Decisions of the Unified Patent Court recorded under "Luxembourg (LU)" 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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545 decisions recorded
By order of 14 January 2025 (UPC_CoA_651/2024), the second panel of the Court of Appeal, on discretionary review, set aside the order of the judge-rapporteur of the Mannheim Local Division of 16 October 2024, which had required Total Semiconductor to provide EUR…
Read the analysisBy order of 13 January 2025 (UPC_CoA_690/2024), the Court of Appeal permitted Valeo Electrification to withdraw its application for provisional measures based on EP 3 320 604 against Magna group companies (UPC_CFI_368/2024), pending the appeal against the Düsseldorf Local Division’s order of…
Read the analysisBy order of 13 January 2025 (UPC_CoA_689/2024, APL_60971/2024), the Court of Appeal permitted Valeo Electrification to withdraw its action (ACT_37931/2024, UPC_CFI_347/2024) against three Magna companies while their appeal against the Düsseldorf Local Division's provisional measures order of 31 October 2024 on EP…
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_769/2024), the judge-rapporteur of the Court of Appeal held that A. Menarini Diagnostics’ confidentiality request in Insulet’s appeal against the Milan Local Division’s refusal of provisional measures (EP 4 201 327) was superfluous.
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 analysisBy order of 9 January 2025 (UPC_CoA_611/2024), the Court of Appeal ordered that 60% of the court fees for the appeal be refunded to DISH Technologies and Sling TV, who had lodged and then withdrawn an appeal against the Mannheim Local Division…
Read the analysisBy an order of 9 January 2025 (UPC_CoA_769/2024), the judge-rapporteur of the Court of Appeal (Judge Rombach) dismissed A. Menarini Diagnostics' request to extend to 30 December 2024 the time limit for its statement of response, in Insulet's appeal against the Milan…
Read the analysisBy an order of 8 January 2025 (UPC_CoA_621/2024), the Court of Appeal (panel 1a) granted MediaTek leave to intervene in support of Xiaomi in Daedalus Prime's appeal against a Hamburg Local Division order on access by its US attorneys to confidential information…
Read the analysisBy order of 27 December 2024 (UPC_CoA_523/2024), the judge-rapporteur of the Court of Appeal relieved Syngenta of the need to translate Exhibit FF25, a German-language document filed with its Statement of response in Sumi Agro’s appeal against an order of the Munich…
Read the analysisBy order of 23 December 2024 (UPC_CoA_826/2024), the standing judge of the Court of Appeal granted Microsoft’s application for Exhibit BP 01, filed with its request for discretionary review in its dispute with Suinno Mobile & AI Technologies Licensing (EP 2 671…
Read the analysisBy order of 23 December 2024 (UPC_CoA_826/2024), the standing judge of the Court of Appeal rejected Microsoft’s request for discretionary review of the Paris Central Division’s order of 26 November 2024 granting Suinno Mobile & AI Technologies Licensing leave to reduce the…
Read the analysisIn an order of 20 December 2024 (UPC_CoA_402/2024), the Court of Appeal dismissed Alexion’s appeal against the Hamburg Local Division’s refusal to grant provisional measures against Samsung Bioepis’s marketing of Epysqli®, a biosimilar of Soliris® (eculizumab), under EP 3 167 888.
Read the analysisIn an order of 20 December 2024 (UPC_CoA_405/2024), the Court of Appeal dismissed Alexion’s appeal against the Hamburg Local Division’s refusal to grant provisional measures against Amgen’s marketing of BEKEMV®, a biosimilar of Soliris® (eculizumab), under EP 3 167 888.
Read the analysisIn an order of 19 December 2024 (UPC_CoA_523/2024), made in Sumi Agro’s appeal against the Munich Local Division’s order for provisional measures of 27 August 2024 (EP 2 152 073), the Court of Appeal ruled on the admissibility of new evidence under…
Read the analysisIn an order of 17 December 2024 (UPC_CoA_810/2024), the standing judge of the Court of Appeal rejected Curio Bioscience’s application for suspensive effect against the Düsseldorf Local Division’s order of 3 December 2024, which required it to provide security of €200,000 for…
Read the analysisBy an order of 11 December 2024 (UPC_CoA_520/2024, APL_51079/2024), the judge-rapporteur of the Court of Appeal rejected the application by Hand Held Products, Inc., respondent in Scandit AG's appeal against the Munich Local Division's provisional measures order of 27 August 2024 (EP…
Read the analysisIn an order of 11 December 2024 (UPC_CoA_719/2024), the Court of Appeal partly suspended the preliminary injunction granted on 31 October 2024 by the Düsseldorf Local Division against the Magna companies in favour of Valeo Electrification (EP 3 320 602).
