technology — European UPC Patent Cases
1,511 decisions indexed
Page 16 of 51 · 1,511 total
Memodo GmbH, Coenergia Srl a Socio Unico, PowerDeal SRL, VDH Solar Groothandel B.V., Libra Energy B.V. v.Respondent
Defendants 3 and 5 to 8 in a patent infringement action concerning EP 3 065 184 B1 requested security for legal costs under Rule 158 RoP against the Claimant, Maxeon Solar Pte. Ltd. The Düsseldorf Local Division granted the request, ordering the Claimant to provide EUR 100,000 in security within six weeks, finding that the Claimant's financial difficulties justified the security and that the defendants' share of the amount in dispute was irrelevant when determining the cost ceiling.
Discord Netherlands B.V., Discord Inc. v.Respondent
The Mannheim Local Division dismissed an application by Discord Inc. and Discord Netherlands B.V. seeking to bar Malikie Innovations Ltd.'s infringement action concerning EP 3 716 655 in relation to Germany. Discord argued that Malikie, lacking a residence or establishment in Germany, had failed to appoint a domestic representative under Sec. 25(1) of the German Patent Act (GPA), rendering the infringement action manifestly bound to fail for Germany under Rules 361 and 362 RoP. The court held that Sec. 25(1) GPA is a German national procedural provision inapplicable to UPC proceedings, and that even if it were applicable, the alleged defect would be remediable rather than irremediable.
Syngenta Limited v.Respondent
This order was issued by the Local Division Munich of the Court of First Instance concerning European patent No. 2 152 073. All parties jointly requested a stay of proceedings in respect of the infringement claim and the counterclaim for revocation. The presiding judge granted the stay pursuant to Rule 295(d) of the Rules of Procedure, with the stay not to be lifted before 30 September 2025, and cancelled the scheduled interim conference and oral hearing dates.
Oerlikon Textile GmbH & CO KG v.Respondent
DIVISIONE LOCALE DI MILANO UPC_CFI_761/2024 ACT 63992/2024 ACT .24515/2025 Ordinanza Del Tribunale unificato dei Brevetti di primo grado adottata in data 29.7. 2025 KEYWORDS Rule 150 – Separato procedimento per i costi della decisione ROP; Rule 353 – Rettifica delle decisioni e d
TELEFONAKTIEBOLAGET LM ERICSSON v.Digital River Ireland Ltd., ASUSTek Computer Inc.
This procedural order was issued by the Local Division Lisbon in a patent infringement action concerning European Patent No. EP 2 819 131 B1, brought by Telefonaktiebolaget LM Ericsson against ASUSTek Computer Inc. Following a prior order dated 14 July 2025, both parties reached agreement on the appointment of a Technically Qualified Judge and on hearing the infringement action and counterclaim for revocation together. The Court accepted the parties' joint proposal to reschedule the Oral Hearing to 25 March 2026 and issued orders regarding the allocation of a Technically Qualified Judge, the interim conference, and the Oral Hearing.
*** v.Essetre Holding spa
A revocation action was filed against Essetre Holding s.p.a. concerning European Patent No. EP 2 875 923 B1, which relates to a machine for machining walls, particularly walls made of wood or multilayer walls. The claimant argued that the subject-matter of claim 1 lacked novelty over a German patent document (DE 34 12 441 C2) and a YouTube video, and lacked inventive step over the prior art in combination with common general knowledge or additional cited references. The Court addressed the interpretation of the term 'a working surface' in the independent claim, affirming that it should be interpreted as meaning 'one working surface' based on its ordinary meaning and the context of the patent's description and drawings.
Roborock Germany GmbH v.Respondent
This procedural order concerns a request by the defendants for an extension of time limits in a patent infringement action involving European Patent No. 3 030 943. The defendants sought to extend the deadline for filing their opposition under Rule 19 of the Rules of Procedure to August 26, 2025, and the deadlines for the statement of defense under Rule 23 and the counterclaim for revocation under Rule 25 to October 27, 2025. The plaintiff consented to the extensions, and the presiding judge granted the request.
