Decisions of the Unified Patent Court recorded under "Appeal RoP220.2" in UPC Litigation Watch, the case law database maintained by Dhenne Avocats.
UPC decisions and orders since 1 June 2023. “Decision with commentary” means the entry contains an analysis by Dhenne Avocats. “Summary available” identifies a summary; “Reference” identifies a record without a detailed case note. Open the entry for the source and, where available, the facts, reasoning and practical implications. The official decision is authoritative.
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74 decisions recorded
The Court of Appeal sets aside two orders of the judge-rapporteur of the Paris Central Division, which had declined jurisdiction and referred to the Düsseldorf Local Division the infringement action brought by Valeo Systèmes d'Essuyage against six Bosch group companies, including a…
Read the analysisThe Court of Appeal dismisses the appeal of six Bosch group companies against the order of the Paris Local Division rejecting their preliminary objection to jurisdiction in the action for infringement of EP 4 144 599 brought by Valeo Systèmes d'Essuyage.
Read the analysisIn an order of 1 June 2026 (UPC_CoA_48/2026), the Court of Appeal dismisses La Siddhi Consultancy's appeal against the order of the Milan Central Division of 13 March 2026, which had required it to provide security of EUR 75,000 for the costs…
Read the analysisBy order of 15 May 2026 (UPC_CoA_50/2026), the judge-rapporteur of the Court of Appeal, after consulting the presiding judge of the first panel, ordered that the oral hearing of 26 May 2026 be conducted in English, without calling into question French as…
Read the analysisIn an order of 30 April 2026 (UPC_CoA_1/2026), the Court of Appeal dismisses as wholly inadmissible Adobe's immediate appeal against the Paris Local Division's order of 19 December 2025 setting at EUR 50,000 the security for costs to be provided by KEEEX…
Read the analysisIn an order of 30 March 2026 (UPC_CoA_12/2026), the Court of Appeal sets aside the orders of the Mannheim Local Division of 27 November 2025 and 16 January 2026 and allows Amazon to take notes of the audio recording of a hearing…
Read the analysisIn an order of 18 March 2026 (UPC_CoA_930/2025), the UPC Court of Appeal dismissed EOFlow Co., Ltd.'s appeal against the Milan Central Division order of 4 December 2025 (UPC_CFI_1167/2025), which had refused to treat as confidential under Rule 262.2 business information disclosed…
Read the analysisBy an order of 16 March 2026 (UPC_CoA_904/2025 and UPC_CoA_905/2025), the Court of Appeal dismissed Vivo's appeals against two orders of the Paris Local Division of 30 October 2025 which, in Sun Patent Trust's infringement actions (EP 3 407 524 and EP…
Read the analysisThe Court of Appeal dismisses Huawei’s appeals against the orders of the Munich Local Division of 28 November 2025 granting TP-Link access to written pleadings in the closed actions between Huawei and Netgear concerning the patent asserted against TP-Link (paras.
Read the analysisThe Court of Appeal declares admissible the appeal lodged by Valeo Systèmes d’Essuyage under Rule 220.2 RoP against the order of the judge-rapporteur of the Paris Central Division of 23 December 2025.
Read the analysisThe Court of Appeal holds inadmissible the appeal by EOFlow Co., Ltd. against the order of the Milan Central Division of 4 December 2025 (UPC_CFI_1167/2025), which, at the request of Insulet Corporation, had imposed penalty payments of EUR 150,000 for non-compliance with…
Read the analysisAccess by an employee of the opposing party is necessary where the confidential licence agreements are those on which the patent holder bases its arguments on FRAND terms, a central aspect of the case (para.
