Confidentiality club membership rules (R. 262A RoP); number of persons and personal traits. Pursuant to R. 262A.6 RoP the number of persons to whom access is restricted shall be no greater than necessary in order to ensure compliance with the rights of the parties to the legal proceedings to an effective remedy and to...

InfoSoc Directive and Rental Directive must be interpreted as precluding national legislation which provides for the assignment, by means of a regulatory act, for the purpose of exploitation by the employer, of the related rights of performers engaged under an administrative law statute, in respect of the performances...

Duty to be represented (Article 48 UPCA, R. 8 RoP). Late filed objection. Meril GmbH did not make this objection before the Central Division or in its Statement of appeal and grounds of appeal. The Court of Appeal disregards this submission. (R. 226 RoP and R. 222.2 RoP). Representation is a point of admissibility...

Acting as a representative (Article 48 UPCA) of a legal person not possible for a corporate representative of a legal person, or any other natural person who has extensive administrative and financial powers within the legal person. If the party is a natural person, the representation requirement under Art. 48(1) and ...

Impugned order revoked (Article 75 UPCA) – provisional measures granted (Article 62 UPCA). Claim interpretation (Article 69 EPC). As a general principle of interpretation, means-plus-function features must be understood as any feature suitable for carrying out the function. As an exception to the mentioned general...

Cross border jurisdiction of a Swedish court over a Swedish domiciled defendant regarding infringement of all national parts of a European patent validated in Germany, Greece, Spain, France, Italy, the Netherlands, Austria, Sweden, the United Kingdom and Türkiye. Article 4 and article 24 Brussels I bis Regulation. Arti...

Action concluded by way of settlement and confirmation of settlement agreement by decision of the court (R. 365 RoP, R. 11.2 RoP). Declares that the unredacted version will remain confidential (R. 262 RoP)

IPPT20250127, UPC CFI, LD Munich, Lenovo v ASUSTek - II
Scheduling and preparing interim conference of 25 September 2025 (R. 103 RoP) and scheduling oral hearing at 19 November 2025 (R. 108 RoP)

IPPT20250127, UPC CFI, LD Munich, Lenovo v ASUSTek - I
No bifurcation, request to assign technically qualified judge (Article 33...

Patent in suit declared null and void (Article 65 UPCA). Person skilled in the art (Article 56 EPC) is a mechanical engineer (Dipl.-Ing. (FH) or B. of Eng.) who has several years of professional experience in the development and construction of mills for grinding material. Product claim 1 lacks novelty (Article 54 EPC)...

Withdrawal of action by party consent (R. 265 RoP). Reimbursement of 40% (instead of 60%) of court fees  after closure of the written procedure (R. 370.9(b) RoP) The fact that the written procedure was not formally completed by clicking the button provided on the CMS workflow does not change this as the procedure was...

Standalone action for revocation by intervener is inadmissible before the present Division in the case at hand (Article 33(3) and (4) UPCA, R. 316A RoP). The Court notes that the intervener will still have the possibility of acting independently before the UPC to challenge a patent that is, in his view, invalid, but...

Access to register of pending proceedings denied (Article 45 UPCA, R. 262 RoP). The interest in protecting the integrity of the ongoing proceedings outweighs the interest in accessing information asserted by the applicant, prevails. The mere fact of being interested in the outcome of a specific legal issue, concerning...

IPPT20250128, UPC CFI, LD Düsseldorf, Fujifilm v Kodak
Patent revoked in the territory of all Contracting Member States in which the patent has effect (Article 65 UPCA). Insufficient disclosure of the claimed invention over the complete scope of the granted claims. (Article 83 EPC, Article 138(2) EPC). As the features...

Preliminary views and questions for oral hearing (R. 105.5 RoP). Cross border injunction for UK? Panel is inclined to deal with the questions concerned in a separate proceeding after the separation of cases and stay such separate proceeding until a decision has been delivered by the ECJ (Case C-339/22, BSH Hausgeräte v...

Not necessary to attempt to serve decision by default in accordance with R. 274 RoP before an order that steps  taken is good service (R. 275.2 RoP) where the application for a provisional measure could not be served in accordance with R. 274 RoP and there is no indication that the decision by default can be served in...

Evidence is not set exhaustively in R. 170 RoP.  NJ wishes to examine the two wigs deposited at the registry (exhibits nos. 861 and 16), position one or more bright lights at the connection areas of the cap, specifically at the band, and take photographs and enlargements of them to show. The measure requested by NJ...

IPPT20250121, UPC CFI, CD Paris, NJOY Netherlands v VMR Products
Revocation action dismissed (Article 65 UPCA).  Court not convinced that it would have been obvious to suggest the claimed vaporizer, regardless of ‘Cross’ being combined with an alleged common general knowledge or with ‘Lee’. To asses inventive step (Arti...

Patent revoked because of ‘added matter' (Article 65 UPCA)(Article 138(1)(c) EPC). It extends beyond the content of the European Patent Application as filed (MWE 3) and beyond the content of the parent application (MWE 4). Person skilled in the art of vaping devices (Article 56 EPC) is a mechanical engineer with either...

Change in parties (R. 305 RoP, R. 306 RoP, R. 310 RoP). Sanofi-Aventis France, which ceased to exist, is replaced by Sanofi Winthrop Industrie. As Sanofi Winthrop Industrie is already party to the proceedings this replacement has no consequence on proceedings. Sanofi Winthrop Industrie is bound by the proceedings as...

o patent infringement: neither literal nor by equivalence (Article 25 UPCA). The assessment of the scope of protection of a patent is in two stages (Article 69 EPC, Interpretation Protocol). In the first stage, the literal infringement must be assessed on the basis of the characteristics of the patent in the light of...