DDP Specialty Electronic Materials US, LLC. v.Respondent
This case concerned an application for provisional measures filed by DDP Specialty Electronic Materials US, LLC. against Greenchemicals S.R.L. before the Düsseldorf Local Division of the Unified Patent Court in relation to European Patent EP 1 957 544 B1. The applicant withdrew its application for preliminary measures with the defendant's consent, and the court permitted the withdrawal, closed the proceedings, cancelled the scheduled oral hearing, and ordered reimbursement of 60% of the court fees paid by the applicant.
Seoul Viosys Co., Ltd. v.Photon Wave Co., Ltd.
This case concerns an application for a cost decision following a preliminary objection in revocation proceedings related to European Patent EP 2661892. Seoul Viosys had successfully filed a preliminary objection requesting the transfer of Photon Wave's revocation action from the Paris Central Division to the Paris Local Division, with Photon Wave ordered to bear 80% of Seoul Viosys's legal costs. The court addressed the admissibility of a separate cost decision under Rule 150 RoP when a division declines jurisdiction and refers the case to another division, holding that such an application is admissible but subject to a significantly lower cost ceiling than full proceedings.
Centripetal Limited v.Palo Alto Networks, Inc.
1 Local Division Mannheim UPC_CFI_636/2025 Procedural Order of the Court of First Instance of the Unified Patent Court issued on 25 July 2025 App_32933/2025 Applicant Centripetal Limited Galway Technology Centre, Mervue Business Park, 7XPF+6C Galway, Ireland represented by: Dr
OrthoApnea S.L., Vivisol B BV v.***
This decision by the Local Division Brussels addresses a costs procedure under Rule 156 RoP concerning the recovery of representation costs. The court clarified the burden of proof regarding claimed costs, the timing for requests to adjust the recoverable costs ceiling, and the scope of recoverable representation costs. The ruling establishes that claimants bear the burden of proving their claimed costs and must submit supporting evidence, while the court retains discretion to apply the cost ceiling as a safety net based on equity considerations.
TRUMPF Laser- und Systemtechnik SE v.IPG Laser GmbH & Co. KG
This is a procedural order issued by the Local Chamber Düsseldorf concerning European Patent EP 2 624 031 B1. The court decided, under Article 33(3)(a) EPGÜ in conjunction with Rule 37.2 of the Rules of Procedure, to hear both the infringement action brought by TRUMPF Laser- und Systemtechnik SE and the counterclaim for revocation filed by IPG Laser GmbH & Co. KG jointly. The decision was made before the close of the written proceedings for reasons of procedural economy and to allow early assignment of a technically qualified judge to the panel.
Applicant *** v.Respondent
The President of the Court of Appeal dismissed the applicant's petition for review of a Registrar's decision rejecting his application for registration on the list of representatives before the Unified Patent Court. The applicant had filed his application on 27 March 2025, well after the one-year transitional period under Rule 12.1(a) of the EPLC Rules expired on 1 June 2024. The Court held that the transitional period is, as a rule, not subject to extension or exception, and that a clerical error by the applicant's paralegal department did not justify reinstating his right to registration.
Hanshow Germany GmbH v.Respondent
1 Décision de la Cour d’appel de la Juridiction unifiée du brevet concernant une demande de retrait (R. 265 RdP) et une demande de remboursement des frais de procédure (R. 370.9 RdP) rendue le 24 juillet 2025 APPELANTE (DEMANDERESSE DANS LA PROCEDURE DEVANT LE TRIBUNAL DE PREMIERE I
Cilag GmbH International, Ethicon LLC v.Respondent
This is a procedural order concerning the arrangement of private interpreters at an upcoming oral hearing in a patent infringement dispute involving European Patent No. 2 515 768. The claimants, Cilag GmbH International and Ethicon LLC, requested permission to bring two private interpreters at their own cost to the oral hearing scheduled for August 6, 2025. The presiding judge ruled that the interpreters could participate from the Overflow Room 220b rather than the main courtroom 212, which lacks interpreter booths, and rejected the remainder of the request.
