Request to extend time limit for filing the next submission denied( Rule 9.3 RoP). Circumstances relied on by Samsung are not considered exceptional. The number of auxiliary requests submitted  (44) are reasonable and manageable.

Decisions taken at interim conference held online. (Rule. 105.1) Parties ordered to provide English translations of documents. Parties to submit preliminary estimate of legal costs.  (Rule. 104 (k) RoP). Parties to upload documents to the CMS that they wish to refer to for clarification during the oral hearing and that...

Appeal against a CFI upholding a counterclaim for revocation has automatic suspensive effect. Stay of proceedings ordered. (Article 74(2) UPCA, Rule. 150 RoP, Rule 295 RoP). The automatic suspensive effect applies to the decision in its entirety, including the parts relating to legal costs. (Article 69 UPCA)...

Claimant (a Taiwanese company) ordered to provide security for costs in the amount of EUR 200,000. (Article 69(4) UPCA, Rule 158.1 RoP). Enforcing a cost decision in Taiwan would be at least unduly burdensome, based on expert opinion. Taiwan is not a member of any international agreement which would govern the...

Counterclaim action successful. Patent revoked in entirety for lack of novelty. (Article 54 EPC , Rule 25 RoP). The patent lacks novelty as Claim 1 of the patent is fully anticipated by prior art (JP748). Claim 1 of the Auxilliary Request is obvious, starting from the same prior art. The unamended dependent claims...

Preliminary injuction granted. (Article 62(2) UPCA, Rule 211 RoP, Rule 209 RoP). A decision by default is not considered. Regular PI order is applicable. (Rule 355.1(a) RoP, Rule 209(1) RoP). If the defendant does not lodge an objection within the time period set by the Court, the application for provisional measures...

Panel review confirmation of Judge Rapporteur’s order dated 25 September 2025 regarding confidentiality club (Rule 262A RoP, Rule 333 RoP). It is possible for a person who is not an employee of a party to join a confidentiality club, depending on the relevant circumstances of the case.  Rule 262A.6 RoP does not require...

Re-establishment of rights granted in the context of a failure to observe a time limit for initiating a procedure for cost decision in the context of a cost ratio. ( Rule 320 RoP , Rule 151 RoP) Dissenting opinion issued pursuant to Article. 36 Statute of the UPC & Article 78 UPCA. Claimant missed the application...

Counterclaim for revocation of a secondary use medical claim patent successful, patent revoked in entirety. Infringement action dismissed. (Article 56 EPC,  Article 65 UPCA , Article 25 UPCA)  . Validity - Inventive step (Article 56 EPC). The invention of the patent is obvious over the clinical trial document cited as...

Infringement action of an amended patent in a bifurcated case dismissed.  (Article 25 UPCA, Article 33  UPCA). The infringement action is unfounded. The challenged embodiments do not infringe the patent in suit in its form as upheld by the CD Milan. Due to the amendment of the patent by the decision of CD Milan, the...

Defendant’s request for extending written procedure dismissed. (Rule . 36 RoP). There is no reason apparent why Samsung’s right to be heard necessitates extending the written procedure. The oral hearing is already scheduled to take place in approximately two months, so that the conclusion of the written proceedings...

Request for review of order regarding dismissal of extension of time period for lodging of a rejoinder denied. (Rule 333.1 RoP, Rule 9 (3) RoP). Reasons why Defendants needed an extension of time is not pointed out in the request for extension or the panel review request. (Rule 9 (3)RoP). Their sole argument can be...

Confidentiality club regime regarding inspection report by expert. (Article 60 UPCA, Article 58 UPCA,  Rule 262A of the Rules of Procedure). Confidential information irrelevant to the question of infringement must be redacted. Access to confidential information relating to the issue of infringement and/or the scope of...

Request for extension of time period for lodging the statement of defence allowed. (Rule 9.3 RoP). It is in the interests of both parties and the Court that the time limits in 3 three parallel cases end at the same time. The extension of the time periods is not expected to cause any significant delay in the proceedings...

Infringement action dismissed (Article 25 UPCA). Patent infringement; device normally operated in a non-infringing manner (Article 25 UPCA). Patent infringement is not excluded by the fact that a device is normally operated in a non-infringing manner and customers therefore do not regularly make use of the patented...

Preliminary objection granted. Jurisdiction of the UPC (as a common court) with regard to defendants domiciled outside of the EU is governed by the Brussels Regulation pursuant to Article 71b(2) BR. The Statement of claim must contain sufficient facts and submissions to establish internal and international jurisdiction...

Preliminary objections dismissed (R. 20 RoP). Request to set aside a Statement of findings (procès-verbal de constat) and subsequent expert report not granted (R. 334(g) RoP). Reference to French national law to challenge the probative value not relevant as the UPC is governed by specific rules of evidence (Article 53...

Withdrawal of appeal by party consent (Rule. 265.1 RoP). No legitimate interests of the defendants in the application within the meaning of Rule 265.1, para. 3 of the RoP, which might preclude the withdrawal from being permitted, have been put forward or are otherwise apparent. Rather, the parties have declared that...

Provisional injunction, seizure, obligation to provide information granted (Article 62 UPCA), interim award of costs (Article 69 UPCA, R. 211.1(d) RoP), no security for enforcement (Article 82(2) UPCA, R. 211.5 RoP). Injunction covering manufacturing may be issued even though the infringing product has so far been...

Failure to meet a time period for submitting a written statement in ongoing proceedings is governed by R. 9.3(a) RoP, (R. 220.3 RoP). R. 320 RoP is relevant if a time limit is missed that relates either to completely new proceedings or to applications made after the conclusion of proceedings, such as the initiation of...