technology — European UPC Patent Cases
1,511 decisions indexed
Page 7 of 51 · 1,511 total
GlaxoSmithKline Biologicals SA v.Moderna et al.
This procedural order concerns an infringement action brought by GlaxoSmithKline Biologicals SA against fifteen Moderna entities regarding European patents EP4066856 and EP4226941. The Defendants filed a statement of defence and a counterclaim for revocation covering both patents. The Court exercised its discretionary power under Rule 302.1 of the Rules of Procedure to order the Defendants to split the counterclaim for revocation into two separate actions, one for each patent, due to the different stages of pending EPO opposition proceedings and the capped court fee structure for revocation counterclaims.
Yealink (Xiamen) Network Technology Co. Ltd. and Yealink (Europe) Network Technology B.V. v.Barco N.V.
This Order of the Court of Appeal addresses an appeal and cross-appeal concerning an application for provisional measures under Rule 206 RoP. The Court of Appeal clarified several procedural and substantive issues, including the applicability of Rule 19.5 RoP to provisional measures proceedings, the referral mechanism between divisions based on competence challenges, the interpretation of competence rules under Article 33 UPCA, and the principles governing interim awards of costs. The Court held that there is no hierarchy between the competence grounds in Article 33(1)(a) and 33(1)(b) UPCA, and that competence should be assessed through a cursory review of the parties' allegations and evidence rather than a comprehensive evaluation.
JingAo Solar Co., Ltd. v.Chint New Energy Technology Co. a.o.
JingAo Solar Co., Ltd., the registered proprietor of European patent EP 2 787 541 (relating to solar cells), sued Chint New Energy Technology Co. and its Astronergy affiliates for allegedly infringing the patent through their 'ASTRO N' series n-type TOPCon solar modules sold in Germany, France, Italy, and the Netherlands. The defendants counterclaimed for revocation and raised defenses including lack of standing, incomplete infringement allegations, validity challenges, and antitrust violations. The Local Division Munich found infringement, dismissed the counterclaim for revocation in its entirety, and granted injunctive relief, information orders, recall and destruction orders, damages, and an interim award of costs against the defendants.
Vivo Mobile Communication Co, Ltd, Vivo Tech GmbH, Vivo Mobile Communication Iberia SL v.Sun Patent Trust
The Court of Appeal of the Unified Patent Court rejected Vivo's request for a stay of first instance proceedings pending its appeal against orders of the Paris Local Division that had dismissed Vivo's preliminary objections. The preliminary objections challenged the UPC's jurisdiction to determine FRAND license terms. The Court held that the unprecedented nature of the jurisdictional question and the costs of preparing a defence did not constitute exceptional circumstances justifying a stay, and that Vivo's interest in avoiding costs did not outweigh Sun Patent Trust's interest in obtaining a decision without unnecessary delay.
Pari Pharma GmbH v.Koninklijke Philips N.V.
Pari Pharma GmbH filed a revocation action against Koninklijke Philips N.V. concerning European Patent No. EP3397329, titled 'Air-flow in a nebulizer head.' The patent, which relates to a nebulizer head and nebulizer system for providing a substance in aerosolized form, is registered with unitary effect and in force in Germany, France, and the UK. The defendant filed an application to amend the patent during the proceedings. The Court of First Instance of the Central Division (Milan) addressed issues including standing to sue under Art. 47(6) UPCA and the interpretation of schematic figures by the skilled person.
KEEEX SAS v.ADOBE SYSTEMS SOFTWARE IRELAND LIMITED, ADOBE INC., OPEN AI L.P, OPEN AI OPCO LLC, OPEN AI IRELAND LTD, TRUEPIC INC., JOINT DEVELOPMENT FOUNDATION PROJECTS LLC, COALITION FOR CONTENT PROVENANCE AND AUTHENTICITY (C2PA)
1 Division Locale de Paris UPC_CFI_530/2025 Ordonnance du Tribunal de première instance de la Juridiction unifiée du brevet, rendue le 27/11/2025 concernant R.19 et R.334 (g) RdP DEMANDEUR KEEEX SAS (Parties à la procédure au principal - Demandeur) - 5 rue de Lissandre - 13013 - MARSEILLE - FR Repré
Chainzone Technology (Foshan) Co., Ltd. v.SWARCO Futurit Verkehrssignalsysteme GmbH
The Court of Appeal addressed whether to admit the withdrawal of an appeal by the defendant-appellant Strabag following an out-of-court settlement with the plaintiff Swarco, and whether the separate appeal filed by the intervener Chainzone (which supported Strabag) became moot as a result. The Court held that the withdrawal of Strabag's appeal was admissible and that Chainzone's appeal became moot under Rule 360 RoP, because the intervener cannot maintain an independent position contradicting the supported party. The Court further ruled that Chainzone should generally be treated like Strabag regarding costs.
InterDigital VC Holdings et al., v.Amazon.com, Inc. et. al.
