Patent valid and infringed. Preliminary injunction granted . (Article 25 UPCA, Article 65 UPCA, Article 62 UPCA, Rule 211 (1) RoP). Jurisdiction and Competence (Article 4, Article 8 (1), Article 71 Brussels Regulation).UPC has international jurisdiction under Article 4 Brussels for every defendant, who is based or...

Preliminary injunction granted - likelihood of infringement (Article 25 UPCA , Article 62 UPCA, Rule 211 (1) RoP) UPC has competence and internation jurisdiction over the Spanish part of the EP in Spain. (Article 4, Article 8 (1), Article 71 Brussels Regulation). All divisions of the UPC are courts of domicile...

Appeal of dismissal of preliminary objection rejected (R. 19 RoP). Competence regarding multiple defendants (Article 33(1)(b) UPCA). “Commercial relationship” requires the existence of relations between the defendants concerning commercial activities relating to the product or range of products alleged to have been...

Language of proceedings changed to the language in which the patent was granted - English. (Article 49 UPCA , Rule 323.3 RoP). Respondent to provide English translations of the statement of claim.

Second application for postponement of scheduled oral hearing dismissed - lack of sufficient grounds. (Rule 9 RoP , Rule 112 RoP). If the Court invites the parties to comment on proposed dates for the interim conference or the oral hearing, UPC representatives are expected to respond promptly, and no later than the...

Request to stay infringement proceedings denied, following the Opposition Division’s decision on invalidity of patent. (Rule 295 (a) RoP). Court concurs with the Opposition Division that the patent as granted is invalid on the grounds of added matter, but is valid in the version of auxiliary request 10b. 

Preparation for oral hearing at interim conference (Rule 105.5 RoP , Rule 112 RoP) by deciding on mutual objections of parties as much as possible, and addressing outstanding applications, after having (further) heard the parties. Case discussed based on all topics suggested beforehand by the Court and parties. Judge...

Appeal successful, provisional measures granted (Article 62 UPCA, R. 242 RoP). Absence of party Lepu from the hearing (R. 116 RoP, R. 240 RoP). The Court of Appeal […] will treat Lepu as relying only on their written case and will issue the present order on that basis. New facts and evidence disregarded (Article 73(4)...

IPPT20251031, UPC CFI, LD Düsseldorf, Occultech v Lepu

Preliminary injunction denied – requirements not met. (Article 62 UPCA, Rule 211(2) RoP). Cannot be established with sufficient certainty that the embodiments directly and literally make use of the technical teaching of Claim 1. Applicant‘s arguments not sufficient...

Patent valid and infringed. Permanent injunction granted (Article 25 UPCA , Article 65 UPCA , Article 63(1) UPCA). SEP/ FRAND Licencing - Abuse of dominant position (Article 102 TFEU, Article 20 UPCA). FRAND defence rejected because of a failure to appropriately express a willingness to conclude a licensing agreement (...

Request to declare infringement action as manifestly bound to fail dismissed. (Rule 361 RoP). Omissions found in the statement of claim (SoC) must be regarded as a manifest error not justifying the dismissal of the action without any possibility of redress. Correction of obvious mistake of the SoC allowed. ( Rule 263...

Uniform deadline set for all Defendants , for the lodging Statement of defence and a possible Counterclaim for revocation. (Rule 9 RoP , Rule 24 RoP). Given that the current deadlines would deviate by only 20 days, the request for alignment of time limit is reasonable.The claimant has to bear the risk of deviating...

Joint withdrawal of the revocation action and counterclaim for infringement on reaching settlement. (Rule 265.1 RoP)

Joint withdrawal of infringement action on reaching settlement. (Rule 265.1, 2 RoP)

Preliminary objection on jurisdiction rejected (Article 32 UPCA, Article 33 UPCA, Rule 19.1 RoP). Grounds of lack of standing and res judicata, have no bearing on the court’s subject-matter or territorial jurisdiction and are not included in the list of preliminary objections in Rule 19.1 RoP, which must be regarded as...

Language of proceedings changed from German to English by party consent (Article 49 (5) UPCA, Rule 323.1. RoP). 

Inspection of seized product samples to be conducted in the presence of both parties at oral hearing. (Article 59 UPCA, Article 60 UPCA, Rule 199 RoP). Without the cutting and dissection operations previously indicated in the order of February 13, 2026.

Patent valid in amended form (Article 65 UPCA, Article 123 (3) EPC ). Claim Interpretation (Article 69 EPC). A claim must be interpreted as a whole, in a logical and consistent manner. Nothing would lead a person skilled in the art reading this claim to believe that [….] each time the word “air” appears, they are free...

IPPT20260316, UPC CFI, LD Düsseldorf, TRUMPF v IPG Laser

Patent valid and infringed. Permanent injunction granted (Article 25 UPCA, Article 26 UPCA , Article 63(1) UPCA). Infringement : Direct, literal use of the teaching of claim 2 (coupled in lasers) of the contested patent. (Article 25 UPCA). The embodiment features...

Patent valid and infringed (Article 25 UPCA , Article 65 UPCA). Claim interpretation (Article 69 EPC). Claim 6 - input fiber bundle: the term “an” must be understood as a numeral. Contrary to the defendant’s view, feature 6.1.1.1 provides for only one inner input fiber, which serves as a clear reference point for (at...