Appeals

Decisions of the Unified Patent Court recorded under "Appeals" in UPC Litigation Watch, the case law database maintained by Dhenne Avocats.

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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.

523 decisions recorded

Netflix Services Germany v DivX (CoA, UPC_CoA_176/2026, 2 November 2026)

2 November 2026 CoA / Luxembourg (LU) / Application Rop 223 Decision with commentary

In an order of 2 November 2026 (UPC_CoA_176/2026 and UPC_CoA_177/2026), the Court of Appeal dismisses Netflix’s application for suspensive effect of its appeal against the decision of the Munich Local Division of 15 September 2026, which found it liable for indirect infringement…

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Netflix Services Germany v DivX (CoA, UPC_CoA_177/2026, 2 November 2026)

2 November 2026 CoA / Luxembourg (LU) / Application Rop 223 Decision with commentary

In an order of 2 November 2026 (UPC_CoA_176/2026 and UPC_CoA_177/2026), the Court of Appeal dismisses Netflix’s application for suspensive effect of its appeal against the decision of the Munich Local Division of 15 September 2026, which found it liable for indirect infringement…

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Appellant v Amycel (CoA, UPC_CoA_935/2025, 2 November 2026)

2 November 2026 CoA / Luxembourg (LU) / Appeal RoP220.1 Decision with commentary

In a decision of 2 November 2026 (UPC_CoA_935/2025), the Court of Appeal, presided over by Klaus Grabinski, sets aside the decision by default given on 21 October 2025 by The Hague Local Division against a defendant established in Poland, together with the…

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Hybridgenerator v HGSystem (CoA, UPC_CoA_172/2026, 29 October 2026)

29 October 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

In an order of 29 October 2026 (UPC_CoA_169/2026 to UPC_CoA_172/2026), the standing judge of the Court of Appeal dismissed Hybridgenerator’s application for suspensive effect of its appeal against the costs decision of the Copenhagen Local Division of 17 September 2026, which ordered…

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Hybridgenerator v HGSystem (CoA, UPC_CoA_171/2026, 29 October 2026)

29 October 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

In an order of 29 October 2026 (UPC_CoA_169/2026 to UPC_CoA_172/2026), the standing judge of the Court of Appeal dismissed Hybridgenerator’s application for suspensive effect of its appeal against the costs decision of the Copenhagen Local Division of 17 September 2026, which ordered…

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Hybridgenerator v HGSystem (CoA, UPC_CoA_170/2026, 29 October 2026)

29 October 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

In an order of 29 October 2026 (UPC_CoA_169/2026 to UPC_CoA_172/2026), the standing judge of the Court of Appeal dismissed Hybridgenerator’s application for suspensive effect of its appeal against the costs decision of the Copenhagen Local Division of 17 September 2026, which ordered…

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Hybridgenerator v HGSystem (CoA, UPC_CoA_169/2026, 29 October 2026)

29 October 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

In an order of 29 October 2026 (UPC_CoA_169/2026 to UPC_CoA_172/2026), the standing judge of the Court of Appeal dismissed Hybridgenerator’s application for suspensive effect of its appeal against the costs decision of the Copenhagen Local Division of 17 September 2026, which ordered…

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Amazon Web Services v Nixu FL IP Protection (CoA, 21 October 2026)

21 October 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

By an order of 21 October 2026 (UPC_CoA_181/2026), the standing judge of the Court of Appeal, Emmanuel Gougé, denied the request for discretionary review under Rule 220.3 RoP lodged by Amazon Web Services, Inc., Amazon Web Services EMEA SARL, AWS European Sovereign…

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Barco v Yealink (CoA, 16 October 2026)

16 October 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

In a decision of 16 October 2026 (UPC_CoA_145/2026), given without an oral hearing with the parties’ consent (Article 52(3) UPCA), the Court of Appeal dismissed Barco’s appeal against the order of the Brussels Local Division of 17 August 2026, which had refused…

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Fives ECL v REEL (CoA, 14 October 2026)

