Local Division Munich has jurisdiction in spite of pending appeal (Article 33(2) UPCA, R. 19 RoP). The action for interim measures […] was already pending before the Court of Appeal on 19 September 2024. Consequently, on 20 November 2024, the date on which the present infringement action was brought, no action was...

Rule 263 RoP application allowed after appeal but prior to filing of Statement of Defence. Amendments to the case must be explained in R. 263 application but can be detailed in an appendix. Adding new defendant and adding Germany and Spain allowed: procedural economy and aim to avoid the risk of irreconcilable and...

Preliminary objection admissible, but unfounded (R. 19 RoP). The UPC's has jurisdiction relating to a European patent that has not yet lapsed at the time of entry into force of the UPCA pursuant to Art. 32(1)(a) UPCA, Art. 2g), Art. 3c) UPCA and covers infringement actions to the extent that they are based on acts of...

Reasonable and proportionate legal costs of € 84.033,76 after withdrawn application for interim measures (Article 69 UPCA). No reason to object to that a team of one attorney-at-law and two patent attorneys was used to represent the two applicants. Verifiable objections required if the applicants list the individual...

Authors and performers frequently transfer their rights to third parties for exploitation. The rules and practices governing these transfers vary significantly across Member States and sectors (music, audiovisual, visual arts, literature, and video games). This study, commissioned by the European Commission, analyzes...

A preliminary objection can also be raised with regard to a counterclaim for revocation (R. 19 RoP). Since a preliminary objection is allowed for a revocation claim under R. 48 RoP, there is no good reason why the same cannot be true for a counterclaim for revocation. No jurisdiction for the counterclaim which is...

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...