technology — European UPC Patent Cases
1,511 decisions indexed
Page 19 of 51 · 1,511 total
BAUSSMANN Collated Fasteners GmbH v.Raimund Beck Nageltechnik GmbH
This is a procedural order in a nullity action concerning European Patent EP 4 019 790, filed by BAUSSMANN Collated Fasteners GmbH against Raimund Beck Nageltechnik GmbH. The plaintiff seeks revocation of claims 1-4 and 7-13, arguing lack of novelty and inventive step, while the defendant defends the patent as granted and through eleven auxiliary requests. The court scheduled an interim hearing for July 11, 2025, to address the determination of the value of the dispute, settlement possibilities, procedural questions regarding patent amendments, and clarification of the parties' requests.
Palo Alto Networks, Inc. v.Respondent
Procedural order from the Mannheim Local Division concerning a request by Palo Alto Networks, Inc. (Defendant) to extend the time period for filing its rejoinder in infringement proceedings, reply to the defence to the counterclaim for revocation, and defence against the application to amend European patent EP 3 652 914. The court granted a two-week extension until 14 July 2025, citing the outbreak of hostilities affecting the Defendant's key technical employee based in Israel, but shortened the extension to 9 July 2025 in the event the Defendant files an application for access restrictions under R. 262A RoP.
Zentiva, k.s., Zentiva France, Zentiva Pharma GmbH v.Respondent
This is a procedural order from the Local Division Munich of the Unified Patent Court concerning European patent EP 2 493 466. The defendants (Zentiva entities) filed an application under Rule 333 RoP seeking review of a procedural order dated 8 May 2025 regarding case management. The panel confirmed the original order with a minor correction (a typo in the rule citation) and dismissed all of Zentiva's requests.
Solectric GmbH, DJI Europe B.V., DJI GmbH v.Respondent
This order concerns a request by Defendants DJI Europe B.V., DJI GmbH, and Solectric GmbH to extend and harmonize the time periods for filing their Statements of Defence in a patent infringement action brought by Irdeto B.V. concerning EP 2 831 787. The Mannheim Local Division granted a partial extension, extending the deadlines for Defendants 3 and 4 until 14 August 2025 to achieve harmonization, but dismissed the request for a longer extension to 15 September 2025, finding the defendants had not sufficiently demonstrated the need for additional time.
Easee B.V., Yves Prevoo, Easee Holding B.V. v.Respondent
This order from the Hamburg Local Division of the Court of First Instance concerns an application by the Defendants to stay proceedings following the insolvency of two of the three Defendants. Easee B.V. and Easee Holding B.V. were declared bankrupt by the Amsterdam District Court on 27 and 30 May 2025 respectively. The Court granted the stay of proceedings in their entirety for a period of three months under Rule 311.1 RoP, holding that the insolvency of a party does not lead to an automatic stay but that the Court shall stay proceedings upon such declaration.
Easee B.V., ***, Easee Holding B.V. v.Visibly Inc.
The Court of Appeal of the Unified Patent Court granted suspensive effect to Easee's appeal against a Hamburg Local Division order requiring Easee to provide EUR 75,000 in security for costs related to a revocation counterclaim in a patent infringement action brought by Visibly Inc. concerning EP 3 918 974. The court found that the first instance order contained a manifest legal error, consistent with its prior ruling in AorticLab vs. Emboline, which established that Article 69(4) UPCA does not provide a legal basis for ordering security for costs at the request of a claimant in an infringement action, nor in response to a counterclaim for revocation. The managing director's application was granted outright, while the Easee companies' application was granted provisionally pending resolution of a competence issue regarding their legal representation following their insolvency.
Ballinno B.V. v.Kinexon GmbH, Kinexon Sports & Media GmbH, Union des Associations Européennes de Football (UEFA)
This appeal concerned an order for security for costs and the disposal of an action that had become devoid of purpose. Ballinno B.V., the proprietor of European patent EP 1 944 067 relating to a method and system for detecting an offside situation, had applied for provisional measures against the Kinexon companies and UEFA before the Hamburg Local Division. After withdrawing its requests for provisional measures on appeal, the Court of Appeal held that the action had become devoid of purpose and disposed of it pursuant to R. 360 RoP, treating Ballinno as the unsuccessful party at both instances.
