European UPC Patent Cases
1,878 decisions indexed
Page 38 of 63 · 1,878 total
Arvato Netherlands B.V., Digital River Ireland Ltd., ASUSTek Computer Inc. v.Telefonaktiebolaget LM Ericsson
This case concerns a cost decision following the dismissal of a preliminary injunction application filed by Telefonaktiebolaget LM Ericsson against ASUSTek Computer Inc., Arvato Netherlands B.V., and Digital River Ireland Ltd. for alleged infringement of European Patent EP 2 819 131 B1. The Lisbon Local Division held that R. 150 RoP can apply to cost decisions following the rejection of a preliminary injunction, and applied the principle of proportionality to award only the travel expenses of the representatives (EUR 4,946.22), rejecting the other claimed costs to avoid the risk of double assessment with the subsequently filed main action on the merits.
Samsung Electronics GmbH, Samsung Electronics France S.A.S v.Fingon LLC
This case concerns a preliminary objection filed by Samsung in a patent infringement action brought by Fingon LLC regarding EP 2 839 403. The defendants challenged the validity of the claimant's withdrawal of an opt-out and the UPC's temporal jurisdiction over acts committed before the UPCA's entry into force and during the opt-out period. The Mannheim Local Division rejected the preliminary objection, holding that questions of fact and law relevant to both jurisdiction and the merits should be reserved for the main proceedings.
TELEFONAKTIEBOLAGET LM ERICSSON v.Respondent
Telefonaktiebolaget LM Ericsson filed an infringement action against ASUSTeK Computer Inc. and Digital River Ireland Ltd. before the Lisbon Local Division of the Unified Patent Court concerning European Patent No. EP 2 819 131 B1. Following Digital River's insolvency and winding-up order by an Irish court, Ericsson sought leave to withdraw the action against Digital River. The Court allowed the partial withdrawal, ordered each party to bear its own costs, directed Ericsson to file an amended Statement of Claim within 10 days, and granted AsusTek two months to file its Statement of Defence from service of the amended pleading.
Pfizer AB , Pfizer Manufacturing Belgium NV , Pfizer SAS, Pfizer, Inc. v.Promosome LLC
In a patent infringement action concerning European patent EP 2 401 365 before the Local Division Munich, the Defendants (BioNTech and Pfizer entities) requested under Rule 190 RoP that the Claimant Promosome LLC produce the detailed materials, methods, and raw data underlying an expert report submitted in the proceedings. The Court rejected the request as inadmissible or, in any event, unfounded, finding that the Defendants had not yet disputed infringement, had not presented reasonably available evidence in support of their defences, and had failed to sufficiently specify the evidence requested and the facts they sought to prove.
Hisense Europe Holding GmbH, Hisense Gorenje Germany GmbH v.Corning Incorporated
1 Local Division Mannheim UPC_CFI_819/2024 Procedural Order of the Court of First Instance of the Unified Patent Court issued on 3 April 2025 Preliminary Objections: 8315/2025 8851/2025 10368/2025 8312/2025 8203/2025 Claimant Corning Incorporated, One Riverfront Plaza - 14831 - Co
EOFLOW Co., Ltd. v.Respondent
The Court of Appeal of the Unified Patent Court permitted EOFlow to withdraw its application for leave to appeal against an order of the Central Division (Milan) that had dismissed EOFlow's application for a cost decision without examination of the substance. Insulet agreed to the withdrawal, and neither party sought a decision on the costs of the leave to appeal proceedings.
BioNTech Manufacturing Marburg GmbH , BioNTech Manufacturing GmbH , BioNTech SE, BioNTech Europe GmbH , BioNTech Innovative Manufacturing Services GmbH v.Promosome LLC
This case concerns a patent infringement action before the Local Division Munich of the Unified Patent Court involving European patent EP 2 401 365. The defendants (BioNTech and Pfizer entities) filed an application under Rule 190 RoP seeking to compel the claimant Promosome LLC to produce the detailed materials, methods, and raw data underlying an expert report submitted in support of its infringement claims. The court rejected the defendants' request as inadmissible or, in any event, unfounded, holding that the defendants had not yet disputed infringement, had not presented reasonably available evidence in support of any defense, and had failed to sufficiently specify the evidence requested.