The defendants (Amazon entities) requested under Rule 115 RoP access to the audio recording of an oral hearing held on 14 November 2025 before the Local Division Mannheim, and permission to produce a complete transcript with the help of a professional transcriber for use in parallel US and UK proceedings. The court granted access to the audio recording at the premises of the Local Division Düsseldorf upon appointment, but rejected the request to produce a complete transcript, holding that Rule 115 RoP does not permit parties to create full transcripts for distribution outside UPC proceedings.
Topsoe A/S v.SYPOX GmbH a. o.
This order, issued by the Local Chamber Düsseldorf on November 26, 2025, concerns European Patent EP 3 802 413 B1. The applicant, Topsoe A/S, had filed an application for correction of an earlier order dated November 25, 2025, which contained address errors regarding the respondents SYPOX GmbH and Josef Kerner Energiewirtschafts-GmbH. The court corrected the addresses of the respondents and the production site of the first respondent in the operative part of the prior order.
Barco NV v.Yealink (Xiamen) Network Technology Co. Ltd. - Yealink (Europe) Network Technology BV
This is a procedural order from the Local Division Brussels of the Unified Patent Court in infringement proceedings concerning EP 3 732 827. Yealink filed a Preliminary Objection under R. 19 RoP challenging the territorial competence of the LD Brussels under Article 33(1)(a) UPCA. Because the same territorial competence issue was already the subject of a cross-appeal pending before the UPC Court of Appeal in case UPC_CoA_317/2025, the Court stayed the Preliminary Objection proceedings until the Court of Appeal issues its decision, and set a schedule for post-decision comments.
Amgen Inc. v.Sanofi-Aventis Deutschland GmbH
This is a decision of the Court of Appeal of the Unified Patent Court issued on 25 November 2025 concerning appeals in a revocation action and a counterclaim for revocation (case numbers UPC_CoA_528/2024 and UPC_CoA_529/2024). The decision sets out headnotes on key legal principles relating to claim interpretation, added matter, sufficiency of disclosure, and inventive step. The judgment establishes guidance on interpreting dependent claims, medical use-format claims, the assessment of added matter as a question of law, the standard for sufficiency including functional features, and the methodology for assessing inventive step.
Amgen Inc. v.Sanofi-Aventis Deutschland GmbH
This is a decision of the Court of Appeal of the Unified Patent Court issued on 25 November 2025 concerning appeals in a revocation action and a counterclaim for revocation. The judgment sets out headnotes addressing four key areas of patent law: claim interpretation, added matter, sufficiency, and inventive step. The decision establishes legal principles regarding the interpretation of dependent claims, the inherent therapeutic effectiveness requirement in medical use-format claims, the assessment of added matter as a question of law, the sufficiency test for functionally defined claims, and the framework for assessing inventive step.
Amgen, Inc. v.Sanofi-Aventis Deutschland GmbH
This is a decision of the Court of Appeal of the Unified Patent Court issued on 25 November 2025 concerning appeals in a revocation action and a counterclaim for revocation (case numbers UPC_CoA_528/2024 and UPC_CoA_529/2024). The judgment sets out headnotes addressing four key areas of patent law: claim interpretation, added matter, sufficiency, and inventive step. The decision establishes legal principles on interpreting dependent claims, medical use-format claims, assessing added matter, evaluating sufficiency of disclosure, and the framework for analyzing inventive step.
Amgen, Inc. v.Sanofi-Aventis Deutschland GmbH
This decision of the Court of Appeal concerns appeals in a revocation action and a counterclaim for revocation. The judgment sets out headnotes addressing key legal principles on claim interpretation, added matter, sufficiency of disclosure, and inventive step. The Court of Appeal articulated guidance on interpreting dependent claims, medical use-format claims, assessing added matter, evaluating sufficiency including functional features, and the methodology for establishing inventive step.
Amgen, Inc. v.Sanofi-Aventis Deutschland GmbH
This is a decision of the Court of Appeal of the Unified Patent Court issued on 25 November 2025 concerning appeals in a revocation action and a counterclaim for revocation (case numbers UPC_CoA_528/2024 and UPC_CoA_529/2024). The decision sets out headnotes establishing legal principles on claim interpretation, added matter, sufficiency of disclosure, and inventive step. The full case facts and parties are not contained in the provided text excerpt, which consists primarily of the headnotes section.
Amgen Inc. v.Sanofi-Aventis Deutschland GmbH, Sanofi-Aventis Groupe S.A., Sanofi Winthrop Industrie S.A., Regeneron Pharmaceuticals Inc.
This decision of the Court of Appeal concerns appeals in a revocation action and a counterclaim for revocation. The judgment sets out headnotes addressing four key areas of patent law: claim interpretation, added matter, sufficiency, and inventive step. The Court of Appeal articulated legal principles governing how dependent claims inform the interpretation of main claims, the inherent requirements of medical use-format claims, the assessment of added matter as a question of law, the standard for sufficiency of disclosure including functional features, and the methodology for assessing inventive step.
Amgen Inc. v.Sanofi-Aventis Deutschland GmbH, Sanofi-Aventis Groupe S.A., Sanofi Winthrop Industrie S.A., Regeneron Pharmaceuticals Inc.
