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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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2,390 decisions recorded
By order of 5 December 2023 (UPC_CFI_54/2023, App_589355/2023), the judge-rapporteur of the Hamburg Local Division set 8 November 2023 as the start of the period for Avago Technologies International Sales to respond to the counterclaim for revocation of EP 1 612 910…
Read the analysisBy an order of 5 December 2023 (UPC_CFI_2/2023, ACT_459746/2023, App_577241/2023), the Munich Local Division (judges Zigann, presiding, Pichlmaier, rapporteur, Kupecz and Enderlin, technically qualified) imposed on NanoString Technologies Inc., NanoString Technologies Germany GmbH and NanoString Technologies Netherlands B.V.
Read the analysisBy an order of the judge-rapporteur of the Milan Local Division (P.
Read the analysisBy procedural order of 4 December 2023 (UPC_CFI_363/2023, ORD_589353/2023), the presiding judge of the Düsseldorf Local Division, as judge-rapporteur, separated Seoul Viosys' infringement action against expert e-Commerce and expert klein, based on two patents (EP 3 926 698 and EP 3 223…
Read the analysisBy procedural order of 1 December 2023 (UPC_CFI_7/2023, ORD_581034/2023), the Düsseldorf Local Division decided, after hearing the parties and before the close of the written procedure, to hear both Franz Kaldewei's infringement action against Bette on EP 3 375 337 and the…
Read the analysisBy an order of 20 November 2023 (UPC_CFI_80/2023, ACT_465342/2023, App_577540/2023), panel 1 of the Munich Central Division (U. Voß, presiding, A. Kupecz, judge-rapporteur, P.
Read the analysisBy an order of 17 November 2023 (UPC_CFI_559935/2023), the judge-rapporteur of the Hamburg Local Division (S. Klepsch) upheld REEL GmbH's Preliminary objection and rejected Fives ECL, SAS's application for the UPC to determine the damages owed under a final judgment of the…
Read the analysisBy an order of 17 November 2023 (UPC_CFI_80/2023, ACT_465342/2023, App_584332/2023), the judge-rapporteur of panel 1 of the Munich Central Division (A. Kupecz) ruled on the request of Astellas Institute for Regenerative Medicine, claimant in the revocation action against EP 3 056 564,…
Read the analysisBy an order of 14 November 2023 (UPC_CFI_397/2023, App_583867/2023), the Paris Local Division (C. Lignières, presiding judge and judge-rapporteur, C.
Read the analysisBy an order of 13 November 2023 (UPC_CFI_255/2023, ACT_551308/2023, App_572915/2023), the judge-rapporteur of panel 2 of the Paris Central Division (P. Catallozzi) rejected the Preliminary objection of Edwards Lifesciences Corporation, which argued that Meril Italy srl's revocation action against EP 3 646…
Read the analysisBy order of 6 November 2023 (UPC_CoA_407/2023, App_584588/2023), the standing judge of the Court of Appeal, acting in extreme urgency, granted suspensive effect to Ocado Innovation's appeal against the order of the Nordic-Baltic Regional Division (ORD_573437/2023) that gave a third party access,…
Read the analysisBy order of 3 November 2023 (UPC_CFI_54/2023, App_577703/2023), the judge-rapporteur of the Hamburg Local Division finally decided the confidentiality application under Rule 262A RoP of Tesla Germany and Tesla Manufacturing Brandenburg, defendants in Avago Technologies International Sales' infringement action on EP 1…
Read the analysisBy order of 3 November 2023 (UPC_CFI_14/2023, ORD_584907/2023), the Munich Local Division, on the judge-rapporteur's proposal after consulting the panel (Rule 322 RoP), changed the language of Amgen's infringement action against Sanofi-Aventis Deutschland and others from German to English, the language in…
Read the analysisBy order of 30 October 2023 (UPC_CFI_252/2023, ORD_574057/2023), the judge-rapporteur of the Munich Central Division ordered NanoString Technologies Europe, claimant in the revocation action against President and Fellows of Harvard College's EP 2 794 928, to provide security for costs of EUR…
Read the analysisBy order of 27 October 2023 (UPC_CFI_22/2023, App_581626/2023), the judge-rapporteur of the Hamburg Local Division extended to 30 November 2023 Vizgen's time limit for its statement of defence in the infringement action on EP 4 108 782 brought by 10x Genomics and…
Read the analysisBy an order of 26 October 2023 (UPC_CFI_357/2023, App_578681/2023), the Munich Local Division (M. Zigann, T. Pichlmaier, A.