Read the analysisBeing an employee of a party is not in itself a ground for refusing access to highly confidential information (para. 27). Excluding employees would severely restrict the party’s freedom to choose who represents it and would compromise its right to an effective…
Read the analysisThe Court of Appeal disposes, under Rule 360 RoP, of the procedural appeal brought by Viatris Santé against the order of the Paris Local Division of 29 October 2025 (UPC_CFI_697/2025), which had disregarded late-filed exhibits in provisional measures proceedings brought by Merz…
Read the analysisThe Court of Appeal orders, without hearing TP-Link, that Huawei’s appeals have suspensive effect for the duration of the proceedings and that TP-Link is not to have access to the pleadings covered by the order of the Munich Local Division of 28…
Read the analysisThe Court of Appeal sets aside the order of the Mannheim Local Division requiring Kodak to pay EUR 100,000 for failing to comply with the information, destruction, recall and removal orders in the decision on the merits of 2 April 2025 (EP…
Read the analysisThe pleas that the Court’s jurisdictional framework is incompatible with EU law, and that the absence of a London section of the Central Division infringes the right to a tribunal established by law, are rejected.
Read the analysisBy order of 9 July 2025 (UPC_CoA_431/2025, APL_23095/2025), the Court of Appeal (Judges Grabinski, Blok and Gougé) reversed the Hamburg Local Division's refusal and ordered JingAo Solar, the Chinese claimant in the infringement action under EP 4 092 759, to provide the…
Read the analysisBy order of 9 July 2025 (UPC_CoA_430/2025, APL_23093/2025), the Court of Appeal (Judges Grabinski, Blok and Gougé) held inadmissible Chint New Energy Technology's appeal against the Munich Local Division judge rapporteur's order of 5 May 2025 requiring it to provide security for…
Read the analysisBy order of 3 July 2025, the Court of Appeal rejects both Network System Technologies’ (NST) appeal and Qualcomm’s cross-appeal against the Munich Local Division’s order of 26 February 2025, given in three infringement actions concerning three patents (appeals UPC_CoA_221/2025 to 223/2025…
Read the analysisBy order of 23 June 2025, the Court of Appeal dismisses Sumi Agro’s appeal against the Munich Local Division’s order of 11 March 2025 refusing to revoke the provisional measures granted to Syngenta on the basis of EP 2 152 073 (UPC_CoA_286/2025).
Read the analysisBy an order of 20 June 2025 (UPC_CoA_393/2025), the Court of Appeal (Judges Kalden, presiding and judge-rapporteur, Simonsson and Rombach) held that Article 69(4) UPCA does not allow a claimant in an infringement action to obtain security for costs from the defendant.
Read the analysisThe Court of Appeal upheld the Munich Local Division's refusal to extend retroactively the one-month period under Rule 151 within which Hanshow had to apply for the costs of the provisional measures proceedings it won against VusionGroup (EP 3 883 277).
Read the analysisThe Court of Appeal set aside the order of 3 March 2025 by which a single judge of the Copenhagen Local Division had declined, on the present basis, to order HGSystem and Infotech to pay the penalties attached to an order for…
Read the analysisThe Court of Appeal dismissed XSYS's appeal and confirmed that the UPC has competence over alleged infringing acts committed before the Agreement entered into force on 1 June 2023 and during the period in which the patent was opted out before the…
Read the analysisBy order of 30 May 2025, the Court of Appeal rules on Belkin’s appeal and Koninklijke Philips’ cross-appeal against the Munich Local Division’s order of 17 December 2024, which had imposed a penalty payment of EUR 46,000 on Belkin for late compliance…
Read the analysisBy decision of 14 April 2025 (UPC_CoA_150/2025, APL_8326/2025), the Court of Appeal (Judges Kalden, presiding and judge-rapporteur, Simonsson and Rombach) reversed the order of the Milan Central Division of 3 February 2025 and granted Stadapharm access to Accord Healthcare's statement of claim…
Read the analysisBy order of 11 April 2025 (UPC_CoA_169/2025), the Court of Appeal dismisses the appeal by the TGI group companies (formerly Supponor) against the Helsinki Local Division’s orders of 11 and 19 February 2025.
Read the analysisBy order of 3 March 2025, the Court of Appeal permits Curio Bioscience to withdraw its appeal (Rule 220.2) against the Düsseldorf Local Division’s order of 3 December 2024 requiring it to provide security for costs of EUR 200,000 in 10x Genomics’…
Read the analysisAccess by a person to highly confidential information is assessed in light of that person’s role in the proceedings before the Court, the relevance of the information to that role and the trust the person inspires (para.
