European UPC Patent Cases
1,592 decisions indexed
Page 26 of 54 · 1,592 total
Ortovox Sportartikel GmbH v.Mammut Sports Group AG, Mammut Sports Group GmbH
In a procedural ruling concerning cost assessment within an ongoing UPC action, the Düsseldorf Local Division granted the claimant, Ortovox Sportartikel GmbH, protection for its trade secrets. The court found that information regarding billed work and hourly rates constituted confidential business information. This decision reinforces the ability of parties to safeguard sensitive commercial data during litigation under the UPC framework.
Nokia Technologies Oy v.Amazon Europe Core S.à r.l.
This UPC Court of Appeal decision addressed an appeal filed by Nokia Technologies Oy against a preliminary procedural order issued in the main infringement case involving Amazon. The core issue was whether the appeal remained viable after the parties reached an out-of-court settlement and subsequently withdrew the original patent infringement claim. The court determined that because the underlying dispute had been resolved, the appeal itself became moot. This ruling reinforces the principle of procedural efficiency within the UPC system, confirming that appeals must be dismissed when the subject matter they address is no longer legally relevant.
Ortovox Sportartikel GmbH v.Mammut Sports Group AG; Mammut Sports Group GmbH
This UPC decision addresses a complex costs determination application arising from an infringement and revocation action concerning avalanche search devices. The court provided crucial guidance on the separability of costs, confirming that expenses incurred during preliminary injunction proceedings are distinct and separately reimbursable, even if they precede the main infringement suit. This ruling clarifies how cost ceilings apply across different procedural stages within the UPC framework, offering significant clarity for practitioners managing multi-stage litigation.
Pfizer Inc. v.GlaxoSmithKline Biologicals SA
In this procedural order, the Unified Patent Court allowed Pfizer and GlaxoSmithKline Biologicals SA to withdraw a revocation action concerning EP4183412. The case involved complex cross-referencing between an infringement proceeding in Düsseldorf and the revocation action in Milan. Since both parties agreed on the withdrawal and subsequent closure of the proceedings, the court granted the request while also ordering the reimbursement of 60% of the court fees paid by the withdrawing parties.
Pfizer Inc. v.GlaxoSmithKline Biologicals SA
In a procedural order concerning EP4183412, the UPC Central Division allowed Pfizer (the claimants) and GlaxoSmithKline Biologicals SA (the defendant) to withdraw their respective revocation action and counterclaim. The parties reached an agreement that rendered the patent amendment applications moot. This case highlights how mutual consent can lead to the swift closure of complex litigation in the UPC, even when significant value is at stake.
Pfizer Inc. v.GlaxoSmithKline Biologicals SA
In a procedural order concerning the revocation of EP4183412, Pfizer and GlaxoSmithKline Biologicals SA mutually agreed to withdraw the action and counterclaim. The UPC Central Division granted this request, effectively closing the proceedings. This case highlights how mutual consent can lead to the swift dismissal of complex patent litigation, even when significant value is at stake.
Shanghai Jinko Green Energy Enterprise Management Co., Ltd. v.LONGi Solar Technologie GmbH
In a significant procedural development concerning solar panel technology, the UPC Local Division Munich granted an extension to multiple defendants. The case involves Chinese claimants asserting infringement against several LONGi-related entities regarding European patent EP 4 372 829. This order allows all parties sufficient time to prepare their defenses and counterclaims for revocation, keeping the core dispute alive.
Scandit AG v.Hand Held Products, Inc.
This UPC Board of Appeal decision addressed a procedural request by Scandit AG seeking reimbursement of court fees after withdrawing its action against Hand Held Products, Inc. The core issue was determining the precise moment the 'oral proceedings' concluded under the relevant Rules of Procedure. The Court clarified that for appeal proceedings, the oral phase ends upon the conclusion of the hearing itself, not when the final judgment is rendered. The court consequently denied Scandit's request for a 20% refund, as the withdrawal was deemed to have occurred after the formal end of the oral proceedings. This ruling provides important clarity on procedural deadlines and definitions within the UPC framework.
