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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Cost decision on the reimbursability of costs in PI proceedings (Article. 69 UPCA, Rule. 150, 151, 152 RoP). Costs incurred in PI proceedings are reimbursable separately. The decision on the reimbursability of costs is to be taken in a uniform cost procedure following the proceedings on the merits. The ceilings for PI...

Freedom of expression – Civil sanctions imposed on a publisher for printing a photo of a well-known politician and his family alongside a photo of the family of Nazi politician Joseph Goebbels in the satirical section of a weekly magazine. The domestic courts were required to balance the publisher’s right to freedom of...

The CJEU held that a national remuneration scheme imposing a levy on storage media sold to professional purchasers is compatible with the InfoSoc Directive, provided that a rebuttable presumption exists. Producers, importers, or distributors may be required to pay fair compensation unless they demonstrate that the...

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WTO members must not frustrate the patent owner’s ability to exercise the exclusive rights conferred on it (Article 28.1 TRIPS) by another WTO Member […], i.e. to prevent third parties not having the patent owner's consent from making, using, offering for sale, selling, or importing the patented products. ASI policy...

Lego brought an action before the General Court against EUIPO’s decision declaring its registered Community design for a toy building block invalid, following a request by Qman Toys for lack of individual character. EUIPO found that the design produced the same overall impression as an earlier design. The General Court...

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Application for suspensive effect dismissed. (Rule 223 RoP). Amazon has not established that irreversible harm is imminent and that not ordering suspensive effect would render the appeal-at-hand devoid of purpose. Enforcement (Rule. 354.4 RoP). The risk that the court may initiate penalty proceedings of its own motion ...

Confirmed ex-parte interim measure (R. 209.4 RoP, R. 212.3 RoP) prohibiting anti-suit injunctions or equivalent measures preventing pursuing patent infringement proceedings before UPC based on their European patents subject to the jurisdiction of the UPC (Article 56 UPCA). 

Withdrawal of the appeal against revocation permitted, proceedings closed.  (Rule. 370 RoP). R. 370.9 (b) RoP has been amended from 1 January 2026, providing for reimbursement of court fees with 50 % in case of the withdrawal of an action before the closure of the written procedure instead of, as previously, 60 %. The...

The EU General Court, like EUIPO, refuses the application for a motion mark showing the opening and closing of a window, because the sign merely represents a technical functional process. The essential characteristics of the sign are technically necessary to achieve a result, such as ventilation and stability. Article...

Appeal rejected: patent revocation upheld.  Late filed new grounds for invalidity in first instance Defence to application to amend . (Rule 32 RoP, Rule. 263 RoP) . Defence to the Application to amend the patent does not provide an opportunity to introduce new grounds of invalidity in relation to the patent, such as...

Request for discretionary review of procedural order dismissed. (Rule 220 RoP). A request for discretionary review can only be allowed after the other party has been heard pursuant to R. 220.4 Rop. If allowed, this sets in motion a procedural appeal under a procedural appeal under R. 220.2 RoP. 

Limited access to written pleadings and evidence granted to law firm (Rule. 262. RoP). The documents shall be redacted of personal data prior to making them available. A law firm is also  a member of the public within the meaning of R. 262.1 (b) RoP. Commercial interests with the application does not preclude an...