Confirmed ex-parte interim measure (R. 209.4 RoP, R. 212.3 RoP) prohibiting anti-suit injunctions or equivalent measures preventing pursuing patent infringement proceedings before UPC based on their European patents subject to the jurisdiction of the UPC (Article 56 UPCA). 

Withdrawal of the appeal against revocation permitted, proceedings closed.  (Rule. 370 RoP). R. 370.9 (b) RoP has been amended from 1 January 2026, providing for reimbursement of court fees with 50 % in case of the withdrawal of an action before the closure of the written procedure instead of, as previously, 60 %. The...

The EU General Court, like EUIPO, refuses the application for a motion mark showing the opening and closing of a window, because the sign merely represents a technical functional process. The essential characteristics of the sign are technically necessary to achieve a result, such as ventilation and stability. Article...

Appeal rejected: patent revocation upheld.  Late filed new grounds for invalidity in first instance Defence to application to amend . (Rule 32 RoP, Rule. 263 RoP) . Defence to the Application to amend the patent does not provide an opportunity to introduce new grounds of invalidity in relation to the patent, such as...

Request for discretionary review of procedural order dismissed. (Rule 220 RoP). A request for discretionary review can only be allowed after the other party has been heard pursuant to R. 220.4 Rop. If allowed, this sets in motion a procedural appeal under a procedural appeal under R. 220.2 RoP. 

Limited access to written pleadings and evidence granted to law firm (Rule. 262. RoP). The documents shall be redacted of personal data prior to making them available. A law firm is also  a member of the public within the meaning of R. 262.1 (b) RoP. Commercial interests with the application does not preclude an...

Request for access to written pleadings and evidence rejected.  (Art. 45 UPCA , Rule. 262.1(b) RoP). Copyright is not a general interest that must be observed when a member of the public requests access to the register. Granting access to written pleadings and evidence to a company, which intends to make the...

Appeal on change of language proceedings dismissed. (Article 49 UPCA). Parties not being domiciled in countries where the language of the proceedings chosen by the claimant is an official language is an important factor in a decision on an application to use the language of the patent. Relevant circumstances should be...

Application for suspensive effect successful. (Article 74 UPCA,  Rule 223 RoP). TP link denied access to written submissions. Order made without prior hearing of the applicant due to the limited time remaining before the expiry of the implementation period. Applicant given opportunity to comment on the application for...

Award of damages (Art. 68 (1) UPCA, Rule 112 RoP). Knowledge of infringement. An active stakeholder in the industry is expected to monitor the patent landscape before exhibiting its product on the market and should have reasonable grounds to know about the existence of the Patent and the infringing nature of the...

European patent revoked (Article 65 UPCA)  Added subject matter (Article 138 EPC) . The removal or replacement of a feature is not considered added-subject matter if the feature is not described as being essential in the application. Any features which, even if mentioned throughout the application in the context of the...

Leave to appeal against cost decisions denied. (R. 221.RoP). It is evident from the order that the judge-rapporteur has made a thorough and detailed assessment of the costs.

Application for interim measures (R. 206 RoP) . R. 19.5 RoP shall apply mutatis mutandis to proceedings for provisional measures. A referral to the competent division is therefore also possible in such proceedings (Rule. 19.5 RoP).Competence of the divisions of the Court of First Instance is a UPC internal matter (Arti...

Application for suspensive effect of appeal rejected. (Article 74 UPCA , Rule 223 RoP). No obvious inaccuracy in the contested decision, obvious errors of law not proven .Windhager's concern over reputational harm from the recall, removal from distribution channels, and  destruction of its goods does not outweigh...

Patent valid and infringed Art. 25(a) UPCA.
It is irrelevant for direct patent infringement that the components are offered in a non-assembled state .The offering or supplying of all components already constitutes direct patent infringement. The individual sale of coordinated components constitutes direct infringement...

You are invited to join the UNION-IP Winter Roundtable in Munich on February 27, 2026, at the German Patent and Trade Mark Office (DPMA). We will have two panels analysing Strategic Timing and Late-Filed Submissions at the EPO and Courts, under the title “It’s all about timing”. 
 

Preliminary questions on communication to the public in a beauty salon: whether account should be taken of the floor area, the number of hairdressing chairs and waiting seats, and the presence of a relaxation area?

Appeal to change the language back to German dismissed. (Article 49(5) UPCA, R. 323.3 RoP.) A party must be able to fully understand what is submitted by a representative on its behalf and what is submitted by the other party. The Court of Appeal has consulted the panel of the Local Division by way of analogy with R...

Further confidentiality measures ordered (Rule 262A RoP). Protection extended to future submissions dealing with FRAND licence negotiations between parties to avoid identical orders after each submission. Covers if confidential information should be discussed in an oral hearing or repeated in a decision on the merits. ...

Panel review of a Judge Rapporteur order on the holding of an interim conference: Request to hold interim conference dismissed. (Rule 333 RoP, R.105 RoP). No scope for a review : Order contains a declaration of intent and does not stipulate that there will be no interim conference. Claimant seeks a different outcome...