This is a decision of the Court of Appeal of the Unified Patent Court issued on 25 November 2025 concerning appeals in a revocation action and a counterclaim for revocation (case numbers UPC_CoA_528/2024 and UPC_CoA_529/2024). The judgment sets out headnotes addressing key legal principles on claim interpretation, added matter, sufficiency of disclosure, and inventive step. The decision establishes guidance on interpreting dependent claims, medical use-format claims, the assessment of added matter, the test for sufficiency including functional features, and the framework for evaluating inventive step.
Amgen Inc. v.Sanofi-Aventis Deutschland GmbH, Sanofi-Aventis Groupe S.A., Sanofi Winthrop Industrie S.A., Regeneron Pharmaceuticals Inc.
This is a decision of the Court of Appeal of the Unified Patent Court issued on 25 November 2025 concerning appeals in a revocation action and a counterclaim for revocation (case numbers UPC_CoA_528/2024 and UPC_CoA_529/2024). The decision sets out headnotes addressing key patent law principles including claim interpretation, added matter, sufficiency of disclosure, and inventive step. The judgment establishes legal guidelines on how dependent claims inform main claim interpretation, the inherent therapeutic effectiveness requirement in medical use-format claims, the legal nature of added matter assessment, and the standards for sufficiency and inventive step analysis.
Topsoe A/S v.SYPOX GmbH a. o.
Topsoe A/S, the proprietor of European Patent EP 3 802 413 B1 relating to hydrogen production by steam methane reforming, filed an application on November 21, 2025, seeking an order for inspection and evidence preservation at the premises of the two German respondents, SYPOX GmbH and Josef Kerner Energiewirtschafts-GmbH, in preparation for a forthcoming main infringement action. The Local Chamber Düsseldorf issued an order on November 25, 2025, under Article 60 of the relevant agreement and Rules 194(d), 196, 197, and 199 of the Rules of Procedure. The patent had been granted on July 5, 2023, without any opposition, and the applicant had withdrawn its previously declared opt-out from the jurisdiction of the court on the same day it filed the application.
Amgen, Inc. v.Sanofi-Aventis Deutschland GmbH, Sanofi-Aventis Groupe and Sanofi Winthrop Industrie S.A.
This is a decision of the Court of Appeal of the Unified Patent Court issued on 25 November 2025 concerning appeals in a revocation action and a counterclaim for revocation. The decision sets out headnotes addressing key legal principles on claim interpretation, added matter, sufficiency of disclosure, and inventive step. The headnotes establish that dependent claims only inform main claim interpretation when they provide more specific descriptions of main claim features, that medical use-format claims inherently require therapeutic effectiveness, and that sufficiency must be assessed from the perspective of the skilled person at the filing or priority date.
Meril Italy Srl (Appellant in 464/2024 and Respondent in 530/2024), Meril GmbH (Appellant in 457/2024 and 21/2025 and Respondent in 532/2024 and 27/2025), Meril Life Sciences Pvt Ltd. (Appellant in 458/2024 and 21/2025 and Respondent in 533/2024 an v.Respondent
In this legal proceeding before Luxembourg (LU) (decision issued on 2025-11-25) under reference UPC-000220, Meril Italy Srl (Appellant in 464/2024 and Respondent in 530/2024), Meril GmbH (Appellant in 457/2024 and 21/2025 and Respondent in 532/2024 and 27/2025), Meril Life Sciences Pvt Ltd. (Appellant in 458/2024 and 21/2025 and Respondent in 533/2024 an appeared in dispute with Respondent concerning patent rights and legal remedies.
Suinno Mobile & AI Technologies Licensing Oy v.Microsoft Corporation
Suinno sought suspensive effect under R. 223 RoP to prevent enforcement of a cost decision (R. 151 RoP) issued by the Central Division (Paris Seat) ordering it to pay €350,000.00 in costs to Microsoft following a default judgment dismissing Suinno's infringement action concerning EP 2 671 173. The Court of Appeal held that while the application was admissible, Suinno failed to demonstrate exceptional circumstances justifying suspensive effect, as it had not shown the cost decision was manifestly erroneous. The application for suspensive effect was rejected.
Merz therapeuthics gmbh, Merz pharmaceuticals LLC, Merz Pharma France v.Viatris Santé
In this legal proceeding before Paris (FR) Local Division (decision issued on 2025-11-21) under reference UPC-000226, Merz therapeuthics gmbh, Merz pharmaceuticals LLC, Merz Pharma France appeared in dispute with Viatris Santé concerning patent rights and legal remedies.
UPM-Kymmene Oyi v.International N&H Denmark
This is a procedural order from the Central Division (Section Munich) of the Unified Patent Court in a revocation action (UPC 829/2024) brought by UPM-Kymmene Oyj against International N&H Denmark ApS (substituted for Virdia Inc.) concerning European Patent EP 2 611 800. The order, issued by Judge-rapporteur András Kupecz following an interim conference on 21 November 2025, sets the value of the case at EUR 1,000,000, grants the Defendant time to clarify its requests, and confirms the date of the oral hearing for 15 January 2026 in Munich.
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.
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