Read the analysisBy an order of 22 October 2024 (UPC_CFI_22/2023, ACT_460565/2023, ORD_49705/2024), the Hamburg Local Division (S. Klepsch, presiding judge and judge-rapporteur, S.
Read the analysisBy order of 18 October 2023 (UPC_CFI_177/2023, APP_552740/2023), the Düsseldorf Local Division ordered Revolt Zycling to pay a penalty of EUR 26,500 for breaching the injunction granted against it at myStromer's request by the provisional measures order of 22 June 2023 (ORD_526778/2023)…
Read the analysisBy order of 18 October 2023 (UPC_CFI_239/2023), the President of the Court of First Instance, having consulted the panel of The Hague Local Division, granted the application of Arkyne Technologies, defendant in the infringement action brought by Plant-e Knowledge and Plant-e on…
Read the analysisBy order of 17 October 2023 (UPC_CFI_11/2023, application 543819/2023), the judge-rapporteur of the Nordic-Baltic Regional Division granted a third party, whose name is redacted, access to the statement of claim in the infringement action brought by Ocado Innovation against Autostore AS and…
Read the analysisBy procedural order of 11 October 2023 (UPC_CFI_75/2023, ACT_464985/2023), the judge-rapporteur of the Munich section of the Central Division, in Astellas Institute for Regenerative Medicine's revocation action against EP 3 056 563 held by Healios, Riken and Osaka University, ruled that the…
Read the analysisBy procedural order of 11 October 2023 (UPC_CFI_80/2023, ORD_579545/2023, ACT_465342/2023), the judge-rapporteur of Panel 1 of the Munich Central Division (A. Kupecz), in Astellas Institute for Regenerative Medicine's revocation action against EP 3 056 564 held by Healios K.K and Osaka University,…
Read the analysisBy order of 4 October 2023 (UPC_CFI_278/2023, ACT_561734/2023), the judge-rapporteur of the Hamburg Local Division, in AGFA's infringement action on EP 3 388 490 against nine Gucci group companies, extended for all defendants the time limit for a preliminary objection to 6…
Read the analysisBy order of 4 October 2023 (UPC_CFI_252/2023, ACT_551180/2023), the judge-rapporteur of the Munich Central Division informed the parties that the preliminary objection lodged by President and Fellows of Harvard College, defendant to NanoString Technologies Europe's revocation action against EP 2 794 928…
Read the analysisBy order of 3 October 2023 (ORD_575878/2023, UPC_CFI_9/2023), the judge-rapporteur of the Munich Local Division ruled on the confidentiality requests made by Huawei Technologies in its infringement action against Netgear Inc., NETGEAR Deutschland and Netgear International on EP 3611989.