Microsoft Corporation v.Respondent
This order concerns generic procedural applications filed by Microsoft Corporation, the defendant in an underlying infringement action brought by Suinno Mobile & AI Technologies Licensing Oy, seeking a decision by default against the claimant. Microsoft argued that Suinno failed to provide security for costs within the court-ordered time limit and that the facts justified dismissing the infringement action, dismissing the application to amend the patent, and revoking European patent EP 2 671 173 in its entirety. Suinno did not oppose a default decision against itself, instead seeking confirmation of the patent's validity, a finding of infringement, and payment of €2,000,000 under 'invoice 1331'. The Court addressed the legal framework for default decisions under Rule 355 of the Rules of Procedure.
Fujifilm Corporation v.Kodak GmbH, Kodak Graphic Communications GmbH , Kodak Holding GmbH
Procedural order from the Mannheim Local Division of the Unified Patent Court concerning EP 3 511 174. The court ordered the separation of proceedings regarding the UK national part of the patent-in-suit because the ECJ decision in C-339/22 (BSH Hausgeräte), which addressed a fundamental question of European law on international jurisdiction under the Brussels Ia Regulation, was only delivered after the oral hearing. The court found it inappropriate to delay the entire decision or hold a second oral hearing, and instead separated the UK-related claims to be dealt with in separate proceedings.
Chint Solar Netherlands B.V., Astronergy GmbH, Chint New Energy Technology Co., Ltd., Astronergy Europe GmbH, Astronergy Solar Netherlands B.V., Astronergy Solarmodule GmbH v.Respondent
This procedural order concerns an application by the defendants for an order requiring the claimant to provide security for costs under Rule 158 of the Rules of Procedure. The defendants argued that because the claimant, JingAo Solar Co., Ltd., is domiciled in China, enforcement of any cost decision against it would be highly difficult or nearly impossible. The claimant opposed the motion, contending that basing a security order solely on the nationality or domicile of a party would constitute a priori discrimination not supported by any source of law, and that judgments from numerous countries including Germany have been recognized and enforced in China under Article 267 of the PRC Law of Civil Procedure.
Ascendis Pharma Growth Disorders A/S, Ascendis Pharma A/S v.BioMarin Pharmaceutical Inc.
This is a procedural order from the Local Division Munich of the Court of First Instance concerning a preliminary objection filed by Ascendis Pharma in an infringement action brought by BioMarin Pharmaceutical regarding European patent 3 175 863 (Variants of C-Type Natriuretic Peptide). Ascendis challenged the validity of BioMarin's withdrawal of opt-out and argued that BioMarin failed to establish the court's competence by not sufficiently alleging infringing acts. The presiding judge rejected the preliminary objection in its entirety, finding the opt-out withdrawal valid and that BioMarin had sufficiently shown actual and threatened infringement occurring in Germany.
Fujifilm Corporation v.Kodak Graphic Communications GmbH , Kodak Holding GmbH, Kodak GmbH
Fujifilm Corporation sued three German Kodak entities for alleged infringement of European Patent EP 3 511 174 B1, which relates to lithographic printing plate precursors. The defendants counterclaimed for revocation, challenging novelty, inventive step, and alleging added matter. The Mannheim Local Division found infringement by the defendants' SONORA XTRA-3 product, dismissed the counterclaim for revocation, and granted injunctive relief, information orders, destruction and recall orders, and an interim costs award of EUR 300,000.
Hisense Gorenje Germany GmbH, Hisense Europe Holding GmbH v.Respondent
1 Local Division Mannheim UPC_CFI_819/2024 Procedural Order of the Court of First Instance of the Unified Patent Court issued on 2 April 2025 Applications: 8314/2025 8850/2025 8319/2025 8313/2025 8316/2025 8317/2025 Claimant Corning Incorporated, One Riverfront Plaza - 14831 - Co
Fujifilm Corporation v.Kodak GmbH, Kodak Holding GmbH, Kodak Graphic Communications GmbH
Fujifilm Corporation sued three Kodak entities for alleged infringement of European patent EP 3 476 616 B1, which relates to lithographic printing plate precursors, by selling SONORA X, SONORA XTRA-2, and SONORA XTRA-3 products in Germany and the UK. The defendants counterclaimed for revocation, challenging the patent's validity on grounds of lack of novelty, inventive step, and added matter. The Local Division Mannheim revoked the patent entirely in Germany, dismissed Fujifilm's application to amend the patent, dismissed the infringement action, and ordered Fujifilm to pay EUR 300,000 in interim costs.
