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TIRU v MAGUIN (CFI, 22 July 2025)

Date22 July 2025
CourtCFI
DivisionParis (FR) Local Division
Type of actionGeneric application
Registry referenceApp_31180/2025 · ORD_33141/2025
PartiesTIRU

Official decision (PDF) · UPC registry entry

Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.

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Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 22 July 2025 (UPC_CFI_132/2025), the Paris Local Division (Presiding Judge Lignières as judge-rapporteur, Judges Gillet and Lopes, and technically qualified Judge Fulconis) joined TIRU’s infringement actions against MAGUIN and against VALINEA ENERGIE, based on EP 3 178 578 (waste incineration plant), under number UPC_CFI_130/2025. It referred the counterclaims for revocation to the Paris Central Division, already seised of a revocation action by VEOLIA PROPRETE, but declined at this stage to stay the infringement proceedings. A parallel order (ORD_33136/2025) was issued the same day in the action against VALINEA ENERGIE.

Question

How should a Local Division handle counterclaims for revocation where the Central Division is already seised of a revocation action against the same patent on almost identical grounds?

Decision

Both actions concern the same patent and the same allegedly infringing kiln, with parallel defences and challenges to the saisies: joining them serves sound case management (Rule 302.3 RoP, the request based on Rule 340 RoP being requalified). Weighing the interests at stake in light of the efficiency and fair trial principles in the preamble to the Rules, the panel notes that the Central Division was seised first and that VEOLIA PROPRETE’s grounds almost entirely overlap with the counterclaims. Only the counterclaims are referred (Article 33(3)(b) UPCA). The infringement action proceeds without a stay: TIRU must reply by 11 August 2025 on the basis of the version of the patent it seeks to have amended unconditionally before the Central Division. The panel will take into account the claim construction adopted there (Article 69 EPC) and may still stay the case (Rule 295(m) RoP) or give a conditional decision (Rule 118.2 RoP).

Key points for practice

Provisions applied

Agreement on a Unified Patent Court
Art. 33(3)
Rules of Procedure
Rules 28, 37.4, 37.5, 118.2, 220.2, 295(m) and 302.3
European Patent Convention
Art. 69
Case law cited
Court of Appeal, UPC_CoA_335/2023 and UPC_CoA_1/2024

Related decisions

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.


Going further

Lexicon: Written procedure (UPC), Court fees and costs (UPC).

Source and translations

Official source
Unified Patent Court registry link recorded in the record
Original language
not recorded
Translation available
no translation recorded the firm’s French record is a summary, not a translation
Date checked
not recorded
Only the official text is authoritative. A machine translation is never presented as official, republishing a third-party document requires a verified basis in rights, and a link to the source is preferred.

Follow this case

Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.

Proceedings

No case number recorded in this record.

Parties

Exact name as it appears in the record, group affiliation only where sourced and dated.

Decisions in the same proceedings and documented appeals

No other decision in the corpus bears the same case number, and no appeal is documented in the corpus to date.

What the record states

Nature of the act
Generic application
Outcome (Dhenne Avocats summary)
La division locale joint les actions contre MAGUIN et VALINEA ENERGIE, renvoie les demandes reconventionnelles en nullité à la division centrale, saisie la première, et refuse à ce stade de surseoir à statuer sur la contrefaçon.
Appeal
No appeal documented in the corpus, this does not mean that no appeal was lodged.
Instance
First-instance decision, whether it has become final is not recorded.

Patents mentioned

Related decisions cited in the analyses

Scope: Dhenne Avocats corpus. Registry-based links are marked “official number”; links derived from the analyses are marked as such. An erroneous link can be withdrawn without deleting any record.

Patents and standards

PublicationRole in the disputeFamilyStandard and declarationPoolSources
EP 3 178 578Mentioned in the analysis (role not qualified)
Also mentioned in 8 other decision(s): VEOLIA PROPRETE v TIRU (CFI, 18 March 2026) · TIRU v VEOLIA PROPRETE (CoA, 13 July 2026) · MAGUIN v TIRU (CoA, 15 July 2025) · VALINEA ENERGIE v TIRU (CoA, 15 July 2025) · TIRU v MAGUIN (CFI, 24 March 2025) · TIRU v VALINEA ENERGIE (CFI, 24 March 2025) · TIRU v VALINEA ENERGIE (CFI, 23 December 2024) · TIRU v MAGUIN (CFI, 23 December 2024)
not recordednot recordednot recordedEspacenet
link checked on 30 October 2026
mentioned in: Dhenne Avocats analysis
The statuses “asserted in litigation”, “declared essential”, “listed by a pool” and “essentiality examined by a court” are distinct and may coexist. Validity, infringement and technical essentiality are different questions. Scope: patents cited in the decisions of the Dhenne Avocats corpus, with no essentiality score or prediction.

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