Read the analysisBy order of 27 September 2023 (UPC_CFI_62/2023), the judge-rapporteur of the Munich Local Division partly granted Koninklijke Philips' application under Rule 275.2 RoP to validate service of its statement of claim on Belkin International (United States), Belkin Limited and two of its…
Read the analysisBy order of 27 September 2023 (UPC_CFI_5/2023), the judge-rapporteur of the Munich Local Division ruled on Philips IP Ventures' application under Rule 275.2 RoP for several methods of serving its statement of claim on defendants based in the United States and the…
Read the analysisBy order of 27 September 2023 (UPC_CFI_240/2023, App_562298/2023), the judge-rapporteur of the Milan Local Division dismissed an application for access to the file made under Rule 262.1(b) RoP by a lawyer describing himself as counsel for Himson Engineering, a defendant not yet…
Read the analysisBy order of 25 September 2023, made on two identical joined applications (UPC_CFI_286/2023 and UPC_CFI_287/2023), the Milan Local Division allowed Progress Maschinen & Automation (PMA), without hearing the defendants, to carry out a simultaneous inspection and preservation of evidence at the premises…
Read the analysisBy order of 22 September 2023 (UPC_CFI_201/2023, APP_559862/2023), the judge-rapporteur of the Düsseldorf Local Division, in N.V. Nutricia's infringement action on EP 2 359 858 against Nestlé Health Science (Deutschland), postponed until the Statement of defence has been lodged the referral to…
Read the analysisBy order of 21 September 2023 (UPC_CFI_329/2023, application 574133/2023), the Brussels Local Division, sitting as a single standing judge (Rule 194.4 RoP), allowed without hearing the defendant the seizure, at a symposium in Knokke-Heist on 22 and 23 September 2023, of OrthoApnea's…
Read the analysisBy decision of 19 September 2023 (UPC_CFI_2/2023, App_528389/2023), the Munich Local Division, sitting as a panel of four including a technically qualified judge, ruled on the application for provisional measures brought by 10x Genomics and President and Fellows of Harvard College against…
Read the analysisBy order of 13 September 2023, pronounced orally at the hearing (UPC_CFI_182/2023, ACT_528738/2023), the Vienna Local Division dismissed CUP&CINO Kaffeesystem-Vertrieb's application for provisional measures against ALPINA Coffee Systems based on EP 3 398 487, relating to the production of milk foam.
Read the analysisBy decision of 8 September 2023 (UPC_CFI_11/2023, ACT_459791/2023), the Nordic-Baltic Regional Division permitted Ocado Innovation to withdraw its infringement action against Autostore AS and seven other Autostore group companies (EP 3 653 540), following a settlement and before all defendants had been…
Read the analysisBy order of 29 August 2023 (ORD_566193/2023, UPC_CFI_14/2023, ACT_459916/2023), the full panel of the Munich Local Division fixed the dates of service of Amgen's statement of claim in its infringement action on EP 3666797 against Sanofi-Aventis Deutschland, Sanofi-Aventis Groupe, Sanofi Winthrop Industrie…
Read the analysisBy order of 28 August 2023, the judge-rapporteur of the Helsinki Local Division, in AIM Sport Vision v Supponor (EP 3 295 663), organised the next steps in the main action and the provisional measures proceedings after the defendants filed a preliminary…
Read the analysisBy order of 28 August 2023 (UPC_CFI_249/2023), the presiding judge and judge-rapporteur of the Munich Local Division, seized by Edwards Lifesciences with an application for provisional measures against Meril GmbH and Meril Life Sciences based on EP 3 763 331, set an…
Read the analysisBy order of 24 August 2023 (UPC_CFI_1/2023, ACT_459505/2023), the judge-rapporteur of the Munich section of the Central Division rejected Amgen's preliminary objection to Sanofi's revocation action against EP 3 666 797.