Edwards Lifesciences Corporation v.Meril Gmbh, Meril Life Sciences Pvt Ltd.
This UPC Court of Appeal decision addressed Meril's application for suspensive effect against a preliminary infringement judgment issued by the Munich Local Division. Edwards, the patent holder, had secured an injunction prohibiting the sale and use of specific prosthetic heart valve systems. Meril argued that the initial decision was erroneous and requested a stay of enforcement. The Court ultimately rejected this request, affirming the principle that UPC decisions are generally enforceable while appeals are pending.
LIFE 365 S.R.L. - LIFE365 ITALY S.P.A. v.HEWLETT-PACKARD DEVELOPMENT COMPANY, L.P and LAMA France
This UPC decision addressed a third party's request for access to the file in an ongoing infringement and revocation case concerning printer cartridge patents (EP2089230 and EP1737669). LIFE 365 S.R.L. sought full disclosure, arguing that the technical arguments from the UPC proceedings were relevant to its parallel litigation in Italy. The court ultimately granted limited access to key pleadings but denied broader access, emphasizing that only documents directly necessary for the Italian dispute would be shared.
Kunststoff KG Nehl & Co. v.Häfele SE & Co. KG
This UPC case involves a revocation action brought by Kunststoff KG Nehl & Co. against Häfele SE & Co. KG concerning European patent EP 3 767 151. The claimant argues the patent lacks novelty, inventive step, and clarity. While the substantive merits are still pending before the oral hearing on June 4, 2025, the court issued a critical case management order. Notably, the judge-rapporteur rejected the defendant's extensive proposal of 80 auxiliary claims as unreasonable in number, streamlining the path forward for the litigation.
LIFE 365 S.R.L. - LIFE365 ITALY S.P.A. v.HEWLETT-PACKARD DEVELOPMENT COMPANY, L.P (Demandeur) and LAMA France (Défendeur)
This UPC procedural decision addressed a third party's request for access to the case file (UPC_CFI_358/2023). LIFE 365, an Italian company involved in the printer cartridge market, sought full access to documents related to the infringement and revocation proceedings between HPDC and LAMA France. The court balanced the applicant's legitimate interest—driven by ongoing national litigation and high costs—against the need to protect confidentiality and maintain procedural integrity. Ultimately, limited access was granted, restricting disclosure only to specific pleadings relevant to the patent validity challenge.
Atlas Global Technologies GmbH v.TP-Link Deutschland GmbH
In a procedural development concerning the patent EP 3 353 901, Atlas Global Technologies GmbH initiated proceedings against TP-Link entities. The Düsseldorf Local Division issued an order suspending the case. This suspension was reached by mutual agreement of all parties involved in the infringement and revocation actions. This highlights how strategic agreements can pause high-stakes UPC litigation.
Genevant Sciences GmbH v.Moderna (various entities)
In a complex case involving fifteen Moderna entities across multiple jurisdictions, the UPC addressed procedural challenges related to service and scheduling deadlines. Claimants Genevant Sciences and Arbutus Biopharma sought extensions due to the global nature of their defendants. The Court rejected the specific extension requests but issued an order setting a unified deadline for all Defendants to file their Statements of Defense, demonstrating how the UPC manages multi-jurisdictional litigation efficiently.
Fujifilm Corporation v.Kodak Holding GmbH, Kodak GmbH, Kodak Graphic Communications GmbH
This UPC Court of Appeal decision addressed an application for suspensive effect filed by Kodak against a judgment issued by the Court of First Instance in an infringement case brought by Fujifilm. The court ruled that the appeal did not have suspensive effect, rejecting Kodak's request to halt the enforcement of the initial judgment. The ruling emphasized that while appeals can be challenged, the appellant must demonstrate manifest errors in the lower court's decision, which Kodak failed to do.
