Maxeon Solar Pte. Ltd. v. Aiko Energy Germany GmbH, Solarlab Aiko Europe GmbH, Memodo GmbH, Aiko Energy Netherlands B.V., Libra Energy B.V., VDH Solar Groothandel B.V., PowerDeal SRL, Coenergia Srl a Socio Unico

Sun Patent TrustvsVivo Mobile Communication Co., Ltd.

This procedural order addressed a request by VIVO to stay the main infringement proceedings and grant an extension of time limits in light of pending appeals regarding confidentiality orders and jurisdictional challenges (PO). The Court of Appeal ultimately rejected this request, emphasizing strict adherence to the Rules of Procedure. The ruling reinforces that specialized provisions like R. 21.2 RoP are narrowly construed and that procedural management requests must generally be directed to the Court of First Instance.

Alexion Pharmaceuticals, Inc.vsAmgen N.V. a.o. (including its subsidiaries and affiliates)

Alexion Pharmaceuticals sought a preliminary injunction against Amgen's biosimilar product, BEKEMV®, which treats paroxysmal nocturnal hemoglobinuria (PNH). The UPC Local Division dismissed Alexion's application for provisional measures. The court ruled that while infringement could be established, the patent's validity could not be proven with sufficient certainty, particularly due to concerns regarding insufficient disclosure of the claims. This decision highlights the high bar required in UPC preliminary injunction proceedings when patent validity is contested.

LiNA Medical AGvsSchultz Medical (UK) Ltd.

This Düsseldorf Local Division order addresses procedural issues arising from an application to preserve evidence in a medical device patent case. The court emphasized that defendants must actively utilize provided CMS access codes and appoint representatives promptly if they wish to comment on confidentiality interests related to expert reports. Since the respondent failed to log into the CMS, the court proceeded with disclosing the unredacted expert description to the applicant while simultaneously revoking the evidence preservation measures unless the main infringement proceedings were quickly initiated.

Nanoval GmbH & Co. KGvsALD Vacuum Technologies GmbH

This UPC decision addressed a challenge by ALD Vacuum Technologies GmbH against an earlier order issued to preserve evidence and conduct inspections regarding patent EP 3 083 107. The court confirmed its initial ruling, finding that Nanoval GmbH & Co. KG had presented sufficient grounds for the preventive measures. Crucially, the court emphasized that the respondent's deliberate lack of cooperation in providing specific technical details justified the order, even if a direct risk of evidence destruction was not explicitly proven.

Gowling WLGvsMerz Therapeutics GmbH, Merz Pharmaceuticals LLC, Merz Pharma France-Viatris Santé

This procedural order addressed a request by Gowling WLG, a third-party firm of UPC representatives, seeking access to the case file in an ongoing provisional measures dispute between Merz and Viatris. The Court balanced the need for transparency with the protection of confidential information. Access was granted selectively, allowing the applicant to review extracts relevant to the legal issue of 'unreasonable delay,' while ensuring personal data was anonymized.