Request for discretionary review rejected (Rule 220.3 RoP). Motorola failed to demonstrate that a review of the impugned order is necessary to ensure a consistent application and interpretation of the RoP (point 8 of the Preambule of the RoP) or any other objective of the discretionary review procedure. Its contention...

Request for expedition of appeals rejected (Rule 9.3(b) RoP). Possibility that the Munich Local Division might grant an injunction on the basis of a patent that has been upheld by the Court of First Instance but may subsequently be revoked by the Court of Appeal, is not sufficient to justify expediting the appeals. The...

Application for preliminary measures unfounded: Defendant’s conduct does not already constitute an imminent infringement, i.e. offering of infringing product (Article 62(1) UPCA) (Article 25(a) UPCA). In order for a patent infringement to be considered imminent, there must be concrete indications in the overall...

Connection joinder only possible within the competence limits of the competence regime of the UPCA (Article 33 UPCA, Rule 340 RoP). Referral of an action for infringement from a local division to the central division only possible with the the agreement of the parties involved.

President rightly rejected request for a language change. The fact that the claimant and two of the three defendants are domiciled in countries where German is an official languageis an important factor in the decision on an application to use the language of the patent as the language of the proceedings (Art. 49(5)...

Zaak C-339/22. BSH Hausgeräte In his opinion the A-G finds that that provision does not apply to the validity of a patent registered in a third State. However, courts of Member States having jurisdiction under another rule of that regulation may refrain from ruling on that question.

UPC jurisdiction because of place of harmful event (Article 7(2) and 71(b(1) Brussels I recast). UPC has international jurisdiction in respect of an infringement action where the European patent relied on by the claimant has effect in at least one Contracting Member State and the alleged damage may occur in that...

Expansion of confidentiality restrictions for two additional third party licence agreement dismissed (Rule 9.2 RoP, Rule 262A RoP). A party must regularly seek an order for access restrictions for third-party licence agreements at such an early stage that it can unconditionally present its submission within the...

Application for review of the allocation of technically qualified judge dismissed (Rule 9.1 RoP, Rules 33-34 RoP). The technically qualified judge is one of the judges of the panel as defined in Articles 19 and 20 UPCA (concerning the Court of First Instance) and the legal texts governing the UPC do not provide the...

Application to add OTECH Germany as third defendant rejected as late filed (Rule 305 RoP). Plaintiff was aware in June 2023 that OTECH Germany GmbH had been found guilty of patent infringement by the Mannheim District Court. […] it could and should have used its knowledge of this judgement as an opportunity to conduct...

Case management order (Rule 101 RoP) following interim conference (Rule 105 RoP) in FRAND case regarding taking of evidence, submission of further documents, panel decision on appeal during oral hearing, objections to delay, non-technical defence, provision for security, preparation for oral hearing.

Action closed after rectification by the EPO of contested decision in accordance with request (Rule 88 and 91 RoP). The submission of the Claimant doesn’t mention any particular circumstances justifying a decision of reimbursement.

Protected confidential information – trade secrets (Article 9 Trade secret directive, Article 58 UPCA, Rule 262A RoP). Information on profit margin can be classified as confidential if it is not available from publicly accessible sources.Information about the few employees having access to this financial information...

Preliminary injunction for indirect infringement (Article 62 UPCA, R. 211.2 RoP). Sufficient degree of certainty for provisional measures regarding indirect infringement, not regarding direct infringement (Article 62(4) UPCA, Rule 211(2) RoP, Article 25 UPCA, Article 26 UPCA)). Urgency (Rule 209(2)(b) RoP, Rule 211(3)...

Claim interpretation (Article 69 EPC). Interpretation of feature  ‘in at least one of ...’. All of the elements listed in feature 1.1.2 in conjunction with the other features 1.2.2 and 1.3.2 are necessarily and therefore cumulatively claimed. Lack of novelty (Article 54 EPC). The subject-matter of claims 1 and 7 and...

The infringement action is unfounded. The counterclaim for revocation is partially justified. Rebuttable presumption of entitlement to European patent (Rule 8.5 RoP). The entry in the patent register has a significant indicative effect when assessing the question of who is the substantive owner of the patent. The...

Adequate security for legal costs and other expenses equally available in appeal (Article 69(4) UPCA, Rule 158(1) RoP, Rule 222(2) RoP). Ballinno ordered to provide security for legal costs in appeal in the (total) amount of € 25.000.  The provision of security for costs does not hamper access to justice. (Article 47...

Leave for an unconditional limitation of the scope of the initial claim (Rule 263(3) RoP). Defendant Arvato should no longer be considered to be infringing according to Art. 25(a) UPCA, but regarded as an intermediary according to Art. 62(1) UPCA, whose services are used by the other Defendants to infringe the Patent.

Change of language from German to English (the language of the patent) granted (Article 49 UPCA). English language application to change the language of the proceedings from German to English declared admissible (Rule 7.1 RoP, Rule 14.4 RoP, Rule 323 RoP). According to R. 7.1 RoP, it is within the Court’s discretion to...

After a little more than 1 year since the inception of the Unified Patent Court, more than 300 UPC orders and decisions have been published on IP-Portal  with summaries and hyperlinks in the IPPT-pdf-format and listed under the relevant articles of the UPC Agreement and rules of the Rules of Procedure