Hybridgenerator v Infotech Concept (CoA, 4 June 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

The 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 preservation of evidence concerning EP 4 238 202, and referred the matter back for decision by a panel. The ruling lays down a simple rule: ordering payment of a penalty is a matter for the panel, not the single judge.

Question

May a single judge decide a request to order payment of periodic penalties under Rule 354.4 once evidence preservation proceedings are over?

Decision

The evidence preservation proceedings ended after the review. Earlier steps could be taken by a single judge under Rules 193 and 194 (paragraphs 16 to 19). The court distinguished setting the amount of the penalty (Rule 354.3), which requires no panel, from imposing it (Rule 354.4), which the panel decides after hearing the parties (paragraphs 21 to 24).

The composition is explicit in Rule 354.4, and no agreement of the parties to a single judge (Rule 345.6) was shown (paragraph 25). The respondents’ challenge to the unappealed order of 4 September 2024 failed (paragraph 26). Exceptional circumstances justified referral back (paragraph 28), there was no costs decision (paragraph 29).

Key points for practice

• A request for payment of a penalty must go to the panel unless the parties agree to a single judge (paragraphs 24 and 25).
• Setting the amount of a penalty and ordering its payment follow different rules on composition (paragraphs 21 and 23).

Provisions applied

Agreement on a Unified Patent Court

Arts 8(7) and 75(1)

Rules of Procedure

Rules 194.3, 264, 345.6, 354.3 and 354.4

Case law cited

Belkin v Philips, Court of Appeal, 2 June 2025, UPC_CoA_845/2024 and UPC_CoA_50/2025

Related decisions

• Hybridgenerator v HGSystem, 26 August 2024, order for preservation of evidence and inspection.
• Hybridgenerator v HGSystem, 3 March 2025, contested single-judge order.

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.