UPC Decision UPC-000601 v.Respondent
Before issuing a decision by default when the defendant did not even enter proceedings, factors other than the lack of opposition must be considered. Rule 355.2 RoP has a broader scope than Rule 171.2 RoP and must be interpreted in light of the front-loaded nature of UPC proceedings. This implies that, in a decision by default the Court is required to verify whether the claimant has put forward all elements in its possession to justify the legal relief sought. The
Shanghai International Holding Corporation GmbH (Europe) v.Aesculap AG
This is a procedural order issued by the Local Chamber Düsseldorf in proceedings concerning European Patent EP 2 892 442 B1, relating to a cutting tool of a surgical torque-transmitting instrument. The presiding judge, acting as rapporteur, set out the intended feature breakdown (Merkmalsgliederung) of patent claim 1 to be used as the basis for the oral hearing scheduled for July 1, 2025. The order also referenced a Court of Appeal decision from April 30, 2025 (Insulet v. EOFlow) regarding the scope of information sought by the applicant.
Sumi Agro Europe Limited, Sumi Agro Limited v.Syngenta Limited
The Court of Appeal of the Unified Patent Court dismissed an appeal by Sumi Agro seeking revocation of provisional measures against it. The court held that court fees are considered paid on time if a transfer order is given to a bank at the time of lodging the relevant pleading, provided the payment is subsequently received in the Court's bank account. Applying this interpretation, the court found that Syngenta had timely started proceedings on the merits.
Plant-e Knowledge B.V. v.Respondent
This case concerns an appeal before the Court of Appeal of the Unified Patent Court regarding European Patent EP 2 137 782. Plant-e had initiated infringement proceedings against Arkyne before The Hague Local Division, and Arkyne had filed a counterclaim for revocation. After the Local Division found infringement and rejected the revocation counterclaim, Arkyne appealed. The parties subsequently reached a settlement and jointly requested the Court of Appeal to confirm the settlement, keep its contents confidential, and Arkyne additionally sought reimbursement of 60% of the Court fees.
AorticLab srl v.Emboline, Inc.
The Court of Appeal of the Unified Patent Court set aside an order of the Munich Local Division that had required AorticLab to provide security for costs of €200,000 in an infringement action brought by Emboline concerning EP 2 129 425. The Court held that Article 69(4) UPCA deliberately restricts the right to request security for costs to defendants, and that this rationale does not extend to a claimant in an infringement action seeking security against a defendant who has filed a counterclaim for revocation.
ZTE Corporation v.Samsung Electronics GmbH, Samsung Electronics Romania S.R.L., Samsung Electronics Co., Ltd., Samsung Electronics Benelux B.V., Samsung Electronics Italia S.p.A, Samsung Electronics France
This order from the Mannheim Local Division concerns the value in dispute in a patent infringement action with a FRAND counterclaim involving EP 3 905 730. Samsung Electronics Co., Ltd. (Defendant 1 and FRAND Counter-Claimant) had stated the value in dispute of its FRAND counterclaim at 4 Mio €, but the court found this largely underestimated since a FRAND license does not relate solely to the patent-in-suit. The court set the value of the overall proceedings on a preliminary basis and ordered Samsung to pay an additional advance on fees, while allowing the parties to comment on the value in dispute until 21 July 2025.
Telefonaktiebolaget LM Ericsson v.Respondent
This case concerns Ericsson's application for panel review of a decision by the Judge Rapporteur rejecting its request for an 'external eyes only' confidentiality regime to protect sensitive licensing information submitted in connection with a patent infringement action involving EP 2727242. The Milan Local Division Panel dismissed the application, finding that Ericsson failed to provide concrete factual evidence demonstrating an actual risk of antitrust violations from disclosure to a single Asustek employee. However, the Panel granted Ericsson leave to appeal in order to allow the Court of Appeal to set a standard on this issue.
Motorola Mobility LLC, Motorola Mobility Germany GmbH, Motorola Mobility International Sales LLC, Digital River Ireland, Ltd. v.Headwater Research LLC
This decision by the Local Chamber Munich of the Court of First Instance concerns an infringement action brought by Headwater Research LLC against several Motorola entities and Flextronics International Europe B.V. regarding European Patent EP 3 110 069. The ruling addresses procedural objections raised under Rule 19.1 of the Rules of Procedure, clarifying that a plaintiff may rely on additional jurisdictional bases beyond those initially cited in the statement of claim or in response to an objection. The Court further clarified the scope of Art. 33(1)(b) sentence 2 of the EPG Agreement, holding that it does not refer to Art. 33(1)(a) and does not impose special requirements for unified actions against multiple defendants who have all committed infringing acts or are domiciled in the relevant contracting member state.