Read the analysisBy an order of 11 February 2025 (UPC_CoA_563/2024), the Court of Appeal dismissed Suinno Mobile & AI Technologies Licensing’s appeal against the Paris Central Division’s order of 16 September 2024 declaring inadmissible its confidentiality application under Rule 262A RoP against Microsoft.
Read the analysisBy order of 9 January 2025 (UPC_CoA_584/2024), the Court of Appeal disposed of EOFlow’s appeal as devoid of purpose. The appeal challenged the Milan Central Division’s order of 24 September 2024 refusing to join Insulet’s application for provisional measures against EOFlow (EP…
Read the analysisBy order of 9 January 2025 (UPC_CoA_480/2024 and UPC_CoA_481/2024), the Court of Appeal dismissed Abbott Diabetes Care’s appeal against two orders of The Hague Local Division of 29 July 2024 granting Powell Gilbert, acting as a member of the public, access to…
Read the analysisIn an order of 10 December 2024 (UPC_CoA_470/2023), given in German, the Court of Appeal set aside the Munich Local Division’s order of 5 December 2023 imposing a penalty payment of €100,000 on the NanoString companies for breach of a preliminary injunction…
Read the analysisIn an order of 29 November 2024 (UPC_CoA_548/2024), the Court of Appeal dismissed Aarke’s appeal against the Düsseldorf Local Division’s refusal to order SodaStream Industries, a claimant established in Israel, to provide security for costs under Rule 158 (EP 1 793 917).
Read the analysisBy order of 21 November 2024 (UPC_CoA_456/2024, APL_44633/2024), the Court of Appeal (K. Grabinski, presiding, P.
Read the analysisIn an order of 21 November 2024 (UPC_CoA_511/2024), the Court of Appeal set aside the Nordic-Baltic Regional Division’s refusal to stay Edwards Lifesciences’ infringement action against Meril (EP 3 769 722) pending the EPO opposition, and referred the case back to the…
Read the analysisIn an order of 15 October 2024 (CoA_PC 01/2024), given in French on the written procedure, the Court of Appeal declared inadmissible the appeal brought by Photon Wave, an intervener at first instance, against procedural order ORD_41423/2024 issued on 24 July 2024…
Read the analysisIn an order of 4 October 2024 (UPC_CoA_2/2024), the Court of Appeal, sitting as a panel of five presided over by Klaus Grabinski, dismissed Meril’s appeal against the order of the Munich Local Division of 19 December 2023, which had ordered Meril…
Read the analysisBy an order of 18 September 2024 (UPC_CoA_265/2024, UPC_CoA_267/2024, UPC_CoA_270/2024, UPC_CoA_275/2024, UPC_CoA_277/2024 and UPC_CoA_279/2024), the second panel of the Court of Appeal (R.
Read the analysisIn an order of 18 September 2024 in six joined appeals (UPC_CoA_264/2024, 266/2024, 269/2024, 272/2024, 276/2024 and 284/2024), the Court of Appeal dismissed Audi’s appeals against orders of the Munich Local Division rejecting its preliminary objection and its Rule 361 requests in…
Read the analysisBy order of 17 September 2024 (UPC_CoA_218/2024, UPC_CoA_220/2024 and UPC_CoA_222/2024), the Court of Appeal (R. Kalden, presiding and judge-rapporteur, I.
Read the analysisBy an order of 17 September 2024 (UPC_CoA_227/2024), the Court of Appeal partly set aside the order of the Paris Central Division of 2 May 2024 and stayed the revocation action brought by Nokia Technology against Mala Technologies' EP 2 044 709…
Read the analysisIn an order of 17 September 2024 in three joined appeals (UPC_CoA_217/2024, UPC_CoA_219/2024 and UPC_CoA_221/2024), the Court of Appeal set aside the Munich Local Division’s orders of 23 April 2024 and ordered Network System Technologies to provide security for Audi’s costs of…
Read the analysisBy order of 16 September 2024 (UPC_CoA_301/2024, APL_33746/2024), the Court of Appeal (R. Kalden, presiding and judge-rapporteur, I.