14 October 2026 CoA / Luxembourg (LU) / Generic Decision with commentary

By an order of 14 October 2026 (UPC_CoA_42/2026), the judge-rapporteur of the UPC Court of Appeal, seised by REEL of an application for the protection of its confidential information under Rule 262A RoP, granted interim confidentiality protection pending a decision on the…

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Promosome v BioNTech (CoA, 12 October 2026)

12 October 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

By an order of 12 October 2026 in appeals UPC_CoA_146/2026, UPC_CoA_147/2026 and UPC_CoA_148/2026, the UPC Court of Appeal refused to extend by one month the time limit for Promosome LLC and The Scripps Research Institute to lodge their statements of grounds of…

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Kodak v Fujifilm (CoA, 12 October 2026)

12 October 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

By an order of 12 October 2026 (UPC_CoA_312/2025), the UPC Court of Appeal extended until 23 October 2026 the time limit for Kodak GmbH, Kodak Graphic Communications GmbH and Kodak Holding GmbH to lodge their written comments on the application for rehearing…

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Network System v Qualcomm (CoA, UPC_CoA_71/2026, 9 October 2026)

9 October 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

By an order of 9 October 2026 in UPC_CoA_68/2026, UPC_CoA_69/2026, UPC_CoA_71/2026 and UPC_CoA_72/2026, the UPC Court of Appeal refused to re-establish Network System Technologies’ right to appeal against the Munich Local Division’s orders of 11 March 2026 (UPC_CFI_63/2024, UPC_CFI_64/2024 and UPC_CFI_65/2024).

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SIDEL PARTICIPATIONS v OMNIA (CoA, 21 September 2026)

21 September 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

The Court of Appeal dismissed Sidel's appeal against the order of the judge-rapporteur of the Paris Central Division rejecting its preliminary objection. It held that the question whether an action for a declaration of non-infringement can be filed before grant of the…

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Heraeus Electronics v Vibrantz (CoA, 16 September 2026)

16 September 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

By decision of 16 September 2026, given in the joined appeals UPC_CoA_919/2025 (infringement action) and UPC_CoA_920/2025 (counterclaim for revocation), the Court of Appeal held the cross-appeals of Heraeus Electronics and Vibrantz against the Munich Local Division's decision of 10 October 2025 on…

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Dainese v Alpinestars (CoA, 10 September 2026)

10 September 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

By order of 10 September 2026 (UPC_CoA_97/2026), the judge-rapporteur of the Court of Appeal rejected the request by Alpinestars, Alpinestars Research and Motocard Bike under Rule 361 RoP to declare manifestly inadmissible Dainese's appeal against the Milan Local Division's decision of 21…

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Surf Loch v WhiteWater West Industries (CoA, 4 September 2026)

4 September 2026 CoA / Luxembourg (LU) / Generic Order Decision with commentary

By decision of 4 September 2026 (UPC_CoA_92/2026), the Court of Appeal dismissed the request by Surf Loch, a non-party, for access to the pleadings and evidence in the appeal brought by American Wave Machines (UPC_CoA_75/2026) against the default decision of the Paris…

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Kodak v Fujifilm (CoA, 31 August 2026)

31 August 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

The UPC Court of Appeal refuses to give suspensive effect to the application for rehearing filed by Fujifilm Corporation against its decision of 2 June 2026, which had upheld Kodak’s private prior use defence and dismissed the infringement action based on EP…

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Hurom v NUC Electronics (CoA, 28 August 2026)

28 August 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

In a decision of 28 August 2026 (UPC_CoA_678/2025), the Court of Appeal dismissed Hurom's appeal against the Paris Local Division's decision of 23 May 2025, which had revoked the Dutch, French, German and Italian parts of EP 3 155 936 (a juice…

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SharkNinja Operating v Groupe SEB France (CoA, 21 August 2026)

21 August 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

By order of 21 August 2026 (UPC_CoA_61/2026), the Court of Appeal set aside the Paris Local Division's order of 10 April 2026 refusing SharkNinja Operating provisional measures based on EP 3 689 198, and ordered the Groupe SEB companies, in France and…