Samsung Electronics GmbH, Samsung Electronics Co. Ltd., Samsung Electronics France s.a.i. v.Respondent
Procedural order issued by the Local Division Munich concerning two related infringement actions (UPC_CFI_54/2024 and UPC_CFI_396/2024) involving European patent EP 2 391 947. Samsung, with Headwater's consent, requested an extension of the deadline to file comments on three pending applications, and the Presiding Judge granted the extension from 3 April 2025 to 8 April 2025, closing the four associated workflows.
MANN+HUMMEL GmbH v.Respondent
This case concerned an application for interim measures filed by MANN+HUMMEL GmbH against SOTRAS - S.R.L. for alleged infringement of European Patent EP 2 762 219. Before any decision on the merits was rendered, the parties reached an out-of-court settlement and the claimant withdrew its application with the defendant's consent. The Local Chamber Munich permitted the withdrawal, terminated the proceedings, ordered the decision to be entered in the register, and addressed the question of court fee reimbursement.
Amycell LLC v.***
1 The Hague - Local Division UPC_CFI_499/2024 Order of the Court of First Instance of the Unified Patent Court delivered on 01/04/2025 regarding R.320 – re-establishment APPLICANT E - - – (Defendant in the main action, hereinafter: “Defendant”) Represented by Michal
TOTAL SEMICONDUCTOR, LLC v.Respondent
1 Local Division Mannheim UPC_CFI_132/2024 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 01/04/2025 APPLICANT/S TOTAL SEMICONDUCTOR, LLC (Applicant) - 101 E. Park Blvd., Ste 600 - 75074 - Plano, Texas – US Represented by Thomas Lynker
Szymon Spyra v.Respondent
1 The Hague - Local Division UPC_CFI_499/2024 Order of the Court of First Instance of the Unified Patent Court delivered on 01/04/2025 regarding R.320 – re-establishment APPLICANT - – PL (Defendant in the main action, hereinafter: “Defendant”) Represented by Michal
UPC Decision UPC-000833 v.Respondent
NJOY Netherlands B.V. appealed a decision of the Court of First Instance (Paris Central Division) dated 29 November 2024, which had dismissed its revocation action against European Patent No. 2 875 740. After filing the appeal, NJOY informed the court that it would not pay the required appeal fee and no longer wished to pursue the appeal, expressly waiving its right to be heard. The President of the Court of Appeal rejected the appeal as inadmissible by default under Rule 229.4 of the Rules of Procedure.
Bayerische Motoren Werke Aktiengesellschaft v.Respondent
This order concerns an application by Bayerische Motoren Werke Aktiengesellschaft (BMW) seeking rectification of an earlier order dated 9 January 2025, which had dismissed ITCiCo Spain S.L.'s application to set aside a decision by default revoking European patent EP 2 796 333. BMW requested that the earlier order be supplemented to include a provision ordering ITCiCo to bear the costs of the set-aside proceedings. The respondent did not file any written comments despite being invited to do so. The panel addressed the scope of Rule 356 RoP regarding rectification and the nature of cost decisions in the context of internal procedural remedies.
JingAo Solar Co., Ltd. v.Respondent
1. Rule 30 RoP does not restrict the patentee in its request to amend the patent to the requirement that the application and the corresponding auxiliary requests must be directly related to the
Industria Lombarda Materiale Elettrico I.L.M.E. S.p.A., ILME GmbH Elektrotechnische Handelsgesellschaft v.Respondent
This procedural order concerns ILME's request to stay the first-instance proceedings before the Local Division Munich pending the outcome of its appeal against a jurisdictional ruling. The Court of Appeal denied the stay request, finding that considerations of efficiency and the administration of justice favored seeking a prompt decision on the jurisdiction question raised under Rule 19 RoP before the main hearing scheduled for June 17, 2025, rather than suspending the first-instance proceedings.
