Patent valid (Article 65 UPCA) but not infringed. (Article 25 UPCA) The law prioritizes registration over the entitlement where a claimant wants to obtain a decision to remove the effects of a granted patent (Rule 8.6 RoP, Rule. 25 RoP) .  It is for the registered proprietor and the entitled proprietor to apply to the...

Withdrawal of infringement action and counterclaim for revocation on parties reaching a settlement.  (Article 25 UPCA, Rule. 265.1 RoP, Rule 25 RoP) 

Counterclaim for revocation unfounded (Article 65 UPCA), Patent infringed (Article 25 UPCA). No added matter (Article 138(1)(c) EPC): same conclusion as the BoA of the EPO in the opposition decision regarding the patent-in-suit. Sufficient disclosure (Article 138(1)(b) EPC): Consistent with said claim construction, at...

Revocation dismissed (Article 65 UPCA). Direct and indirect patent infringement (Article 25 UPCA, Article 26 UPCA). Amendment of claim by motion in brief after interim procedure requesting submission of evidence supporting information to be provided refused (R. 263 RoP) in so far as the claimant argued at the hearing...

Trade mark that includes a number which is likely to be perceived as indicating the year of establishment of a business can be deceiving to the public (article 3(1)(g) Directive 2008/95). A number which is perceived by the relevant public as the year of establishment of a business may evoke particular know-how, which...

Defendants granted access to listen to the recording of the oral hearing before the Local Division Mannheim dated 14 November 2025 , in conformity with established confidentiality regime. (Rule 262 RoP, R. 115 RoP) Request to produce a complete transcript with the help of a stenographer rejected.  It is not necessary...

Standing to sue for revocation action – a competitor is “concerned by a patent” (Article 47(6) UPCA). Any party (potentially) operating in the technical field of the patent are “concerned” by a patent. The legal certainty aimed at by allowing a standalone revocation action is especially important for competitors of the...

Counterclaim for revocation dismissed (Article 65 UPCA). Direct patent infringement (Article 25 UPCA). Standing to sue of claimant as registered proprietor (R. 8.5 RoP). No handwritten signature completely corresponds to another signature of the same individual; person signing is a Chinese citizen and therefore...

Panel review confirming dismissal of preliminary objection (R. 19 RoP). Competence in case of multiple defendants (Article 33.1(b) UPCA). The commercial link between the defendants does not require a direct commercial link between the so-called ‘anchor’ defendant and each of the other defendants, but rather a...

Preliminary objection dismissed (R. 19 RoP). The “same alleged infringement” (Article 33.1(b) UPCA) refers to the infringement of the same patent. Commercial link between defendants undisputed.

Ex- Parte order for inspection and preservation of evidence revoked on review, with the exception of confidentiality orders.  (Rule 197.3, 197.4 RoP). The submission for an ex parte order must be complete and must not mislead the Court, (Rule 192.3 RoP). If there has been a breach of Rule 192.3 RoP, the question of ...

Withdrawal of infringement action by party consent. (Rule 265.1 RoP) Conditions for reimbursement of court fees not met. (Rule 370.9 RoP). When the Court was informed of the settlement, the oral proceedings had already been completed. (Rule 370.9(c) RoP). The termination of the proceedings did not result in significant...

Patent revoked for added matter. (Article 138(1)(c) EPC, Article 65(2) UPCA) The skilled person does not directly and unambiguously derive from Claim 1, that the claimed method for quantifying an expression level of a target gene refers to a target gene “in a FFPE tissue sample of human breast cancer tissues” and that...

Defendants ordered to produce evidence in the form of technical data sheets of older products (Article 59 UPCA, Rule 190 RoP).It is reasonable and proportionate to grant the request to produce documents.The information is useful and necessary for Bostik to respond to the defendants' argument regarding the obsolescence...

The platform was developed by senior associate Akiva Friedmann to address a practical issue familiar to many UPC practitioners: while UPC decisions are public, they are not always easy to search in a structured and efficient way. What began as an internal project to make Prof. Willem Hoyng’s UPC Unfiltered commentaries...

Leave to amend claim granted. (Rule 263 RoP) Application to admit allegedly late-filed submissions and arguments dismissed.  (Rule 9 RoP). There is no need for a limitation of an injunction to specific infringing products based on what is claimed. (Rule 263 RoP).In the present case, GSK, requested general injunctive...

Preliminary Objection rejected, the UPC has exclusive Jurisdiction. (Article 31 , Article 32 UPCA, Rule 19.1(a) RoP) . No opt-out from the exclusive competence related to the Patent is in effect. (Rule 19.1(a) RoP). The action lodged by the Claimant does not concern an administrative matter. (Article 1(1) Brussels...

Discretionary order to separate counterclaim for revocation proceedings into two proceedings, one concerning each patent. (Rule 302.1 RoP). Payment of court fees also warrants separation in counterclaims for revocation – new court fees of EUR 20,000 due. (Rule 370.4 RoP, Rule 26 RoP). 

Change of language of proceedings from German to English allowed. (Art. 49 UPCA , Rule. 323 RoP) . No substantiation of any circumstances which could justify not changing the language of the present proceedings. Order not conditional on specific translation or interpretation arrangements (not requested).

Infringement action dismissed due to insufficient substantiation by the Claimant. (Article 25 UPCA, Rule. 171 RoP). Inadmissible counterclaim for revocation (subject to intra-procedural condition). (Rule 25 RoP ). It is upon the claimant to substantiate why it is of an opinion and point to specific facts (Article 25...