Read the analysisBy order of 23 August 2023 (App_561742/2023, UPC_CFI_15/2023), the judge-rapporteur of the Munich Local Division extended to 2 November 2023 Meril GmbH's time limit for the defence in Edwards Lifesciences' infringement action on EP 3646825, aligning it with that of Meril Life…
Read the analysisBy order of 22 August 2023 (UPC_CFI_54/2023, ACT_463258/2023), the judge-rapporteur of the Hamburg Local Division rejected the application by Tesla Germany and Tesla Manufacturing Brandenburg to extend to 30 October 2023 their time limit for the defence in Avago Technologies International Sales'…
Read the analysisBy procedural order of 17 August 2023 (ORD_562104/2023, UPC_CFI_14/2023, ACT_459916/2023), the presiding judge and judge-rapporteur of the Munich Local Division brought order to the competing applications on calculation, extension and shortening of time limits filed by Amgen and by the Sanofi and…
Read the analysisBy procedural order issued on 16 August 2023 (ORD_562104/2023, UPC_CFI_14/2023, ACT_459916/2023), the presiding judge and judge-rapporteur of the Munich Local Division organised the handling of the competing applications to extend and shorten time limits filed by Amgen and by the Sanofi and…
Read the analysisBy order of 14 August 2023 (UPC_CFI_249/2023, App_560315/2023), the judge-rapporteur of the Munich Local Division, in Edwards Lifesciences' provisional measures proceedings against Meril GmbH and Meril Life Sciences based on EP 3 763 331, ruled that the application was deemed served on…
Read the analysisBy final decision of 10 August 2023 (App_557291/2023, UPC_CFI_15/2023), the judge-rapporteur of the Munich Local Division extended to 4 September 2023 Meril GmbH's time limit for a preliminary objection (Rule 19.1 RoP) in Edwards Lifesciences' infringement action on EP 3646825, confirming the…
Read the analysisBy procedural decision given on 2 August 2023 (UPC_CFI_239/2023, application 551178/2023), the judge of The Hague Local Division granted the request of Plant-e Knowledge and Plant-e, claimants in the infringement action on EP 2 137 782 against Arkyne Technologies, conducted in Dutch:…
Read the analysisBy procedural order of 28 July 2023 (UPC_CFI_14/2023, ORD_556750/2023), the judge-rapporteur of the Munich Local Division decided that Amgen's infringement action (EP 3 666 797) against Regeneron Pharmaceuticals, the fourth defendant, would not be severed from the action against the Sanofi companies.
Read the analysisBy order of 21 July 2023, made in proceedings no. 549585/2023 (UPC_CFI_241/2023), Oerlikon Textile's infringement action against Bhagat Group according to the UPC register, the judge-rapporteur of the Milan Local Division directed the Registry to serve the Statement of claim as provided…
Read the analysisBy order of 21 July 2023, made in proceedings no. 549550/2023 (UPC_CFI_240/2023), Oerlikon Textiles' infringement action against Himson Engineering, the judge-rapporteur of the Milan Local Division directed the Registry to serve the Statement of claim as provided in the Rules of Procedure,…
Read the analysisBy order of 17 July 2023 (case 214/2023), the single judge of the Helsinki Local Division, seized by AIM Sport Vision with an application for provisional measures based on EP 3 295 663 and included in the main action, invited Supponor Oy…
Read the analysisBy procedural order of 17 July 2023 (UPC_CFI_14/2023, ORD_551192/2023), the judge-rapporteur of the Munich Local Division severed Amgen's infringement action (EP 3 666 797) in so far as it was directed against Regeneron Pharmaceuticals, the fourth defendant, on which service by electronic…
Read the analysisBy procedural order of 10 July 2023 (UPC_CFI_2/2023, application 459746/2023), the judge-rapporteur of the Munich Local Division, in the provisional measures proceedings between 10x Genomics and NanoString, extended at the respondents' request of 7 July 2023 the time limits for written submissions…
Read the analysisBy procedural order of 6 July 2023 (UPC_CFI_2/2023, application 459746/2023), the judge-rapporteur of the Munich Local Division, in 10x Genomics' provisional measures proceedings against NanoString conducted in German, ruled under Rule 7.1 RoP that translations of exhibits in English need not be…
Read the analysisIn a short order of 6 July 2023, issued in German by the judge-rapporteur of the Munich Local Division in the provisional measures proceedings UPC_CFI_17/2023 (application no.
