ALPINESTARS RESEARCH S.p.A, ULRICH HERPICH E.K, Alpinestars S.p.A., OMNIA RETAIL S.R.L. , HORIZON MOTO 95 - MAXXESS CERGY , MOTOCARD BIKE, S.L. v. Dainese S.p.A.

UPC-000985

1 Milan - Local Division UPC_CFI_472/2024 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 24/01/2025 Order no. ORD_68844/2024 DAINESE S.p.A. - Plaintiff - against ALPINESTARS S.p.A. - Defendant 1 - and against ALPINESTARS RESEARCH S.p

Jurisdiction
European UPC
Court / Office
Milan (IT) Local Division
Case Number
UPC-000985
Judge(s)
rapporteur Alima Zana COMPOSITION OF PANEL; Pierluigi Perrotti Judge; Graham Ashley LANGUAGE OF PROCEEDINGS; rapporteur invited the other parties to comment the application

Detailed Summary

1

Milan - Local Division

UPC_CFI_472/2024

of the Court of First Instance of the Unified Patent Court

delivered on 24/01/2025

Order no. ORD_68844/2024

DAINESE S.p.A.

- Plaintiff -

against

ALPINESTARS S.p.A.

- Defendant 1 -

and against

ALPINESTARS RESEARCH S.p.A.

- Defendant 2 -

and against

OMNIA RETAIL S.R.L.

- Defendant 3 -

and against

HORIZON MOTO 95 MAXXESS CERGY

- Defendant 4 -

and against

ZUND.STOFF AUGSBURG

- Defendant 5 –

and against

MOTOCARD BIKE, S.L.

- Defendant 6 –

PATENT AT ISSUE

Patent no.

Proprietor/s

EP4072364

Dainese S.p.A.

EP3498117

Dainese S.p.A.

No SPC details provided

2

Patent no.

SPC details

SPC ID

National Designations

No

DECIDING JUDGE

Judge-rapporteur

Alima Zana

COMPOSITION OF PANEL – FULL PANEL

Presiding judge

Pierluigi Perrotti

Judge-rapporteur

Alima Zana

Legally qualified judge

Anna-Lena Klein

Technically qualified judge Graham Ashley

LANGUAGE OF PROCEEDINGS: English

ORDER

1 SUMMARY OF FACTS

On 2 December 2024, Dainese spa (claimant in the main proceeding) has put forward information

in its partial withdraw (App. 63772/2024), alleging its confidential nature.

With regard to said information Dainese submitted an application for protection of confidential

information under R. 262A RoP using the dedicated workflow in the CMS( 63878/2024) and

uploading a redacted versions of their written submissions.

By orders filed on 4 December 2024 and 10 January 2025 the judge rapporteur invited the other

parties to comment the application.

On 17 January 2025 the defendant n.1 requested that:

- that the Claimant's application under Rule 262A is rejected.

- in alternative:

3

b) that the Claimant is ordered to provide a revised version of the redacted

document, where only strictly sensitive information are redacted, and access to

such document is granted to Defendant.

Same and identical claims were filed by the defendant n. 6, MOTOCARD BIKE, S.L.

The Defendant 2) specified to not have any interest in knowing

No other comments were filed by the other parties.

GROUNDS OF THE ORDER

1.2.General profiles

This ruling complies with:

- the principles of flexibility, proportionality and fairness set out in Preamble 2 of the P.o.R. and the

need to protect confidential information.

-the Rule n. 58 UPCA, the Rule N. 262A RoP, the Directive (EU) 2016/943 on the protection of

undisclosed know-how and business information (trade secrets) against their unlawful acquisition,

use and disclosure;

- case law of the UPC on the protection of confidential information.

1.2. This order takes into account that:

--according to a non-strict construction in accordance with the purpose of the law, Article 58 UPCA

must be interpreted as meaning that it extends protection not only to trade secrets but also to

confidential information.

2. Nature of information

4

2.2. The Court observes that:

This document is confidential:

•

(i) is not generally known and is not available to third parties;

•

(ii) has undoubtedly of an economic value, i

•

(iii) is protected by appropriate confidentiality measu

Practitioner Note

This case demonstrates the evidentiary and procedural standards applied in patent matters before Milan (IT) Local Division. Understanding the court's reasoning in ALPINESTARS RESEARCH S.p.A, ULRICH HERPICH E.K, Alpinestars S.p.A., OMNIA RETAIL S.R.L. , HORIZON MOTO 95 - MAXXESS CERGY , MOTOCARD BIKE, S.L. vs Dainese S.p.A. is valuable context for structuring arguments or assessing risk in similar proceedings.

