Request for further exchange of written pleadings rejected (R. 36 RoP). New arguments on inventive steps […] have been raised by NUC in response to the new Auxiliary Requests brought for the first time by HUROM with the Grounds of Appeal and could consequently not have been submitted at an earlier stage. HUROM has been...

Requests for confidentiality made under R. 262.2 RoP must be submitted together with a redacted version and justification together with the document itself. If, on the other hand, a party has not requested under R. 262.2 RoP that certain information in pleadings or evidence be treated as confidential, the member of the...

Ex – parte order for inspection and preservation of evidence granted for the respondent’s exhibition booth at an upcoming trade fair, pending validity proceedings.  (Rule 192, Rule 194, Rule 197, 199 RoP). The “BZW3005” machine, which is expected to be exhibited at “Productronica” in Munich, may make use of the...

Request rejected for further exchange of written submissions, following reference in Statement of response to auxiliary requests already submitted in the first instance (R. 36 RoP, R. 222 RoP). The Auxiliary Requests must be considered to be part of the appeal proceedings, until and unless indicated otherwise (e.g. by...

Request for public access to the register partially granted (R. 262.1(b) RoP). Reasoned requests to the Registry for written pleadings and evidence, lodged at the Court of First Instance, shall be made to the relevant Division. Similarly, reasoned requests for written pleadings and evidence, lodged at the Court of...

Security for costs in appeal released following settlement (Article 69(4) UPCA, Article 79 UPCA, R. 158 RoP). R.352.2 RoP, which applies to security for enforcement, applied by way of analogy. This provision applies to security for enforcement but should be applied by way of analogy in the present case. There is a...

Request to grant unitary effect denied (R. 97 RoP). Article 3(1) of Regulation 1257/2012 cannot be interpreted to allow registration of unitary effect for a granted European patent which does not include the designation of one of the participating Member States. No justification can be found to allow for Art. 3(1) of...

Under R. 220.3 RoP, discretionary review is only possible when a timely application within 15 days for leave for appeal is made to and rejected by the CFI. Auxiliary request for CoA to grant leave for appeal inadmissible. Article 73 (2)(b)(ii) UPCA does not empower the Court of Appeal to itself grant leave to appeal ...

Request to maintain the Saisie Order to the extent outlined in Exhibit A1 is inadmissible  (R. 192 RoP, R. 222.2 RoP). The form in which Centripetal seeks to have the Saisie Order “maintained” […] broadens the scope of the order. The Saisie Order concerned the preservation of evidence at an office located at...

Application for rehearing rejected (Article 81(1) UPCA; R. 245 RoP). Only fundamental procedural defects can be the basis for a rehearing. What Suinno has brought forward in its Applications is not sufficient to conclude that the Court of Appeal made an error, let alone one that must be considered a flaw of such a...

Confidentiality club regime to include a licensing bar R. 262A RoP). Confidentiality club regime: proportionality of measures (R. 262A RoP, Article 9(3) Trade Secrets Directive). When deciding on the measures for the protection of confidential information and assessing their proportionality, the Court must take into...

Request for suspensive effect for interim cost award rejected: no infringement of fundamental procedural rights and manifest errors (R. 211.1(d) RoP, R. 223 RoP). In general, the Court may assume that the successful party will be entitled to 50% of the applicable ceiling and may order reimbursement of the amount by...

Patent valid and not infringed. Application for provisional measures rejected. (Art. 25 UPCA. Rule 211 RoP). No unreasonable delay in seeking provisional measures. (R. 211.4 RoP). The starting point for the reasonable delay in seeking provisional measures is the date on which a correspondence began between the parties ...

Appeal against order judge-rapporteur granting preliminary objection but not ending the proceedings admissible under R. 220.1 RoP. (Article 73 UPCA) An order granting a preliminary objection that does not end the proceedings is not a decision granting the preliminary objection in the sense of Rule 21.1 RoP. An order of...

Respondents invited to submit within seven days comments on the admissibility of an appeal on the basis of R. 220.2 RoP  of an order allowing a Preliminary Objection (R. 21 RoP, R. 220 RoP, Article 73 UPCA). Time limit filing Statement of response suspended (R. 235 RoP)

No restriction on use of Exhibit by other party even though uploaded under the Highly Confidential code (R. 262 RoP, R. 262A RoP). Absent a “confidentiality club” (R. 262A RoP), the Court will not treat a document as potentially containing confidential information in the sense of R. 262A RoP. A request made to prevent...

IPPT20251121, UPC CFI, LD Paris, Merz v Viatris Santé
Application for provisional measures regarding a generic version of a product protected by SPC rejected. (R.206 RoP) MERZ failed to demonstrate seeking provisional measures against VIATRIS within reasonable delay provided for by Rule 211.4 RoP. Applicants seeking...

Provisional measures granted via an ex-parte preliminary injunction for the seizure and surrender of infringing goods.  (Article 62 UPCA, Rule 206 RoP, Rule 211 RoP , Rule 212 RoP , Article 25 UPCA). The applicant has demonstrated that the contested embodiments utilize all features of claim 1 of the patent. It is...

Counterclaim for revocation unsuccessful, patent valid and infringed (Article 25 UPCA, Rule 25 RoP). No invalid claim of priority of the first application. (Article 87 EPC) . The term “the same invention” is to be interpreted as meaning that a claimed invention is to be regarded as the same invention as the invention...

In its decision of 10 November 2025, the EPO rejected the request of registration of unitary effect of the patent in suit, based on the fact that the patent had not been granted for all member states of the UPC that were participating at the time the request was filed. (Malta) Request for annulment of the decision of...