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 analysisBy order of 3 December 2024 (UPC_CoA_297/2024, APL_32012/2024), the Court of Appeal (second panel, presided over by R. Kalden) set aside the order for provisional measures made by the Munich Local Division on 21 May 2024 in favour of Dyson against SharkNinja…
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 28 November 2024 (UPC_CoA_490/2024, APL_47391/2024, App_61227/2024), the Court of Appeal (second panel, presided over by R. Kalden) closed by a decision by default the appeal against the order for provisional measures made by The Hague Local Division on 31…
Read the analysisBy order of 27 November 2024 (UPC_CoA_651/2024, APL_59329/2024), the standing judge of the Court of Appeal (I.
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 a decision of 12 November 2024, given in the joined appeals UPC_CoA_489/2023 and UPC_CoA_500/2023, the Court of Appeal held that only a national action brought during the transitional period prevents the withdrawal of an opt-out under Article 83(4) UPCA.
Read the analysisBy order of 1 November 2024 (UPC_CoA_520/2024, APL_51079/2024, App_57474/2024), the judge-rapporteur of the Court of Appeal (E. Gougé), in Scandit's appeal against the Munich Local Division's order of 27 August 2024 granting Hand Held Products provisional measures for indirect infringement of claims…
Read the analysisIn an order of 29 October 2024 (UPC_CoA_549/2024), the Court of Appeal granted partial suspensive effect to Belkin’s appeal against the Munich Local Division’s decision on the merits of 13 September 2024 finding infringement of Philips’ EP 2 867 997.
Read the analysisBy order of 21 October 2024 (UPC_CoA_297/2024, APL_32012/2024, App_55674/2024), the Court of Appeal (second panel: R. Kalden, presiding, I.
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 15 October 2024 (UPC_CoA_570/2024), the standing judge of the Court of Appeal dismissed Microsoft’s request for discretionary review of the Paris Central Division’s order of 16 September 2024.
Read the analysisBy order of 9 October 2024 (UPC_CoA_297/2024, APL_32012/2024, App_52471/2024), the Court of Appeal (second panel: R. Kalden, presiding, I.
Read the analysisIn an order of 9 October 2024 (UPC_CoA_584/2024), the Court of Appeal refused EOFlow’s request to expedite its appeal against the order of 24 September 2024 of the Milan Central Division, which had declined to join Insulet’s application for provisional measures against…
Read the analysisIn an order of 9 October 2024 (UPC_CoA_586/2024), the standing judge of the Court of Appeal dismissed as inadmissible Suinno’s request for discretionary review of the Paris Central Division’s order of 30 September 2024 requiring it to provide security for Microsoft’s costs…
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 analysisIn an order of 30 September 2024 (UPC_CoA_543/2024, UPC_CoA_544/2024 and UPC_CoA_545/2024), a standing judge of the Court of Appeal rejected the request for discretionary review lodged by six Xiaomi companies, defendants to three infringement actions brought by Panasonic before the Mannheim Local…
Read the analysisIn an order of 27 September 2024 (UPC_CoA_217/2024, UPC_CoA_219/2024 and UPC_CoA_221/2024), the Court of Appeal notified Network System Technologies that, should it fail to provide within three weeks the security for Audi’s costs ordered on 17 September 2024, the Court of First…
Read the analysisBy order of 27 September 2024 (UPC_CoA_218/2024, UPC_CoA_220/2024 and UPC_CoA_222/2024), the Court of Appeal (second panel: R. Kalden, presiding and rapporteur, I.
Read the analysisIn an order of 25 September 2024 (UPC_CoA_182/2024), the Court of Appeal dismissed the appeal of Mammut Sports Group AG and Mammut Sports Group GmbH against the Düsseldorf Local Division’s order of 9 April 2024, which had upheld the provisional measures granted…
Read the analysisIn an order of 24 September 2024 in three joined appeals (UPC_CoA_298/2024, UPC_CoA_299/2024 and UPC_CoA_300/2024), the Court of Appeal dismissed the appeals of Guangdong OPPO Mobile Telecommunications and OROPE Germany against the Mannheim Local Division’s orders of 16 May 2024 refusing to…
Read the analysisBy an order of 18 September 2024 (UPC_CoA_349/2024, APL_38206/2024), the second panel of the Court of Appeal (R. Kalden, presiding judge and judge-rapporteur, I.
