Good service of application for provisional measures upon Chinese defendant: credible demonstration of correct address (R. 275.2 RoP, R. 209.1(a) RoP). According to its wording, R. 275.2 RoP concerns the service of the statement of claim and, therefore, the proceedings on the merits. However, given the urgent nature of...

Decision on reimbursement of representation costs to the Defendant in appeal proceedings concerning the service of the statement of claim. (Article 69 UPCA, Rule 150 RoP, Rule 152 RoP, Rule 220 RoP) . Proportional reduction of attorney's fees by two-thirds (Art. 48 (4) UPCA.). Procedural issue did not require the...

Cross border jurisdiction of the UPC for Spain follows from the fact that Eurep is domiciled in a Contracting Member State of the UPCA, namely Germany (Article 4 Brussels, Article 71b(1) Brussels”). Jurisdiction pursuant to these provisions is not limited to acts of the defendant within the UPC Territory. The...

Rejection of preliminary objections confirmed by panel (R. 19 RoP, R. 333 RoP). The Court establishes (international) jurisdiction and competence based on the facts brought forward (Article 71b(2) Brussels, Article 28 Brussels). According to Art. 28 Brussels I recast regulation, the court has to decide on its...

Preliminary objections rejected (R. 19 RoP). International jurisdiction regarding defendant Hemtech, not domiciled in a Member State (Article 71(b)(2) Brussels). The fact that Honeywell did not (also) explicitly mention this paragraph 2 of Art. 71b Brussels I recast Regulation in the SoC, does not mean that...

Patent maintained in amended form (Article 65 UPCA), direct infringement (Article 25 UPCA). No stay infringement action because of pending opposition proceedings (R. 295(a) RoP) Not requested by the parties; the proceedings are already at an advanced stage (oral hearing imminent),  would have the effect of postponing...

Suspensive effect appeal rejected (R. 223 RoP). The Applicant has merely claimed that the sending of registered letters (part III of the impugned decision) would be impossible to revert and that the publication of a message on the website of the Applicant (part IV of the impugned decision) would entail "irreversible...

Permanent injunction by default judgement in infringement action, following preliminary measures of 31 July 2024 and appeal of 28 November 2025. Patent valid and infringed. (Article 25 UPCA) Earlier preliminary measures upheld by order of a permanent injunction, with the addition that total penalty be maximised ; (Art...

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Withdrawal of infringement action allowed (Rule 265 RoP).Costs incurred by the Defendants cannot be considered “exceptional” within the meaning of Art. 69(2) UPCA. The Defendants have acted as any cautious and reasonable defendant would have acted. Given the EPO procedural background, it was reasonable for the...

Rapid advances in AI, particularly generative large language models, challenge the effective enforcement of copyright, privacy and non-discrimination rights, creating legal uncertainty and disadvantaging the EU. Technological innovation must respect existing laws, while regulation must not stifle development. The EU...

Provisional injunction granted for UPC territory in view of the likelihood of infringement and validity (Article 62 UPCA, Article 25 UPCA, Article 34 UPCA,  R. 211(1)(b) RoP , Rule 206 RoP). Novelty (Article 54 EPC): None of the prior art documents disclose a single separate sensor assembly comprising all the features...

Provisional measures rejected. (Article 62 UPCA, Rule 206 RoP) . Auxiliary requests seeking provisional measures on amended versions of the patent rejected .(Rule 211 RoP, Rule 30 RoP). In view of the prior art, there are sufficient doubts as to whether claim 1 of the patent can be considered new and patentable under A...

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Patentability of “programs for computer” under (Article 52(2)(c) EPC) .  Artifical Neural Networks (ANN) are “programs for computers” . There is no reason to confine the term “computer” to conventional digital computers .  It is unreasonable to interpret the EPC in a way that ties its application to a particular...

Change of language of the proceedings into the language of the patent (English) allowed.  (Art. 49 (5) UPCA ,Rule. 323 RoP) . The need of several Defendants to communicate and coordinate the dispute should be given due consideration in addition to domiciliation of the parties. The drawback of speed and efficiency being...

Service of the Statement of claim by an alternative method permitted.  (R. 275.2 RoP). The publication of an order on the Court’s website, of which the Defendant has been notified via e-mail, constitutes good service on Defendant. 

Stada Arzneimittel, a pharmaceutical company in Germany, has brought an action against two Japanese pharmaceutical companies seeking the invalidation of the Danish supplementary protection certificate (SPC) for medicinal products. They hold a protection certificate for the ADHD medication “dexamfetamine”. The dispute...

Panel review of a judge rapporteur penalty order. (R. 333 RoP) . A penalty order may be issued by the Judge-rapporteur alone. (R. 354.4 RoP, R 1.2(a) RoP). Rule 354.4 RoP makes clear in its last sentence, that “after having heard both parties the Court may make an appropriate order which may be subject to an appeal...

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