information under Article 58 of the relevant agreement. The applicant, Bekaert Binjiang Steel Cord Co. & Ltd., is the sole proprietor of European Patent EP 3 212 356 B1, which relates to saw wires used in semiconductor wafer production. The respondents are Siltronic AG, a silicon wafer manufacturer that purchases saw wires from the applicant, and Hinterberger GmbH & Co.KG, a logistics company providing storage services. The presiding judge established guiding principles for handling trade secrets, personal data of third parties, and other confidential information when disclosing the expert report to the applicant.
LiNA Medical AG v.Schultz Medical (UK) Ltd.
LiNA Medical AG, the registered proprietor of European Patent EP 2 593 025 B1 relating to a disposable laparoscopic morcellator, filed an urgent application before the Düsseldorf Local Division for the preservation of evidence and inspection against Schultz Medical (UK) Ltd. The application sought to inspect and analyze the Defendant's 'MORCELLIX' product being exhibited at the MEDICA trade fair in Düsseldorf, which the Applicant suspected of being a slavish copy of its LiNA Xcise™ product. The Court granted the application, ordering an inspection and evidence preservation procedure to be carried out by an independent expert at the Defendant's exhibition booth, subject to confidentiality measures.
TP-Link Systems Inc, TP-Link Deutschland GmbH, TP-Link Entreprises France SARL, TP-LINK Enterprises Netherlands B.V, TP-Link Italia S.R.L., TP-LINK Enterprises Nordic AB, Lianzhou International Co., Ltd., v.Huawei Technologies Co. Ltd.
This order concerns an application by the Defendants (TP-Link entities and Lianzhou International) to change the language of proceedings from German to English in an infringement action brought by Huawei Technologies Co. Ltd. concerning European patent EP 3678321. The Defendants argued that English, the language in which the patent was granted, should be used as the language of proceedings for reasons of fairness, citing the strict time constraints of the UPC rules of procedure, the internal working language of the parties, and the need for rapid coordination among the multiple Defendants. Huawei opposed the application and requested its dismissal. The matter was referred to the President of the Court of First Instance under Rule 323 RoP, with the panel of the Local Division Munich consulted.
Advanced Cell Diagnostics, Inc. v.Molecular Instruments, Inc.
Advanced Cell Diagnostics, Inc. (ACD), a California-based company and proprietor of European patents EP1910572 and EP2500439 relating to RNAscope in situ hybridization (ISH) technology for detecting nucleic acids in individual cells, brought infringement actions against Molecular Instruments, Inc. before the Local Division The Hague of the Court of First Instance. The patents concern methods of detecting nucleic acids in individual cells and identifying rare cells from large heterogeneous cell populations using multiplex fluorescent and chromogenic ISH assays. The proceedings were heard orally on 2 October 2025, with the panel comprising Presiding Judge Edger Brinkman, legally qualified judge Alima Zana, judge-rapporteur Margot Kokke, and technically qualified judge Michael Alt.
LiNA Medical AG v.Tonglu Qianyan Medtech Co., Ltd.,
LiNA Medical AG, proprietor of European Patent EP 2 593 025 B1 relating to a laparoscopic morcellator, filed an application for preservation of evidence and inspection against Tonglu Qianyan Medtech Co., Ltd. before the Düsseldorf Local Division. The Applicant sought measures at the Defendant's exhibition booth at the MEDICA trade fair in Düsseldorf, suspecting that the Defendant's exhibited disposable morcellator was a slavish copy of LiNA's Xcise™ product and infringed the patent. The Court granted the application, ordering an inspection and preservation of evidence procedure to be carried out by an independent expert, subject to confidentiality measures.
Komax Holding AG v.Jiangsu BOZHIWANG Automation Equipment Co., Ltd.
Komax Holding AG, the sole proprietor of European Patent EP 3 024 099 B1 relating to a cable processing device, filed an application for an order of inspection and evidence preservation at the trade fair stand of Jiangsu BOZHIWANG Automation Equipment Co., Ltd. The application was filed on November 14, 2025, in preparation for a main infringement action. The Local Chamber Düsseldorf issued the order on November 17, 2025, under Article 60 of the relevant agreement and Rules 194(d), 196, 197, and 199 of the Rules of Procedure.
Leap Tools Inc. v.Wizart Inc. a. o.
Leap Tools Inc. filed an infringement action concerning EP 3 859 566 against Wizart Inc. and Wizart LLC before the Düsseldorf Local Division. After difficulties in serving Wizart LLC and representations from Wizart Inc. that Wizart LLC was a non-existent company, the Claimant applied to withdraw the action against Wizart LLC. The Court permitted the partial withdrawal, finding that Wizart LLC had no legitimate interest in a decision on the merits since service had not yet been completed.
Boehringer Ingelheim International GMBH v.Zentiva Portugal, Lda.