Applicant *** v.Respondent
The President of the Court of Appeal dismissed a petition for review challenging the Registrar's refusal to enter the applicant on the list of representatives before the Unified Patent Court. The applicant had submitted a CEIPI certificate dated 8 July 2022, which predated the Administrative Committee's November 2023 accreditation decision under Rule 1 of the EPLC Rules. The Court held that there is no de facto continuity between an accredited course under Rule 1 and a course referenced in Rule 12.1 of the EPLC Rules, and therefore the applicant did not possess a valid certificate at the time of filing.
ZTE Corporation v.Samsung Electronics Italia S.p.A, Samsung Electronics France, Samsung Electronics GmbH, Samsung Electronics Co., Ltd., Samsung Electronics Benelux B.V., Samsung Electronics Romania S.R.L.
This order from the Mannheim Local Division of the Unified Patent Court, issued on 24 July 2025, concerns the value in dispute in a patent infringement action with a FRAND counterclaim relating to European patent EP 3 905 730. The court confirmed its earlier order of 20 June 2025, holding that a FRAND counterclaim is not merely a defence to the infringement action but expands the subject-matter and value in dispute of the proceedings. The court rejected the Defendants' arguments that the FRAND counterclaim should be treated like a counterclaim for revocation for fee purposes or that it should be exempt from court fees.
Applicant *** v.Respondent
The President of the Court of Appeal reviewed a petition challenging the Registrar's refusal to register the applicant on the list of representatives before the Unified Patent Court. The Registrar had rejected the application because it was filed on 18 April 2025, outside the one-year transitional period from the entry into force of the UPC Agreement on 1 June 2023, as required by Rule 12.1(a) of the EPLC Rules. The applicant argued that Rule 12.1 only defines when a qualification is deemed appropriate and does not impose a filing deadline. The President upheld the Registrar's decision, confirming that the transitional period under Rule 12.1(a) of the EPLC Rules is, as a rule, not subject to extension or exception.
HEWLETT-PACKARD DEVELOPMENT COMPANY, L.P v.Respondent
1 DECISION de la Cour d’appel de la Juridiction unifiée du brevet concernant une demande de retrait (R. 265 RdP) et une demande de remboursement des frais de procédure (R. 370.9 RdP) rendue le 24 juillet 2025 APPELANTE DANS LA PROCEDURE D’APPEL APL_2052/2025 ET INTIMEE DANS LA PROCEDU
Truma Gerätetechnik GmbH & Co. KG v.Respondent
This case concerned European Patent EP 1 788 320 B1, in which the plaintiff Truma Gerätetechnik GmbH & Co. KG filed a patent infringement action against CAN Srl Airxcel Europe, and the defendant filed a counterclaim for revocation. Before the written proceedings were concluded, both parties filed requests on July 14, 2025 to withdraw their respective claims following an out-of-court settlement. The court allowed the withdrawal of both the infringement action and the counterclaim, declared the proceedings terminated, and ordered the partial reimbursement of unused court fees to the plaintiff.
Applicant *** v.Respondent
The President of the Court of Appeal dismissed a petition for review challenging the Registrar's refusal to register the applicant on the list of representatives before the Unified Patent Court. The applicant had submitted his application on 21 February 2025, after the one-year transitional period under Rule 12.1 of the EPLC Rules had expired on 1 June 2024. The Court held that the one-year transitional period does not violate the principles of equality and proportionality, and that the applicant's health-related personal circumstances did not justify the delayed submission.
OTEC Präzisionsfinish GmbH v.Respondent
Procedural order from the Court of Appeal of the Unified Patent Court concerning an application by OTEC Präzisionsfinish GmbH for further exchange of written pleadings under R. 36 RoP. The Court granted OTEC two weeks to file further written pleadings in response to new experimental evidence and arguments introduced by STEROS GPA Innovative S.L. for the first time in its Statement of Response regarding an alleged embodiment of the patent EP 4 249 647.