Read the analysisIn an order of 18 September 2024 (UPC_CoA_354/2024), the Court of Appeal set aside the order of the President of the Court of First Instance of 18 June 2024 and ruled that the infringement action brought in German by Ona Patents before…
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 an order of 6 September 2024 (UPC_CoA_489/2024), the standing judge of the Court of Appeal rejected Motorola Mobility's request for discretionary review of the Munich Local Division's order of 6 August 2024, which had refused it leave to change its claim…
Read the analysisBy an order of 6 September 2024, made in the three joined appeals UPC_CoA_464/2024, UPC_CoA_457/2024 and UPC_CoA_458/2024, the judge-rapporteur of the Court of Appeal rejected the requests of Meril Italy, Meril GmbH and Meril Life Sciences to expedite their appeals against the…
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 order of 5 September 2024 (UPC_CoA_207/2024, APL_24598/2024), the Court of Appeal dismissed Advanced Bionics' appeal against the order of the President of the Court of First Instance of 15 April 2024, which had refused to replace German with English, the language…
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 analysisBy order of 26 August 2024 (UPC_CoA_328/2024, APL_36389/2024, App_45255/2024), the Court of Appeal (Kalden, Simonsson, Rombach, Faget, Papa) ordered Ballinno, appellant against orders of the Hamburg Local Division dismissing its application for provisional measures on EP 1 944 067, to provide security…
Read the analysisBy order of 22 August 2024 (UPC_CoA_364/2024, APL_39133/2024, UPC_CoA_393/2024, APL_40020/2024), the President of the Court of Appeal (K. Grabinski) dismissed as unfounded the application for review brought by a German patent attorney, whose name is redacted, against the Registrar's decision of 4…
Read the analysisIn a procedural order of 21 August 2024 (UPC_CoA_354/2024), the judge-rapporteur of the Court of Appeal rejected the reply filed by the Apple companies, appellants against the order of the President of the Court of First Instance of 18 June 2024 refusing…
Read the analysisBy order of 21 August 2024 (UPC_CoA_469/2024, APL_45142/2024, App_47039/2024), standing judge I.
Read the analysisIn an order of 21 August 2024 (UPC_CoA_469/2024), the standing judge of the Court of Appeal dismissed the request for discretionary review filed by AYLO PREMIUM, AYLO FREESITES and AYLO Billing against a confidentiality order of the Mannheim Local Division of 22…
Read the analysisIn an order of 21 August 2024 (UPC_CoA_454/2024) the Court of Appeal dismissed Microsoft’s request for discretionary review of the order of the judge-rapporteur of the Paris Central Division of 2 July 2024, which had refused to reject as manifestly inadmissible the…
Read the analysisIn an order of 19 August 2024 (UPC_CoA_388/2024), the Court of Appeal granted suspensive effect to the appeal of Sibio Technology and Umedwings Netherlands against the provisional measures ordered on 19 June 2024 by The Hague Local Division in favour of Abbott…
Read the analysisIn an order of 6 August 2024 (UPC_CoA_335/2024), the Court of Appeal, sitting in a panel different from the one that had ruled, rejected as inadmissible the application for rehearing filed by 10x Genomics and President and Fellows of Harvard College against…
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 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 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 a procedural order of 30 July 2024 (UPC_CoA_405/2024), the Court of Appeal rejected Alexion’s request to expedite its appeal against the Hamburg Local Division’s order refusing provisional measures against nine Amgen group companies under EP 3 167 888.
Read the analysisBy order of 30 July 2024 (UPC_CoA_402/2024, APL_40470/2024), the Court of Appeal rejected Alexion Pharmaceuticals' request to expedite its appeal against the Hamburg Local Division's dismissal of its application for provisional measures against Samsung Bioepis NL on EP 3 167 888.
