Patent valid and infringed. (Article 25 UPCA).VALIDITY. Counterclaim for revocation unfounded : No added matter (Article 138 EPC). The Court cannot identify any relevant differences between the new translations of claim 1 (from Japanese) and the application as filed. Even if considering only the pure wording, the...

Exchange of further written pleadings partially allowed. (Rule 36 RoP). Claimant allowed to submit EPO’s preliminary opinion and a summary of the EPO’s reasoning until 21 November 2025. Submission of second test purchase rejected. The claimant does not sufficiently explain why the submission could not have been made...

Withdrawal of request for a discretionary review of order of the Milan LD (R. 220.3 RoP). R. 265 RoP applies to discretionary review requests mutatis mutandis. The withdrawal is permitted after a decision on Alpinestars’ request for a discretionary review became obsolete since the Milan LD, by order of 13 January 2026...

Application for ‘External Eyes Only’ confidentiality club rejected (R. 262A RoP). Inadmissible requests by intervener that do not support SUN PATENT’s appeal and requests (R. 313.2 RoP). Requests which go beyond the scope defined by the Court and beyond the mere support of existing requests are inadmissible. Trade...

Confirmation of registrar’s rejection of application to be entered on the list of representatives on the basis of R. 12.1 EPLC Rules (grandfather’s clause) after expiration of the one-year transitional period (Article 48(3) UPCA, R. 19 EPLC Rules). Neither the EPLC Rules themselves nor the application of said rules by...

Ex parte orders to preserve evidence and for inspection confirmed (R 197.3 RoP. R. 199 RoP). A double assessment determines the scope of review proceedings. First, the Court should assess whether it has “rightly” decided to issue the “ex parte” Order. The Court should then assess whether the Orders are to be confirmed...

No limitation on the use of information received pursuant to a court order to communicate information (Article 67 UPCA, R. 191 RoP.) without a confidentiality request under R. 262A RoP, which applies at least mutatis mutandis. This already follows from the fact that, according to R. 190.1, second sentence, RoP, the...

Follows from Order of 22 July 2025 by CFI CD containing enforceable penalty provisions, following an Order on injunctive relief issued by the Court of Appeal’s Order dated 30 April 2025. Order for the payment of penalty of EUR 150,000 for EoFlow’s non-compliance with obligations. (Article 62 UPCA, Article 82.4 UPCA, Ru...

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Following an order for preservation and inspection of evidence, the unredacted version of the detailed description provided by the expert is disclosed to the Applicant without giving the Defendant the opportunity to comment on confidentiality interests. (Article 60 UPCA, Rule 199, Rule 197, 196 RoP). Disclosure does...

Ex- Parte order for Preservation and inspection of evidence granted (Art. 60 UPCA, R 192,  R. 194 (d),  197, 199 RoP). Applicant has credibly demonstrated that the “disposable morcellator“, exhibited at the MEDICA exhibition in Düsseldorf, makes use of the teaching of the patent in suit . All features set out in claims...

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...