QIAGEN Sciences, LLC v.Respondent
This is a procedural order from the Düsseldorf Local Division concerning European patent EP 2 726 883, in which the Claimant QIAGEN Sciences, LLC sought an extension of time to file its Reply to the Statement of defence and Defence to the Counterclaim for revocation. The Defendants had filed a confidentiality application alongside their defence, delaying the Claimant's access to unredacted documents. The court granted the extension, with the Defendants' consent, extending the deadlines to 15 September 2025.
Visibly Inc. v.Respondent
Visibly Inc. appealed an order of the Hamburg Local Division concerning security for legal costs in its patent infringement action against Easee. After the proceedings were stayed due to insolvency proceedings against the Easee companies, Visibly applied to withdraw the appeal citing an out-of-court settlement, to which Easee consented. The Court of Appeal permitted the withdrawal, declared the proceedings closed, and ordered reimbursement of 60% of the appeal court fees to Visibly.
Fujifilm Corporation v.Respondent
This enforcement proceeding arose from a decision of 2 April 2025 in UPC_CFI_365/2023 concerning European patent EP 3 511 174, in which FUJIFILM sought to enforce operative parts requiring the Kodak defendants to provide information, destroy infringing embodiments, recall products, and remove them from channels of commerce. The Mannheim Local Division found that the defendants had failed to comply with these obligations despite proper notification and service, rejecting the defendants' arguments regarding lack of warning and insufficient translations. The court imposed a three-pronged penalty regime including a lump-sum payment of €100,000, daily penalties of €2,500 until 4 August 2025, and escalated penalties of €10,000 per day thereafter.
EOFLOW Co., Ltd. v.Insulet Corporation
- Rule 355.2 RoP requires that, before issuing a decision by default against a defendant based on a procedural violation or failure to defend, the Court must verify that the case file contains sufficient, precise and consistent evidence to enable the judgment to be issued. A decision by default cannot be issued against the defendant based solely on a procedural violation or failure to defend. - A patent has its own lexicon. However, patent terms should be interpreted following a straightfo
ALD Vacuum Technologies GmbH v.Respondent
This case concerns an application by ALD Vacuum Technologies GmbH for revocation of an evidence preservation and inspection order under Rule 198.1 of the EPG Rules of Procedure. The Local Chamber Munich addressed whether the rapporteur could retroactively change the starting date of the deadline for initiating main proceedings, given that the court-appointed expert had delivered the inspection report later than originally anticipated. The court held that while the length of the deadline is fixed, the starting date is within the court's discretion and may be modified, particularly when the expert submits the report late.
Insulet Corporation v.EOFLOW Co., Ltd.
- Rule 355.2 RoP requires that, before issuing a decision by default against a defendant based on a procedural violation or failure to defend, the Court must verify that the case file contains sufficient, precise and consistent evidence to enable the judgment to be issued. A decision by default cannot be issued against the defendant based solely on a procedural violation or failure to defend. - A patent has its own lexicon. However, patent terms should be interpreted following a straightfo
Koninklijke Philips N.V. v.Belkin Limited, Belkin GmbH, Belkin International, Inc.,
This decision concerns the withdrawal of a cost assessment application filed by Koninklijke Philips N.V. before the Court of Appeal. Philips had filed the application by mistake, as cost assessment applications fall under the jurisdiction of the Court of First Instance (Local Chamber Munich). The Court of Appeal allowed the withdrawal under Rule 265(1) of the Rules of Procedure without requiring a hearing of Belkin, declared the proceedings terminated, and ordered no separate cost decision.
TIRU v.Respondent
1 Division Locale de Paris UPC_CFI_132/2025 Ordonnance de procédure du Tribunal de première instance de la Juridiction unifiée du brevet, rendue le 22/07/2025 REQUERANT (Demandeur à la procédure au principal) TIRU 7, rue du Dr Lancereaux 75008 Paris Représenté par Cyrille AMAR, cabinet Amar Goussu
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