Atlas Global Technologies GmbH v.Vantiva SA; Vantiva Technologies SAS; Vantiva Technologies Germany GmbH
In a procedural ruling issued by the Düsseldorf Local Division of the Unified Patent Court, the infringement and revocation proceedings concerning EP 3 353 901 were suspended. Atlas Global Technologies GmbH (Claimant) and Vantiva entities (Respondents) mutually agreed to this suspension. This decision highlights the parties' ability to manage complex UPC litigation through procedural agreements.
Promosome LLC v.BioNTech SE, BioNTech Manufacturing GmbH, BioNTech Manufacturing Marburg GmbH, BioNTech Innovative Manufacturing Services GmbH, BioNTech Europe GmbH, Pfizer Manufacturing Belgium NV, Pfizer SAS, Pfizer AB, and Pfizer, Inc.
Promosome LLC initiated an infringement action against BioNTech and Pfizer regarding various Comirnaty® COVID-19 vaccine variants, citing EP 2 401 365. The Defendants raised a preliminary objection challenging the UPC's jurisdiction over alleged infringing acts that occurred before the UPCA came into force (specifically concerning the BA.1 variant). The Court ruled that while its competence is not retroactive, it defers the resolution of this jurisdictional challenge to the main proceedings, allowing the infringement action to proceed for now.
Barco N.V. v.Yealink (Europe) Network Technology B.V., Yealink (Xiamen) Network Technology Co. Ltd.
This UPC Court of Appeal decision addressed an application for suspensive effect concerning a cost order issued by the CFI in provisional measures proceedings. Barco N.V., the appellant, sought to suspend the enforcement of a €112,000 cost award against it. The Court ultimately rejected this request, upholding the principle that appeals generally lack suspensive effect unless exceptional circumstances are met. This case reinforces the strict application of procedural rules regarding the suspension of judicial decisions within the UPC framework.
Genevant Sciences GmbH v.Moderna (various entities)
This UPC decision addresses procedural challenges arising from the complex, multinational structure of a corporate group (Moderna). Claimants sought extensions for defendants due to varying service dates across multiple jurisdictions. The Court rejected the blanket extension requests but imposed a single, unified deadline for filing Statements of Defense. This ruling highlights how the UPC manages procedural complexity when dealing with global entities, prioritizing judicial efficiency while ensuring all parties have adequate time.
Promosome LLC v.Pfizer Manufacturing Belgium NV, Pfizer SAS, Pfizer, Inc., Pfizer AB (and associated BioNTech entities)
Promosome LLC initiated an infringement action against Pfizer and its affiliates concerning various Comirnaty® COVID-19 vaccine variants protected by EP 2 401 365. The Defendants raised a preliminary objection arguing that the UPC lacked jurisdiction over alleged infringing acts related to certain pre-June 2023 sales, citing the principle of non-retroactivity in international law. The Court acknowledged its subject matter competence but deferred the conclusive decision on the jurisdictional challenge to the main proceedings, allowing the case to proceed.
DISH Technologies L.L.C. v.AYLO PREMIUM LTD
In this preliminary ruling concerning an infringement case (UPC_CFI_471/2023), the court addressed a motion by the defendants to introduce arguments and interpretations from a related US patent proceeding. The court ultimately rejected this request, emphasizing that differing views on claim scope in foreign proceedings are not admissible for interpreting the European patent claims. This decision reinforces the principle of procedural order within the UPC, requiring parties to present all relevant facts and legal arguments promptly.
Emboline, Inc. v.AorticLab srl
In this procedural order, the UPC Local Division Munich addressed a request for security for costs. The court ruled in favor of Emboline, Inc., requiring AorticLab srl to provide €200,000 in security. This decision highlights that when a party themselves raises concerns about insolvency following an injunction, it satisfies the legal requirement for granting security for costs under the UPC Agreement.
Heraeus Electronics GmbH & Co. KG v.Vibrantz GmbH
This UPC procedural order addressed a request by Heraeus Electronics to extend its response deadline, citing the vacation of key members of its Confidentiality Club and delays in accessing confidential documents. The court corrected the start date for Heraeus's deadlines based on when access was actually granted (March 18, 2025). However, the court ultimately denied the request for further extensions, stating that personal vacations do not affect procedural timelines.