Alexion Pharmaceuticals, Inc. v.Respondent
Alexion Pharmaceuticals, proprietor of European Patent 3 167 888 concerning treatment of paroxysmal nocturnal hemoglobinuria, applied for a rehearing of the Court of Appeal's order dismissing its appeal against the Hamburg Local Division's refusal of provisional measures against Samsung Bioepis. Alexion alleged fundamental procedural defects, claiming the Court of Appeal applied a new claim interpretation standard without giving it an opportunity to be heard and based its decision on incorrect facts. The Court of Appeal rejected the application as not allowable, holding that a rehearing is an extraordinary remedy requiring a defect so fundamental that the same decision could not have been reached without it, and that mere disagreement with the court's reasoning does not constitute such a defect.
GISELA MAYER GmbH v.Respondent
1 Division Locale de Paris UPC_CFI_363/2024 Ordonnance de procédure du Tribunal de première instance de la Juridiction unifiée du brevet, rendue le 19/06/2025 REQUERANT – DEFENDEUR AU PRINCIPAL GISELA MAYER GmbH Litzelsdorfer Straße 3 87700 Memmingen DE Représenté par Frédéric PORTAL REPONDANT – DEM
The Walt Disney Company (Benelux) B.V. v.Respondent
This case concerns a procedural application filed by The Walt Disney Company (Benelux) B.V. requesting a change of the language of proceedings from German to English in an infringement action brought by InterDigital CE Patent Holdings, SAS based on European patent EP2080349. The President of the Court of First Instance addressed the admissibility of the application under Rule 323 RoP and Article 49(5) UPCA. The ruling established that the position of all parties potentially affected by a requested language change must be heard before any decision is rendered under Rule 323 RoP.
F. Hoffman-La Roche AG, Roche Diabetes Care GmbH v.Rubin Medical ApS, c/o Diatom A/S
This procedural order was issued by the Local Chamber Düsseldorf in a patent infringement action concerning European Patent EP 1 970 677 B1. The plaintiffs, F. Hoffmann-La Roche AG and Roche Diabetes Care GmbH, brought the action against multiple defendants including Tandem Diabetes Care entities and various healthcare distributors. The order addresses Defendant 6 (Rubin Medical ApS)'s application for the protection of trade secrets and other confidential information under Rule 262A of the Rules of Procedure, which the court found to be admissible and substantively successful.
ILME GmbH Elektrotechnische Handelsgesellschaft, Industria Lombarda Materiale Elettrico I.L.M.E. S.p.A. v.Respondent
This procedural order concerns an appeal filed by ILME against a decision of the Local Division Munich that had rejected ILME's objection under R. 19.1(a) RoP in a patent infringement action concerning EP 3 602 692. Following an out-of-court settlement between the parties, the Local Division Munich allowed the withdrawal of the main infringement action on June 5, 2025. The Court of Appeal dismissed the appeal as moot under R. 360 RoP, finding that ILME no longer had any legal interest in a decision on the appeal.
Knaus Tabbert AG v.Respondent
This order from the Court of Appeal, dated June 17, 2025, addresses an objection (Gegenvorstellung) filed by Knaus Tabbert AG against the rejection of its request for suspensive effect under Rule 223 of the Rules of Procedure. The underlying dispute concerns alleged infringement of European Patent EP 3 356 109, which relates to a frame for a vehicle with at least one structural part made of foam resin. The Court of Appeal held that an objection that merely challenges the reasoning expressed in the rejecting order, without raising new substantive grounds, is inadmissible.
Progress Maschinen & Automation AG v.SCHNELL S.p.A., AWM s.r.l.
This is a procedural order issued by the judge-rapporteur of the Milan Local Division following an online interim conference held on 5 June 2025 in proceedings between Progress Maschinen & Automation AG (claimant) and AWM s.r.l. and Schnell S.p.A. (defendants). The order addresses several procedural matters, including the admissibility of a new version of auxiliary request AR4, which was referred to the Panel for assessment at the oral hearing. The parties were also granted a fifteen-day period to negotiate the value of the infringement action, the value of the counterclaim for revocation, and the amount of recoverable costs.
