Request to stay first instance preliminary objection rejected. (Rule 21.2 RoP, Rule 295 RoP) Request to extend deadlines rejected. (Rule 9.3 RoP) A stay under Rule 21.2 RoP may be granted exceptionally, under the condition that an appeal against a decision on a preliminary objection has been already been filed under...

Preliminary objection on jurisdiction and competence rejected. (Article. 32(1)(a) UPCA , Article 33 UPCA, Rule 19 RoP). UPC has jurisdiction to hear the main infringement claim, including a claim for an injunction.  (Article 32 (1 (a) UPCA). The main issue of infringement of an essential patent is undoubtedly linked to...

Article 5(3) of Directive [2001/29] (InfoSoc-Directive): the exception for 'pastiche' does not have a catch-all nature, but covers creations which evoke one or more existing works, while being noticeably different from them, and which use, including by means of sampling, some of those works’ characteristic elements, in...

IPPT20260112, UPC CFI, CD Paris, WhiteWater v American Wave
Decision by default (Rule 355 RoP). Patent partially revoked (Article 65 UPCA). Claim 1 lacks inventive step (Article 56 EPC). Claim interpretation (Article 69 EPC) Feature 4 of claim 1; “valve structure (24, 26, 28): The language of feature 4 makes clear that...

Language of proceedings changed to language of the patent , namely English. (Article 49 UPCA , Rule 323 RoP).  On the grounds of fairness, all relevant circumstances – in particular those related to the case and the respective position of the parties – shall be considered. If the outcome of balancing of interest is...

No basis for ordering a supplementary expert opinion following a detailed expert description regarding an ex-parte order for inspection and preservation of evidence. (Article 60 UPCA, Rule 196.4 RoP, Rule 197 RoP, Rule 199 RoP) It is incompatible to reach a decision on the timely release of the expert’s detailed...

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...