Read the analysisBy procedural order of 5 July 2023 (PR_ACT_536477/2023), the standing judge of the Paris Central Division, to whom the Registry had referred the matter under Rule 16.5 RoP in BITZER Electronics' revocation action against Carrier's EP 3 414 708, sent the proceedings…
Read the analysisBy procedural order of 5 July 2023, the judge-rapporteur of the Munich Local Division invited the claimant in action UPC_CFI_62/2023 (registered under the names of Koninklijke Philips and S.G.E.) to correct the deficiencies of its statement of claim in these proceedings as…
Read the analysisBy order of 3 July 2023 (UPC_CFI_177/2023, APP_543068/2023), the presiding judge of the Düsseldorf Local Division admitted to the file exhibits ASt 12 and ASt 13 filed by myStromer with its submission of 1 July 2023, in the provisional measures proceedings based…
Read the analysisBy order of 30 June 2023 (UPC_CFI_177/2023, APP_541204/2023), the Düsseldorf Local Division rejected myStromer's application under Rule 353 RoP to rectify the provisional measures order of 22 June 2023 against Revolt Zycling, based on EP 2 546 134, so as to extend…
Read the analysisBy supplementary order of 30 June 2023 (UPC_CFI_2/2023, application 459746/2023), the Munich Local Division, in 10x Genomics' provisional measures proceedings against three NanoString companies, corrected point 1 of its order of 23 June 2023: the arguments in the protective letter, written in…
Read the analysisBy procedural order of 29 June 2023, the Munich section of the Central Division admitted as exhibits to the statement for revocation the documents filed by Sanofi-Aventis Deutschland, Sanofi-Aventis Groupe and Sanofi Winthrop Industrie by way of a generic procedural application (No.
Read the analysisIn a procedural order of 27 June 2023, issued in German, the Munich Local Division asked the applicant, 10x Genomics, to upload to the CMS the exhibits to its application for provisional measures against NanoString (case 17/2023, application no.
Read the analysisBy procedural order of 27 June 2023 (UPC_CFI_2/2023, application 459746/2023), the Munich Local Division asked the applicants in the provisional measures proceedings between 10x Genomics and NanoString to upload to the CMS the exhibits to their application.
Read the analysisBy order of 26 June 2023, issued in Italian by the presiding judge and judge-rapporteur of the Milan Local Division in the infringement action UPC_CFI_57/2023 (Ocado Innovation v AutoStore), the Division directed the Registry to serve the Statement of claim on the…
Read the analysisBy decision of 11 September 2023 (UPC_CFI_57/2023), the Milan Local Division declared closed Ocado Innovation's infringement action against eight Autostore companies (EP 4 101 791), following the claimant's withdrawal of 3 August 2023, to which the defendants consented.
Read the analysisBy a procedural order issued in German in June 2023, the Munich Local Division set the timetable for 10x Genomics' application for provisional measures against NanoString (UPC_CFI_17/2023), filed on 1 June 2023.
Read the analysisBy procedural order of 23 June 2023 (UPC_CFI_2/2023, application 459746/2023), the Munich Local Division set the course of the provisional measures proceedings brought on 1 June 2023 by 10x Genomics and President and Fellows of Harvard College against three NanoString companies on…
Read the analysisBy order of 22 June 2023 (UPC_CFI_177/2023, application 525740/2023), made on the day the application was filed and without hearing the respondent first, the Düsseldorf Local Division prohibited Revolt Zycling from offering, placing on the market, using, importing or possessing in Germany,…
Read the analysisBy order of 16 June 2023 (UPC_CFI_75/2023, ACT_464985/2023), the presiding judge of panel 1 of the Paris Central Division referred to the Munich section the revocation action brought on 1 June 2023 by Astellas Institute for Regenerative Medicine against EP 3 056…
Read the analysisBy order of 16 June 2023, the presiding judge of panel 1 of the Paris Central Division referred to the Munich section the revocation action brought on 1 June 2023 by Astellas Institute for Regenerative Medicine against EP 3 056 564 B1,…
Read the analysisBy procedural order of 13 June 2023 (proceedings no. 498862/2023), the standing judge of the Milan Local Division declined to decide herself the application to preserve evidence, presented as extremely urgent, filed by Oerlikon Textile GmbH & Co KG against Himson Engineering…
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