Boehringer Ingelheim filed a patent infringement action against Zentiva Portugal before the Lisbon Local Division of the Unified Patent Court concerning European Patent EP1830843 (relating to nintedanib for idiopathic pulmonary fibrosis), based on a threat of infringement following an INFARMED communication. Zentiva raised a preliminary objection arguing the UPC lacked jurisdiction because the dispute involved an administrative matter falling under Portuguese administrative courts. The Court rejected the preliminary objection, holding that the UPC has exclusive competence over European patent infringement actions and that the dispute between two private parties did not concern an administrative matter.
OTEC Präzisionsfinish GmbH v.STEROS GPA INNOVATIVE S.L.
This case concerns an inspection and evidence preservation order related to European Patent EP 2 983 864 B1. The applicant, OTEC Präzisionsfinish GmbH, sought inspection at the respondent's trade fair stand at the EMO Messe Hannover, which was ordered and executed in September 2025. Following the respondent's failure to assert any confidentiality interests regarding the expert's detailed description, the court ordered disclosure of the unredacted version to the applicant.
AdvanSix Resins & Chemicals LLC. v.Troy Chemical Company B.V et. al.
AdvanSix Resins & Chemicals LLC initiated infringement proceedings against Troy Chemical Company B.V., Troy Chemie GmbH, and several Azelis entities concerning European Patent EP3286270. None of the six defendants filed a statement of defence or counterclaim, and the parties jointly requested a stay of proceedings. The claimant subsequently applied for withdrawal of the action with the defendants' consent, and the Court granted the withdrawal along with confidentiality for the settlement-related annexes and a 60% reimbursement of court fees.
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
American Wave Machines, Inc. v.Surftown GmbH a. o.
Procedural order from the Düsseldorf Local Division concerning EP 2 728 089 B1, addressing the Defendants' application for review under R. 333.1 RoP of a case management order that had dismissed their requests to extend time periods for filing a Rejoinder, a Reply to the Defence to the Counterclaim for Revocation, and a Defence to the Claimant's Application to amend the patent-in-suit. The court found the request for review admissible but unfounded, holding that the Defendants failed to demonstrate any hindrance or complication of legal defence warranting an extension, and that merely having less time than the opposing party does not constitute compelling reasons for extending statutory deadlines.
Solvay Specialty Polymers Italy S.p.A. v.Zhejiang Fluorine Chemical New Material Co. a.o.
1. One of the circumstances relevant to admission to a confidentiality club is whether the individual is an employee of the party, an employee of the party’s economic unit or an employee of a third party. 2. If it is possible for a person who is not an employee of the party to join a confidentiality club, it is – depending on the relevant circumstances of the case – in any case justified for employees of the party or its economic unit to be admitted to a confidentiality club. UPC_CFI_7
Hewlett-Packard Development Company, L.P. v.1.Andreas Rentmeister e.K.; 2. Shenzhen Moan Technology Co., Ltd.
The Düsseldorf Local Division issued an order under Rule 275.2 of the Rules of Procedure declaring that the steps already taken to serve an application for provisional measures on Defendant 2 (Shenzhen Moan Technology Co., Ltd.) constituted good service. The Court found that formal service via the Hague Convention through the Chinese Central Authority had failed despite multiple inquiries, and that further delay was incompatible with the urgent nature of provisional measure proceedings.
Faro Technologies, Inc. v.Blankenhorn GmbH
This is a cost assessment proceeding (Kostenfestsetzungsverfahren) related to a prior main case (UPC_CFI_500/2025) concerning European Patent EP 4 001 835. Faro Technologies, Inc. sought cost assessment against Blankenhorn GmbH, the respondent from the main proceedings. The court permitted the withdrawal of the cost assessment application after the parties reached an out-of-court settlement and the respondent did not object, declaring the cost assessment procedure terminated without a costs decision.
Lepu Medical (Europe) Cooperatief U.A., Lepu Medical Technology (Beijing) Co., Ltd. v.Occlutech GmbH
The Court of Appeal of the Unified Patent Court rejected Lepu's application for suspensive effect of its appeal against a provisional injunction granted by the Hamburg Local Division in favor of Occlutech concerning European Patent EP 2 387 951. The court held that Lepu failed to demonstrate that the impugned order contained manifest errors or that its interest in maintaining the status quo outweighed Occlutech's interest in preventing the established imminent patent infringement.
OTEC Präzisionsfinish GmbH v.STEROS GPA Innovative S.L.
This appeal concerned an application for provisional measures regarding alleged infringement of EP 4 249 647, which relates to an electrolytic medium and electropolishing process. The Court of Appeal set aside the first instance order that had granted an injunction against OTEC, finding that STEROS failed to demonstrate that the attacked embodiment (electropolishing medium EF 16-11) contained a non-conductive fluid with conductivity no greater than 10 micronS/cm as required by claim 1 of the patent. The Court held that experimental data not disclosed in the patent specification are generally not relevant to claim interpretation.
Yangtze Memory Technologies Co., Ltd. v.Micron Semiconductor (Deutschland) GmbH a. o.