10x Genomics, Inc. v.Curio Bioscience, Inc
10x Genomics, Inc. sued Curio Bioscience Inc. for infringement of European Patent EP 2 697 391 B1, which relates to methods and products for localised or spatial detection of nucleic acids in tissue samples. The dispute concerned Curio's 'Curio Seeker Spatial Mapping KIT,' a slide-based product with spatially indexed beads used for spatial transcriptomics. The Düsseldorf Local Division found partial infringement, issuing injunctive relief, ordering information/accounting, and awarding damages, with costs split 30% to the Claimant and 70% to the Defendant.
Steros GPA Innovative S.L. v.OTEC Präzisionsfinish GmbH
The Local Division Hamburg of the Unified Patent Court granted a preliminary injunction in favor of Steros GPA Innovative S.L., the exclusive licensee of European Patent EP 4 249 647 B1, against OTEC Präzisionsfinish GmbH for infringement relating to an electrolytic medium used in electropolishing. The court found that the defendant's attacked embodiment (EF 16-11 electrolyte medium) infringed claim 1 of the patent-in-suit, that the patent was likely valid on the balance of probabilities, and that the weighing of interests favored the applicant. The defendant was ordered to cease and desist from the infringing activities across multiple UPC member states, subject to a recurring penalty of up to EUR 250,000 per violation.
Esko-Graphics Imaging GmbH v.Respondent
This procedural order concerns a joint request by the parties to stay infringement and revocation proceedings relating to European Patent EP 3 742 231 in order to facilitate settlement negotiations without the pressure of ongoing litigation. The court granted the stay pursuant to Rule 295(d) RoP until three months after the next oral proceedings of the EPO Board of Appeal in the parallel opposition appeal (T0187/24.-3.4.03), and cancelled the previously scheduled oral hearing of 7 October 2025.
Headwater Research LLC v.Samsung Electronics GmbH a.o.
The Düsseldorf Local Division dismissed the Defendants' application under Rule 158 RoP for security for costs in patent infringement proceedings concerning EP 3 110 069 B1. The Court held that the Defendants failed to provide sufficient evidence regarding the applicable foreign law and its application to demonstrate that enforcement of a potential cost order against the US-based Claimant would be unduly burdensome, and also failed to establish any tangible risk of insolvency.
Corning Incorporated v.Respondent
This is a revocation action before the Central Division (Section Munich) of the Unified Patent Court concerning European Patent No. 3 296 274. The Claimant (TCL Europe SAS) sought to introduce new added matter arguments and a Swedish Consulting Report into the proceedings, while the Defendant (Corning Incorporated) requested a four-week extension to file its Defence to Revocation. Following a video conference with the parties, the Court accepted their agreement to admit the new pleadings and extend the deadline by two weeks.
ModernaTX, Inc., Moderna Norway AS, Moderna Belgium S.R.L., Moderna Italy S.R.L., Moderna France SASU, Moderna Biotech UK Limited, Moderna Switzerland GmbH, Moderna Poland SP. Z.O.O., Moderna Portugal Unipessoal LDA, Moderna Sweden AB, Moderna, Inc., v.Respondent
1 The Hague - Local Division UPC_CFI_191/2025 and 192/2025 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 12/06/2025 APPLICANT/S – DEFENDANTS IN THE MAIN PROCEEDINGSIN THE MAIN PROCEEDINGS 1) Moderna, Inc. (Applicant) - 325 Binney Street - M
Canon Kabushiki Kaisha v.General Plastic Industrial Co., Ltd., Katun Germany GmbH, Katun Corporation, Katun (E.D.C.) B.V.
Procedural order issued by the Düsseldorf Local Division concerning European Patent EP 3 686 683 B1, addressing the question of bifurcation under Article 33(3) UPCA. The court decided to hear both the patent infringement action and the counterclaim for revocation jointly, with the consent of all parties, for reasons of efficiency and to ensure a uniform interpretation of the patent.
Aesculap AG v.Shanghai International Holding Corporation GmbH (Europe)
This is a procedural order issued by the Local Chamber Düsseldorf concerning European Patent EP 2 892 442 B1. The respondent requested simultaneous interpretation of the oral hearing from German into English and permission to attend the hearing via video conference. The applicant opposed the interpretation request but did not object to the respondent arranging an interpreter at their own cost, and consented to video conference participation by the respondent's representatives.
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