Decisions of the Court of First Instance of the Unified Patent Court

These decisions are recorded in UPC Litigation Watch, the Unified Patent Court case law database maintained by Dhenne Avocats. Every entry links to the official decision.

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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.

1,845 decisions recorded

OCADO INNOVATION v AUTOSTORE (CFI, 8 September 2023)

8 September 2023 CFI / Nordic Baltic Regional Division / Infringement Action Decision with commentary

By 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…

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Amgen v Sanofi-Aventis Deutschland (CFI, 29 August 2023)

29 August 2023 CFI / Munich (DE) Local Division / Infringement Action Decision with commentary

By 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…

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AIM Sport Vision v Supponor (CFI, ORD_567559/2023, 28 August 2023)

28 August 2023 CFI / Helsinki (FI) Local Division / Procedural Order Decision with commentary

By 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…

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Edwards Lifesciences v Meril (CFI, 28 August 2023)

28 August 2023 CFI / Munich (DE) Local Division / Application for provisional measures Decision with commentary

By 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…

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Amgen v Sanofi-Aventis Deutschland (CFI, 24 August 2023)

24 August 2023 CFI / Munich (DE) Central Division - Section / Preliminary objection Decision with commentary

By 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.

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Edwards Lifesciences v Meril (CFI, 23 August 2023)

23 August 2023 CFI / Munich (DE) Local Division / Infringement Action Decision with commentary

By 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…

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Avago Technologies International Sales v Tesla Germany (CFI, 22 August 2023)

22 August 2023 CFI / Hamburg (DE) Local Division / Infringement Action Decision with commentary

By 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'…

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Amgen v Sanofi-Aventis Deutschland (CFI, 17 August 2023)

17 August 2023 CFI / Munich (DE) Local Division / Infringement Action Decision with commentary

By 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…

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Amgen v Sanofi-Aventis Deutschland (CFI, 16 August 2023)

16 August 2023 CFI / Munich (DE) Local Division / Infringement Action Decision with commentary

By 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…

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Edwards Lifesciences v Meril (CFI, 14 August 2023)

14 August 2023 CFI / Munich (DE) Local Division / Application for provisional measures Decision with commentary

By 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…

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Meril v Edwards Lifesciences (CFI, 10 August 2023)

10 August 2023 CFI / Munich (DE) Local Division / Infringement Action Decision with commentary

By 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…

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Plant-e Knowledge v Arkyne Technologies (CFI, 3 August 2023)

3 August 2023 CFI / The Hague (NL) Local Division / Infringement Action Decision with commentary

By 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:…

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Amgen v Sanofi-Aventis Deutschland (CFI, 28 July 2023)

28 July 2023 CFI / Munich (DE) Local Division / Infringement Action Decision with commentary

By 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.

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Oerlikon Textile v Bhagat Group (CFI, 21 July 2023)

21 July 2023 CFI / Milan (IT) Local Division / Infringement Action Decision with commentary

By 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…

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Oerlikon Textiles v Himson Engineering (CFI, 21 July 2023)

21 July 2023 CFI / Milan (IT) Local Division / Infringement Action Decision with commentary

By 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,…

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AIM Sport Vision v Supponor (CFI, 17 July 2023)

17 July 2023 CFI / Helsinki (FI) Local Division / Application for provisional measures Decision with commentary

By 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…

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Amgen v Sanofi-Aventis Deutschland (CFI, 17 July 2023)

17 July 2023 CFI / Munich (DE) Local Division / Infringement Action Decision with commentary

By 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…

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10x Genomics v NanoString (CFI, 10 July 2023)

10 July 2023 CFI / Munich (DE) Local Division / Application for provisional measures Decision with commentary

By 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…

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10x Genomics v NanoString (CFI, UPC_CFI_2/2023, 6 July 2023)

6 July 2023 CFI / Munich (DE) Local Division / Application for provisional measures Decision with commentary

By 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…

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BITZER Electronics v Carrier (CFI, 5 July 2023)

5 July 2023 CFI / Paris (FR) Central Division - Seat / Revocation Action Decision with commentary

By 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…

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Koninklijke Philips v S.G.E (CFI, 5 July 2023)

5 July 2023 CFI / Munich (DE) Local Division / Infringement Action Decision with commentary

By 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…

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myStromer v Revolt Zycling (CFI, 3 July 2023)

3 July 2023 CFI / Düsseldorf (DE) Local Division / Application for provisional measures Decision with commentary

By 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…

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myStromer v Revolt Zycling (CFI, 30 June 2023)

30 June 2023 CFI / Düsseldorf (DE) Local Division / Application for provisional measures Decision with commentary

By 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…

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10x Genomics v NanoString (CFI, UPC_CFI_2/2023, 30 June 2023)

30 June 2023 CFI / Munich (DE) Local Division / Application for provisional measures Decision with commentary

By 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…

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Sanofi-Aventis Deutschland v Amgen (CFI, 29 June 2023)

29 June 2023 CFI / Munich (DE) Central Division - Section / Revocation Action Decision with commentary

By 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.

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10x Genomics v NanoString (CFI, UPC_CFI_17/2023, 27 June 2023)

27 June 2023 CFI / Munich (DE) Local Division / Application for provisional measures Decision with commentary

In 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.

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10x Genomics v NanoString (CFI, UPC_CFI_2/2023, 27 June 2023)

27 June 2023 CFI / Munich (DE) Local Division / Application for provisional measures Decision with commentary

By 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.

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OCADO INNOVATION v AUTOSTORE (CFI, UPC_CFI_57/2023, 26 June 2023)

26 June 2023 CFI / Milan (IT) Local Division / Infringement Action Decision with commentary

By 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…

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10x Genomics v NanoString (CFI, UPC_CFI_2/2023, 23 June 2023)

23 June 2023 CFI / Munich (DE) Local Division / Application for provisional measures Decision with commentary

By 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…

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myStromer v Revolt Zycling (CFI, ORD_526778/2023, 22 June 2023)

22 June 2023 CFI / Düsseldorf (DE) Local Division / Application for provisional measures Decision with commentary

By 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,…

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OERLIKON TEXTILE v Himson Engineering (CFI, 13 June 2023)

13 June 2023 CFI / Milan (IT) Local Division / Application for provisional measures Decision with commentary

By 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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