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...

Unredacted version of the expert’s description following an order for inspection and preservation of evidence disclosed to the applicant. (Article 60 UPCA, Rule 196, Rule 194, 199 RoP). Respondent has not asserted confidentiality interests with regard to the information contained in the description provided by the...

Preliminary Injunction granted (Article 62 UPCA, Rule 211 RoP, Rule 209 RoP). The application for provisional measures can be decided on the applicant’s submissions by a regular order in the PI proceedings . If the defendant does not lodge an objection within the time period set by the Court or decides not to...

Withdrawal of infringement proceedings granted with parties’ consensus. Confidentiality pertaining to confidential settlement information maintained.  (Rule 265 RoP , Rule 262.2 RoP)

Patent partially revoked for lack of inventive step , to the extent it covers more than auxiliary request III, with claims 5 and 6 remaining unchanged. (Article 56 EPC, Rule 25 RoP, Rule 30 RoP). There is no lack of clarity in the amended claim 1 in which the numerical value of the angle (40° - 60°) has been changed (A...

Interim costs decision of CD Milan dated 22 July 2025 confirmed as final and binding decision. (Rule 150 RoP, Rule 151 RoP, Article 69 UPCA). Party requesting cost compensation must indicate exactly which cost item it is requesting payment for to allow the judge to carry out the review provided for in Rule 156 RoP  and...

Request to stay proceedings pending EPO opposition rejected. As a general principle, the Court will not stay proceedings, otherwise, the Court cannot ensure that the final oral hearing will take place within a reasonable time. (R. 295 RoP). An exception to the principle that the Court will not stay revocation...

Patent maintained in the form of the third Auxiliary Request (Article 65 UPCA). Appropriate to limit the revocation assessment to a maximum of different documents to challenge the novelty and to argue for non-inventiveness (R. 44 RoP, R. 104 RoP). The Court holds that the attacks not identified by bioMérieux as (most)...

Further exchange of written pleadings allowed (Rule 36 RoP) . Claimant permitted to respond to Defendant’s arguments regarding noninfringement and FRAND.