Read the analysisBy order of 5 September 2024 (UPC_CoA_106/2024, APL_12739/2024), the Court of Appeal (K. Grabinski, presiding, P.
Read the analysisBy an order of 3 September 2024 (UPC_CoA_188/2024), the Court of Appeal, sitting as a panel of five judges, dismissed the appeal of AYLO Premium, AYLO Billing and AYLO Freesites against the rejection of their preliminary objection by the judge-rapporteur of the…
Read the analysisIn an order of 5 August 2024 (UPC_CoA_86/2024), the Court of Appeal dismissed Panasonic Holdings’ appeal against the order of the Mannheim Local Division of 9 February 2024 (UPC_CFI_223/2023, EP 2 207 270).
Read the analysisIn an order of 6 August 2024 (UPC_CoA_205/2024), the Court of Appeal dismissed Nera Innovations’ appeal against the order of the Hamburg Local Division of 24 April 2024 (UPC_CFI_173/2024, EP 2 642 632), which had refused service of the statement of claim…
Read the analysisIn an order of 5 August 2024 (UPC_CoA_183/2024), the Court of Appeal dismissed Daedalus Prime’s appeal against the order of the Hamburg Local Division of 18 April 2024 (UPC_CFI_169/2024, EP 2 792 100), which had refused service of the statement of claim…
Read the analysisBy order of 29 July 2024 in the joined appeals UPC_CoA_69/2024 and UPC_CoA_70/2024, the Court of Appeal dismissed NEC Corporation's appeals against two orders of the Munich Local Division (ORD_6237/2024 and ORD_6607/2024) refusing alternative service on three TCL companies based in China…
Read the analysisBy order of 21 June 2024 (UPC_CoA_227/2024), the judge-rapporteur of the Court of Appeal declared inadmissible Mala Technologies' request to stay the revocation action brought by Nokia Technology before the Paris Central Division (EP 2 044 709, in force for Germany only)…
Read the analysisBy an order of 4 June 2024 (UPC_CoA_79/2024, APL_9578/2024), the Court of Appeal dismissed Neo Wireless GmbH & Co KG's appeal against the Paris Central Division's order of 9 February 2024 (UPC_CFI_361/2023), which had rejected its preliminary objection to jurisdiction in Toyota…
Read the analysisBy an order of 28 May 2024 (UPC_CoA_22/2024, APL_3507/2024), the Court of Appeal, presided over by Klaus Grabinski, dismissed Carrier Corporation's appeal against the Paris Central Division's order of 8 January 2024 (UPC_CFI_263/2023), which had refused to stay BITZER Electronics A/S's revocation…
Read the analysisBy order of 3 April 2024, issued in five joined appeals (UPC_CoA_433/2023, UPC_CoA_435/2023, UPC_CoA_436/2023, UPC_CoA_437/2023 and UPC_CoA_438/2023), the Court of Appeal dismissed the appeal of Juul Labs International, Inc.
Read the analysisBy order of 11 March 2024 (UPC_CoA_36/2024, APL_4881/2024), the Court of Appeal partly set aside the order of the Munich Local Division of 18 January 2024, under which the period for Netgear to respond to the extension of Huawei's infringement action to…
Read the analysisBy order of 11 March 2024 (UPC_CoA_44/2024, APL_5395/2024), the Court of Appeal partly set aside the order of the Munich Local Division of 18 January 2024, under which the period for Netgear to respond to the extension of Huawei's infringement action to…
Read the analysisBy order of 8 February 2024 (UPC_CoA_404/2023, App_584498/2023), the Court of Appeal held that a member of the public requesting access to documents on the register under Rule 262.1(b) RoP must be represented before the UPC, and gave him 14 days to…
Read the analysisBy procedural order of 11 December 2023 (UPC_CoA_404/2023, App_584498/2023), the judge-rapporteur of the Court of Appeal set the course of Ocado Innovation's appeal against the order of the Nordic-Baltic Regional Division of 17 October 2023 granting a member of the public access…
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