Bekaert Binjiang Steel Cord Co. & Ltd. v.Siltronic AG
This UPC decision addressed a request for provisional measures concerning evidence preservation and inspection related to the patent EP 3 212 356 B1, which covers specialized saw wires used in semiconductor manufacturing. The claimant sought to inspect facilities of Siltronic AG (and Hinterberger GmbH & Co.KG) to gather evidence regarding the use of patented saw wire types. Despite acknowledging the general principles of evidence preservation, the Local Chamber of Düsseldorf ultimately rejected the application for an inspection and evidence-gathering order.
Dainese S.p.A. v.Alpinestars Research S.p.A.
This UPC preliminary order addressed a jurisdictional challenge raised by Alpinestars Research S.p.A. against Dainese S.p.A.'s infringement claim. The Court ruled that, as the defendant was domiciled in an EU Member State participating in the UPCA, the Milan Local Division possessed universal jurisdiction. Crucially, the court affirmed its competence to hear claims concerning patents validated outside the UPC system, specifically in Spain. This decision reinforces the broad territorial reach of the UPC when dealing with defendants within the Union.
Shanghai Jinko Green Energy Enterprise Management Co., Ltd. v.LONGi Solar Technologie GmbH
In this procedural order, the UPC Local Division Munich addressed an issue of service in a solar technology infringement case involving Jinko Solar and LONGi Solar. The court determined that despite a defendant failing to collect a registered letter containing the statement of claim, the attempted service was valid under the Rules of Procedure. This ruling ensures procedural efficiency by establishing a deemed date of service for the defendant, allowing the main infringement action to move forward.
STADAPHARM GmbH v.ACCORD HEALTHCARE S.L.U., ACCORD HEALTHCARE LIMITED, Novartis AG, ACCORD HEALTHCARE B.V.
This UPC Court of Appeal decision addresses the scope of public access to court documents, specifically written pleadings and evidence. Stadapharm appealed a lower court's denial of access to documents from a withdrawn main infringement proceeding. The Court ultimately granted access, emphasizing that once proceedings are concluded and parties consent or do not object, the general interest in public access prevails. This ruling provides clarity on how confidentiality concerns must be balanced against transparency requirements within the UPC framework.
Headwater Research LLC v.Motorola Mobility LLC, Motorola International Sales LLC, Motorola Mobility Germany GmbH, Digital River Ireland, Ltd., Flextronics International Europe B.V.
In this UPC procedural order, Headwater Research LLC sought to separate the infringement case against one respondent (Beklagte zu 5) due to significant delays. The court ultimately denied this request, prioritizing process economy over the claimant's desire for a faster resolution. The ruling emphasized that since all parties are linked in the supply chain and address the same core issues, keeping them together prevents contradictory judgments.
Ona Patents SL v.Google Ireland Limited, Google Commerce Limited
In a recent procedural order, the Düsseldorf Local Division of the UPC decided to consolidate the infringement action brought by Ona Patents SL against Google entities with the counterclaim for revocation. This strategic decision was made at the request and consent of both parties. By combining these two complex issues into one hearing, the court aims to enhance efficiency and ensure that any determination of patent validity is applied uniformly when assessing infringement.
Maxeon Solar Pte. Ltd. v.Aiko Energy Germany GmbH, Solarlab Aiko Europe GmbH, Memodo GmbH, Aiko Energy Netherlands B.V., Libra Energy B.V., VDH Solar Groothandel B.V., PowerDeal SRL, Coenergia Srl a Socio Unico
In a procedural order concerning security of legal costs, the UPC addressed concerns raised by several defendants regarding the financial stability of the claimant, Maxeon Solar Pte. Ltd. The Court ultimately ruled in favor of the defendants' request for security, setting the required amount at EUR 100,000. This decision underscores the court's power to manage procedural risks and ensure that patent holders can bear the costs associated with litigation.
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