This is a procedural order from the Düsseldorf Local Division concerning EP 3 850 660, in which Yangtze Memory Technologies Co., Ltd. filed three infringement actions against four Micron entities on 6 October 2025. Defendants 2 to 4 requested an extension of time periods for lodging preliminary objections and filing the statement of defence, citing the exceptionally large scope of the litigation campaign and the extensive technical evidence submitted by the Claimant. The Claimant objected, arguing that the technical reports had been known to the counterparties since 2024 and that global coordination did not justify delay. The Court granted the extension, setting the deadline for preliminary objections at 24 November 2025 for all Defendants and extending the deadline for the statement of defence and any counterclaim for revocation to 16 March 2026.
Black Sheep Retail Products B.V. v.HL Display AB
The Court of Appeal of the Unified Patent Court dismissed Black Sheep Retail Products B.V.'s (BSRP) application for suspensive effect against an information order issued by the Hague Local Division in infringement proceedings brought by HL Display AB concerning EP 2 432 351. The Court of Appeal held that BSRP failed to demonstrate exceptional circumstances warranting suspension, as information orders are necessary to ensure a high level of patent protection and BSRP had not shown manifest error or that the appeal would be devoid of purpose.
Align Technology, Inc. v.Angelalign Technology Inc. a. o.
The Düsseldorf Local Division dismissed the Defendants' request for security for legal costs in provisional measures proceedings concerning European Patent EP 4 346 690 B1. The court held that the Defendants failed to meet their burden of substantiation regarding the alleged difficulty of enforcing a costs order in the United States, as their reliance on a prior Munich Local Division order was insufficient to establish facts specific to this case.
Brita SE v.Fileder Filter Systems Spolka z o.o.
Brita SE, the registered proprietor of European Patent EP 2 131 940 B1 relating to water filter devices with locking cartridges, filed a preliminary injunction application against the Polish company Fileder Filter Systems Spółka z o.o. The defendant is part of the Fileder Group, whose German distribution subsidiary had previously been warned by Brita for alleged patent infringement and issued a cease-and-desist declaration, subsequently identifying the defendant as the supplier of the allegedly infringing water filter systems. The Local Division Hamburg issued an order on November 6, 2025, following receipt of the application on November 5, 2025.
Dolle A/S v.Farko a.o.
This case concerns European Patent EP 2 476 814 B1, with Dolle A/S as plaintiff and counterclaim defendant, and four FAKRO entities (from Austria, Germany, Denmark, and Poland) as defendants and counterclaimants. The decision addresses three key legal points: the interpretation of 'same invention' under Article 87 EPC for priority purposes, procedural rules regarding the timing of validity attacks in revocation counterclaims, and the interpretation of general claim terms in light of prior art cited in the patent. The Local Division Hamburg issued its decision on November 5, 2025, confirming the disclosure standard for priority as corresponding to the added matter standard.
Seoul Viosys Co., Ltd. v.expert e-Commerce GmbH and expert klein GmbH
This is an appeal decision from the Court of Appeal concerning European Patent EP 3 223 320, owned by Seoul Viosys Co., Ltd., against expert e-Commerce GmbH and expert klein GmbH. The appeal concerns the assessment of added matter (unzulässige Erweiterung) under Article 123(2) EPC, particularly where the patent was derived from an international application not filed in an official EPO language. The Court of Appeal addressed key legal questions regarding the role of translations of international applications and the standard for assessing disclosures in earlier applications.
Adeia Guides Inc. v.The Walt Disney Company (Benelux) B.V. et al
1 UPC_CFI_666/2024 UPC_CFI_ 199/2025 Procedural Order of the Court of First Instance of the Unified Patent Court Local Division The Hague delivered on 3/11/2025 concerning: order after interim conference (R. 105.5) Date of receipt of Statement of claim : 07/11/2024 The Walt Disne
Nokia Solutions and Networks Oy v.Zhejiang Geely Holding Group Co., Ltd. et. al.
This is an order issued by the Local Chamber Mannheim on November 3, 2025, in a patent infringement action concerning European Patent EP 3 799 333. The plaintiff, Nokia Solutions and Networks Oy, brought the action against numerous defendants affiliated with the Geely automotive group, including entities related to Lynk & Co, Zeekr, Lotus, and smart brands. The case involves an opposition under Rule 19 of the Rules of Procedure, and the order was issued by the Rapporteur Judge Sender.
IMI Hydronics Engineering Deutschland GmbH v.Belparts Group N.V
This procedural order from the Central Division Paris addresses Belparts Group N.V.'s application to join its counterclaim for infringement with the main infringement action pending before the Local Division Munich, in the context of multi-jurisdictional proceedings concerning European Patent No. EP3812870. The dispute involves parallel infringement and revocation actions across the Local Division Munich and the Central Division Paris, with all IMI defendants consenting to the referral. The panel considered Rule 340.1 of the Rules of Procedure regarding connection of cases, taking into account the scheduling of proceedings and the pending Boards of Appeal hearing at the European Patent Office.
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