Related Cases

patentUPC-COA-0000088/2026

Rematec GmbH & Co KGvsEurope Forestry B.V.

The Court of Appeal of the Unified Patent Court refused leave to appeal against an order of the Local Division Mannheim that had rejected Rematec's two cost determination applications as time-barred and dismissed its applications for reinstatement. The Court held that an application for leave to appeal under Rule 157 in conjunction with Rule 221 of the Rules of Procedure is inadmissible insofar as it is directed against the rejection of a reinstatement application, since Rule 320.7 expressly precludes appeals against orders on reinstatement. The Court also rejected Europe Forestry's request to impose costs on Rematec, noting that cost reimbursement is generally not available in cost determination proceedings.

patentUPC-COA-0000089/2026

Rematec GmbH & Co KGvsEurope Forestry B.V.

The Court of Appeal of the Unified Patent Court refused leave to appeal against an order of the Local Division Mannheim that had rejected Rematec's two cost determination applications as time-barred and denied reinstatement into the missed deadlines. The Court of Appeal held that an application for leave to appeal under R. 157 and R. 221 RoP is inadmissible insofar as it challenges the rejection of a reinstatement application, because R. 320.7 RoP expressly excludes appeals against orders on reinstatement. No arguable grounds for leave to appeal were identified regarding the rejection of retroactive deadline extension requests.

patentUPC-COA-0000146/2026

Promosome LLC and The Scripps Research InstitutevsBioNTech 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.

This order of the Court of Appeal of the Unified Patent Court concerns three appeals (UPC-CoA-146/2026, UPC-CoA-147/2026, and UPC-CoA-148/2026) relating to EP 2 401 365. The appellants, Promosome LLC and The Scripps Research Institute, sought a one-month extension of the deadline for lodging their Statements of grounds of appeal, citing heavy professional workload and school holiday periods. Both groups of respondents (BioNTech and Pfizer entities) opposed the extension. The Court of Appeal rejected the applications, holding that the circumstances relied upon were foreseeable and did not justify an extension of the procedural time period.

patentUPC_CoA_312/2025

Kodak Holding GmbH, Kodak GmbH, Kodak Graphic Communications GmbHvsFujifilm Corporation

This is a procedural order from the Court of Appeal of the Unified Patent Court concerning European Patent EP 3 511 174. The Respondents (Kodak entities) requested a one-week extension of the deadline to file written comments on the Applicant's (Fujifilm's) request for rehearing. The Court granted the extension until 23 October 2026, finding the request admissible and well-founded because the Applicant had consented, the extension was brief, and the Respondents' representatives had been occupied preparing for a related oral hearing before the Düsseldorf Regional Court that was postponed shortly before the application was filed.

patentUPC-CFI-0001271/2026

Huawei Technologies Co. Ltd.vsSercomm Italia SRL

This is a procedural order from the Local Chamber Munich of the Unified Patent Court concerning alternative service of process on Sercomm Italia SRL in a patent infringement action involving European Patent EP 3 611 989 B1. After multiple failed attempts to serve the Italian defendant at its registered business address, the rapporteur had previously ordered under Rule 275.2 RoP that the prior service measures constituted valid service. The present order addresses the fact that notification of that earlier order was unsuccessful and directs additional means of notification to ensure the defendant is informed.

patentUPC-COA-0000072/2026

Network System Technologies LLCvsQualcomm Incorporated, Qualcomm Technologies, Inc., Qualcomm Germany GmbH

The Court of Appeal of the Unified Patent Court rejected Network System Technologies LLC's (NST) applications for re-establishment of rights under R. 320 RoP. NST had sought to revive its late-filed appeals against the rejection of its R. 190 Applications (production of evidence) in three infringement proceedings against Qualcomm before the Munich Local Division. The Court held that NST failed to demonstrate that all due care had been taken, as the circumstances cited did not constitute exceptional circumstances or excusable error under the precedent set in AIM v Supponor.

Arctic Invent — IP Strategy

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.

Talk to our patent team →

Disclaimer: This page contains an automated summary based on publicly available judicial records. The content is generated for informational purposes only and does not constitute legal advice. Always verify details against the original source judgment before relying on this information for any legal purpose. If you believe any information is inaccurate, please contact us.

Strategy Consult

Facing a similar patent matter?

Arctic's litigation team uses precedent data like this to build winning arguments.

Get a Strategy Call