Hand Held Products, Inc. v.Respondent
The Court of Appeal issued an order concerning a withdrawal request under Rule 265.1 of the Rules of Procedure. Hand Held Products, Inc. had obtained a preliminary injunction from the Local Division Munich against Scandit AG for indirect infringement of claims 1 and 10 of European Patent EP 3 866 051. After Scandit appealed, Hand Held Products requested withdrawal of the provisional measures request, to which Scandit consented. The Court of Appeal allowed the withdrawal and declared the proceedings terminated.
Nichia Corporation v.Respondent
This case concerned an infringement action brought by Nichia Corporation against Endrich Bauelemente Vertriebs GmbH regarding European Patent EP 2 323 178 B1. The parties settled the dispute during the written procedure, and the court confirmed the settlement pursuant to its procedural rules. The court ordered partial reimbursement of 60% of the court fees paid by the plaintiff, amounting to 9,000 EUR, and set the dispute value at 1,000,000 EUR.
PHOENIX CONTACT GmbH & Co. KG v.Respondent
This procedural order concerns an appeal filed by ILME against a decision of the Local Division Munich that rejected ILME's objection under Rule 19 RoP. Phoenix, the respondent, requested a three-week extension to file its response to the appeal brief. The Court of Appeal granted only a three-day extension, finding that a longer extension would contradict the principle of equality of arms and that the competence question raised should be resolved expeditiously given the pending main proceedings.
DISH Technologies L.L.C., Sling TV L.L.C. v.Cloudflare. Inc.
This order concerns a side proceeding in which the plaintiffs (DISH Technologies and Sling TV) sought information from a third party, Cloudflare Inc., under Rule 191 Alt. 2 of the Rules of Procedure in connection with the main infringement proceedings concerning European Patent EP 2 479 680. The rapporteur addressed the plaintiffs' request that he determine that the sought information is not decisive for the decision, combined with a conditional withdrawal of the information request. The court held that such a request for a preliminary determination is inadmissible, but that the conditional withdrawal is to be interpreted as making the information request itself conditional on the information being decisive, and that such an internal procedural condition is permissible even when the information is sought from a non-party.
AMPERSAND Partnerschaft von Rechtsanwälten mbB v.Respondent
This order concerns an application under Rule 262 of the Rules of Procedure by the law firm AMPERSAND Partnerschaft von Rechtsanwälten mbB seeking access to all written submissions and evidence filed in a completed patent infringement case between Panasonic Holdings Corporation and OPPO/OROPE concerning EP 2 568 724. The applicant cited a general information interest and a specific scientific interest, as one of its lawyers was working on a commentary on the Unitary Patent system. Panasonic opposed the request as too indefinite and disproportionate, while the defendants did not file observations. The court began its reasoning by applying the guidelines developed by the Court of Appeal in UPC_CoA_404/2023, weighing the effort required for access against the applicant's interests in this particularly complex and voluminous case.
OTEC Präzisionsfinish GmbH v.STEROS GPA INNOVATIVE S.L.
The Local Chamber Düsseldorf issued an order on March 26, 2025, in proceedings concerning European Patent EP 2 983 864 B1, relating to a method and device for surface treatment of workpieces. The applicant, OTEC Präzisionsfinish GmbH, sole proprietor of the patent, had filed an application on March 25, 2025, seeking an order for inspection and evidence preservation at the trade fair stands of the respondents at the Cologne trade fair (Köln Messe). The respondents include STEROS GPA INNOVATIVE S.L., a manufacturer of machines for drag finishing and electropolishing, and a second respondent described as a specialist dealer and customer of the first respondent.
STÄUBLI TEC-SYSTEMS GMBH v.Respondents
This appeal concerned the allocation of costs in a revocation action before the Unified Patent Court after the former patent proprietors waived the patent in suit (EP 3 170 639). Stäubli Tec-Systems GmbH had filed a revocation action against the patent proprietors, who subsequently waived the patent. The Court of Appeal addressed whether an exception to the general 'loser pays' rule under Article 69(1) EPGÜ applies when a patent proprietor waives the patent at the outset of revocation proceedings without having provoked the action.
Dealing with a patent challenge?
Whether it's a Section 3(d) rejection, a post-grant opposition, or a FRAND dispute, Arctic's patent litigation team has handled it. Get a strategy call.