Further written pleadings allowed in appeal of granted PI (R.36 RoP) with respect to the new experiment performed by STEROS regarding the alleged embodiment of the patent in dispute and the argumentation relating to the same under para. 50 to 65 of the Statement of Response of 15 July 2025. Under R. 36 RoP it is...

The UPC announces the setting up of a third panel of the UPC’s Court of Appeal (CoA) as of January 2026. Following a steady rise of the UPC’s caseload and a proportional rise of cases at the CoA, a third panel of the CoA will be set up as of January 2026.

The CoA’s third panel will be composed of Ms Ulrike Voß...

Early decision taken to have joint hearing for infringement and revocation (R. 37.2 RoP and Art. 33(3) UPCA). In the interest of efficiency and to ensure uniform interpretation of the patent it was decided that bifurcation was not in the best interests of the parties

A challenge to the jurisdiction of the court seised, raised in the defendant’s first submission cannot be considered to be acceptance of the jurisdiction of the courts seised [Article 26 Brussels I recast Regulation]. When the defendant is domiciled in an EU member state actions for declaration of non-infringement...

The Trade Mark Directive does not seek to harmonise at EU Level the national laws relating to trade names, a category to which a company name may belong: in the absence of harmonisation, the protection of trade names is a matter for national law. The Trade Mark Directive and the free movement of goods do not preclude a...

“Offer” within the meaning of Article 25(a) UPCA is to be understood in the economic sense and is not based on the legal understanding of a binding contractual offer. “Infringer”: the mere position of managing director does not make the managing director and accomplice or accessory to a patent infringement by the...

Withdrawal of application for costs allowed without hearing Belkin (R. 265 RoP). Even without the withdrawal, no decision on the merits would have been issued, as the Court of First Instance has jurisdiction for applications for the determination of costs. No decision on costs is required here. As a rule, even the...

Impugned order revoked and decision by default dismissing the infringement action given against Suinno for failure to provide security for costs (R. 355.2 RoP, R. 158.5 RoP). Decision by default of R. 355.2 RoP only applies when a decision by default is sought "against the defendant of the claim". It does not apply...

Central Division has not exceeded the boundaries of its discretion in setting the amount of the security equal to 50% of the ceiling, meaning at € 300,000 (R. 158 RoP). Suinno's argument that the security for costs is "not commensurate with the real work it takes to communicate non-infringement or lack of validity to...

Preliminary injunction, seizure and order to communicate information granted (Article 62 UPCA, Article 67 UPCA)). Absence of a party in summary proceedings from the oral hearing does not necessitate a default judgement (R. 210(3) RoP, R. 116 RoP, R. 355 RoP). Pursuant to R. 210(3) RoP, Rules 111 to 116 of the Rules of...

Patent upheld in limited form (Article 65 UPCA). Infringement action dismissed (Article 25 UPCA): not all features of claim 1 are realised by the contested embodiments. Reasonable number of auxiliary requests (twice 33) (R. 30.1(c) RoP) because the actual core of the auxiliary requests is small, the opposing party is...

Infosoc Directive 2001/29 and Rental Directive 2006/115 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, without the...

Order under penalty of a fine of € 100.000 to accept service of anti-anti-suit injunction (AASI) by the representatives of defendants in the main proceedings (R. 354.3 RoP, R. 213 RoP). The request and the order issued are therefore inextricably linked to the main proceedings. Therefore, the power of attorney cannot be...

Cost decision (R. 150 RoP). Defendants’ demand for reimbursement of representation costs for the cost procedure is unfounded. Proceedings for cost decisions under R. 150 et seq. RoP are summary proceedings, determined by the judge-rapporteur. Awarding compensation for the additional costs that can be attributed to the...

Direct and indirect patent infringement (Article 25 UPCA, Article 26 UPCA), decision by default (R. 355. RoP). Competence of Central Division regarding infringement in Bulgaria by a defendant outside of the UPCA territory (Greece)(Article 33(1) UPCA). Claim interpretation (Article 69 EPC). The patent description...

An expert determination background document was developed first that reflects best regulatory practices from comparable institutions worldwide. This document shall be considered an integral part of the public consultation process. Please note that the draft Expert Determination Fee Schedule, which is a separate...

Preliminary objections rejected (R. 19 RoP, R. 20 RoP). Objections of defendants 1) and 2) were lodged one day after the expiry of the one month objection period (R. 300(c) RoP). Deemed day of service of Rule 271.6(b) RoP does only apply to service of a Statement of claim in a Contracting State but not in the USA. The...

Panel review dismissed of confidentiality club order rejecting external eyes only (R. 262A RoP). On the specific issue of potential antitrust violation, Ericsson limited itself in a general way to arguing that there is a risky situation related to the disclosure of the financial aspects of the information, in...

Voluntary intervention by receiver in insolvency of NJ Diffusion allowed (R. 313 RoP). The consequences of this voluntary intervention will be decided in the substantive decision to be made. Request for security for costs inadmissible (R. 158 RoP). The panel notes, on the one hand, that this judicial guarantee provided...

PI granted (Article 25 UPCA, Article 62(1) UPCA, R. 211.1(a) RoP). Standing to sue exclusive licensee (Article 47(2) UPCA). Given the Applicant's aim of obtaining unrestricted freedom to operate, there can be no reasonable doubt that patents registered after the agreement was concluded are also to be licensed. Insofar...