Application for interim measures (R. 206 RoP) . R. 19.5 RoP shall apply mutatis mutandis to proceedings for provisional measures. A referral to the competent division is therefore also possible in such proceedings (Rule. 19.5 RoP).Competence of the divisions of the Court of First Instance is a UPC internal matter (Arti...

Application for suspensive effect of appeal rejected. (Article 74 UPCA , Rule 223 RoP). No obvious inaccuracy in the contested decision, obvious errors of law not proven .Windhager's concern over reputational harm from the recall, removal from distribution channels, and  destruction of its goods does not outweigh...

Patent valid and infringed Art. 25(a) UPCA.
It is irrelevant for direct patent infringement that the components are offered in a non-assembled state .The offering or supplying of all components already constitutes direct patent infringement. The individual sale of coordinated components constitutes direct infringement...

You are invited to join the UNION-IP Winter Roundtable in Munich on February 27, 2026, at the German Patent and Trade Mark Office (DPMA). We will have two panels analysing Strategic Timing and Late-Filed Submissions at the EPO and Courts, under the title “It’s all about timing”. 
 

Preliminary questions on communication to the public in a beauty salon: whether account should be taken of the floor area, the number of hairdressing chairs and waiting seats, and the presence of a relaxation area?

Appeal to change the language back to German dismissed. (Article 49(5) UPCA, R. 323.3 RoP.) A party must be able to fully understand what is submitted by a representative on its behalf and what is submitted by the other party. The Court of Appeal has consulted the panel of the Local Division by way of analogy with R...

Further confidentiality measures ordered (Rule 262A RoP). Protection extended to future submissions dealing with FRAND licence negotiations between parties to avoid identical orders after each submission. Covers if confidential information should be discussed in an oral hearing or repeated in a decision on the merits. ...

Panel review of a Judge Rapporteur order on the holding of an interim conference: Request to hold interim conference dismissed. (Rule 333 RoP, R.105 RoP). No scope for a review : Order contains a declaration of intent and does not stipulate that there will be no interim conference. Claimant seeks a different outcome...

Ex-parte order for inspection and preservation of evidence granted. (Article 60 UPCA, Rule 192 ,196 RoP). It is possible that the product "InverJet," as exhibited at the Aquanale trade fair in Cologne, makes use of the technical teaching of the patent.  (Art. 60 (1) EPC).  The applicant has referred to photographs...

Claim Interpretation main claim (Article 69 EPC).  If a dependent claim is only adding an additional feature that does not provide a more specific description of the features of the main claim, it generally argues against the possibility of drawing conclusions about the interpretation of the main claim from this...

General principles regarding inventive step (Article 56 EPC). Different approaches for assessing inventive step, like the problem-solution-approach or a more holistic approach,  are merely guidelines to assist in the establishment of inventive step […] that, when properly applied, should and generally do lead to the...

Like a claimant an appellant may also apply to withdraw an appeal (R. 265.1 RoP). Interest of an intervening party is not relevant. The intervener's appeal in this case is inadmissible pursuant to R. 360 RoP. If the intervener is prevented by the withdrawal of the main party's appeal from the scope of its appeal from...

Preliminary injunction set aside (Article 25 UPCA, Article 62 UPCA). More likely than not that the nonconductive fluid under feature 1.2 is not reproduced by the attacked embodiment. STEROS has failed to demonstrate that the attacked embodiment, namely the electropolishing medium EF 16-11 with solid particles, contains...

Relevance of the determination of the applicable law (Article 24 UPCA). With respect to infringements that have taken place or at least begun before the 1 June 2023, the different approaches outlined above will often lead to the same result, especially if/when the UPC – based on the extensive harmonisation – presumes...

The journalist published on the website of the online daily newspaper Gândul an article entitled ‘An original message from a teacher for parents who are thinking of giving her gifts at the start of the school year’. In the standfirst, the entire text published by the applicant in the main proceedings was reproduced...

Conditions for the protection of a design – Novelty – Individual character – Visual characteristics predetermined by a third party – Freedom of the designer in developing the design – Concept of ‘informed user’ – Influence of features linked to fashion trends. The owner or designer is not required to demonstrate that a...

Patents valid (Article 65 UPCA) but not infringed (Article 25 UPCA).Claim Interpretation (Article 69 EPC, Interpretation Protocol). Feature 1(h): No literal infringement: It follows from the strict, literal wording of the claim that the term “non-overlapping” is to be interpreted as not allowing any kind of overlap...

Subsequent requests for amendment of the patent rejected. (Rule 30(2) RoP). Application not sufficient to enable court’s to exercise discretion. Plaintiff's reasoning limited to general statements.The Plaintiff did not establish a connection between the amendments made in the auxiliary motions and specific arguments...

Application for suspensive effect appeal unfounded (R. 223 RoP, Article 74 UPCA). Lepu has failed to demonstrate that the Hamburg Local Division’s findings and considerations constitute manifest errors, i.e. factual findings or legal considerations that are clearly untenable even on the basis of a summary assessment...

Preliminary injunction granted (Article 62(1) UPCA). Sufficient proof of threat of imminent infringement with medical device (R. 206.2(c) RoP): by obtaining (and publicly announcing) CE-mark approval for the attacked embodiments after the necessary clinical evaluation, providing “ordering information” and announcing to...