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...

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...