Read the analysisBy order of 29 July 2024 (UPC_CoA_1/2024, APL_8/2024), the judge-rapporteur of the Court of Appeal referred to the judge-rapporteur of the Munich Local Division the application for the determination of costs filed by the Hanshow companies following the Court of Appeal's order…
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 analysisIn an order of 26 July 2024 (UPC_CoA_382/2024), the presiding judge and judge-rapporteur of the Second Panel of the Court of Appeal rejected Abbott Diabetes Care’s requests to revisit an order of 23 July 2024.
Read the analysisBy order of 23 July 2024 (UPC_CoA_177/2024, APL_20002/2024), the Court of Appeal (K. Grabinski, presiding, P.
Read the analysisBy order of 12 July 2024 (UPC_CoA_328/2024), the Court of Appeal (R. Kalden, presiding, I.
Read the analysisIn an order of 11 July 2024 (UPC_CoA_354/2024), given in German, the Court of Appeal rejected Apple’s request to expedite its appeal against the order of the President of the Court of First Instance of 18 June 2024 refusing to change the…
Read the analysisBy an order of 7 July 2024 (UPC_CoA_301/2024, APL_33746/2024, App_40131/2024), the second panel of the Court of Appeal (R. Kalden, presiding and judge-rapporteur, I.
Read the analysisBy order of 5 July 2024 (UPC_CoA_234/2024), the Court of Appeal permitted 10x Genomics to withdraw its appeal against the order of the Düsseldorf Local Division which had partly rejected its application for provisional measures against Curio Bioscience (EP 2 697 391),…
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 order of 20 June 2024 (UPC_CoA_234/2024), the Court of Appeal rejected Curio Bioscience's Rule 262A RoP application in the appeal brought by 10x Genomics against the Düsseldorf Local Division's order on provisional measures (EP 2 697 391).
Read the analysisBy an order of 19 June 2024 (UPC_CoA_301/2024, APL_33746/2024, App_35055/2024), the Court of Appeal rejected ICPillar LLC's application for suspensive effect against the Paris Local Division's order of 21 May 2024 (UPC_CFI_495/2023) requiring it to provide EUR 400,000 as security for costs…
Read the analysisBy order of 17 June 2024 (UPC_CoA_221/2024), the presiding judge and judge-rapporteur of the Court of Appeal allowed Audi to lodge an additional written pleading in its appeal against the Munich Local Division's refusal to order Network System Technologies (NST) to provide…
Read the analysisBy an order of 17 June 2024 (UPC_CoA_218/2024, APL_25922/2024, App_34189/2024), the judge-rapporteur of the Court of Appeal, Rian Kalden, allowed Volkswagen AG to lodge an additional written pleading in its appeal against the Munich Local Division's refusal (UPC_CFI_514/2023) to order Network System…
Read the analysisBy order of 17 June 2024 (UPC_CoA_220/2024, APL_25924/2024), the judge-rapporteur of the Court of Appeal allowed Volkswagen AG, appellant against a Munich Local Division order of 23 April 2024 (UPC_CFI_515/2023, EP 1 552 399) refusing it security for costs against Network System…
Read the analysisBy order of 17 June 2024 (UPC_CoA_217/2024, APL_25919/2024), the judge-rapporteur of the Court of Appeal allowed Audi AG, appellant against a Munich Local Division order of 23 April 2024 (UPC_CFI_514/2023, EP 1 875 683) refusing it security for costs against Network System…
Read the analysisBy order of 17 June 2024 (UPC_CoA_219/2024, APL_25923/2024), the judge-rapporteur of the Court of Appeal allowed Audi AG, appellant against a Munich Local Division order of 23 April 2024 (UPC_CFI_515/2023, EP 1 552 399) refusing it security for costs against Network System…
Read the analysisBy order of 17 June 2024 (UPC_CoA_222/2024, APL_25928/2024), the judge-rapporteur of the Court of Appeal allowed Volkswagen AG, appellant against a Munich Local Division order of 23 April 2024 (UPC_CFI_513/2023, EP 1 552 669) refusing it security for costs against Network System…
Read the analysisBy order of 4 June 2024 (UPC_CoA_183/2024), the Court of Appeal refused Daedalus Prime's application to withdraw its appeal in relation to Xiaomi Technology Netherlands and Xiaomi Technology Germany only.
Read the analysisBy an order of 4 June 2024 (UPC_CoA_205/2024, APL_24585/2024, App_31209/2024), the Court of Appeal rejected Nera Innovations Ltd's request to withdraw its appeal in part, as against Xiaomi Technology Netherlands B.V.
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…
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