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NUNA International v CYBEX (CoA, 21 August 2026)

21 August 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

By order of 21 August 2026 (UPC_CoA_135/2026), the Court of Appeal dismissed the application by Nuna International and Allison for suspensive effect of their appeal against the Hamburg Local Division's provisional measures order of 10 August 2026, granted to Cybex on EP…

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AorticLab v Emboline (CoA, 17 August 2026)

17 August 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

In an order of 17 August 2026, given in the joined files UPC_CoA_40/2026 and UPC_CoA_123/2026, the Court of Appeal rejects Emboline's request under Rule 333 RoP for review of its clarification order of 16 July 2026 on how a conditional counterclaim for…

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Network System v Qualcomm (CoA, UPC_CoA_69/2026, 17 August 2026)

17 August 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

In an order of 17 August 2026 issued in the joined appeals UPC_CoA_69/2026, UPC_CoA_71/2026 and UPC_CoA_72/2026, the UPC Court of Appeal rejected as inadmissible the appeals of Network System Technologies LLC (NST) against the Munich Local Division's dismissal of its requests for…

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Knaus Tabbert v Yellow Sphere Innovations (CoA, 17 August 2026)

17 August 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

In a final decision of 17 August 2026, given in the joined appeals UPC_CoA_365/2025 (infringement) and UPC_CoA_367/2025 (counterclaim for revocation), the Court of Appeal rules on Knaus Tabbert AG's appeal against the Düsseldorf Local Division's decision of 10 April 2025 on EP…

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Sibio v Abbott Diabetes Care (CoA, 14 August 2026)

14 August 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

In a decision of 14 August 2026 (UPC_CoA_884/2025), the UPC Court of Appeal dismissed Sibio Technology Limited's appeal against the Paris Central Division decision rejecting its revocation action against Abbott Diabetes Care Inc.'s EP 3 831 283, which concerns an on-body glucose…

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Kodak v Fujifilm (CoA, 3 August 2026)

3 August 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

By order of 3 August 2026 (UPC_CoA_28/2026), the Court of Appeal sets aside the Mannheim Local Division’s orders of 20 and 30 January 2026, which had ordered three Kodak companies jointly to pay penalties of EUR 1,720,000 for failing to comply with…

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Xiaomi v Nera Innovations (CoA, 3 August 2026)

3 August 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

By order of 3 August 2026, given in German in the joined appeals UPC_CoA_692/2025 and UPC_CoA_854/2025, the Court of Appeal allows Nera Innovations Ltd and four Xiaomi companies to withdraw their appeals against the Hamburg Local Division’s decision of 10 July 2025…

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Advanced Brain Monitoring v Koninklijke Philips (CoA, 22 July 2026)

22 July 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

By order of 22 July 2026, issued in the joined appeals UPC_CoA_63/2026 and UPC_CoA_64/2026, the judge-rapporteur of the Court of Appeal declined to rule in advance on the admissibility of eleven new auxiliary requests filed by Advanced Brain Monitoring with its statement…

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Fives ECL v REEL (CoA, 17 July 2026)

17 July 2026 CoA / Luxembourg (LU) / Generic Order Decision with commentary

In an order of 16 July 2026 (UPC_CoA_42/2026), in Fives ECL's appeal against the Hamburg decision of 11 February 2026 on its damages claim (EP 1 740 740), the Court of Appeal ruled on confidentiality and language.

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FUJIFILM v Kodak (CoA, 17 July 2026)

17 July 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

By order of 17 July 2026, the Court of Appeal set aside the costs ruling of the Paris Central Division of 14 July 2025 and ordered Kodak, S.A. to bear the costs at both instances of the revocation action it had brought…

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Siemens Healthcare v Hologic (CoA, 17 July 2026)

17 July 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

In a decision of 17 July 2026 (UPC_CoA_94/2026), the Court of Appeal permitted Siemens Healthineers and its affiliates to withdraw an application for suspensive effect lodged by mistake in the appeal file concerning the counterclaim for revocation, the intended application having then…

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Lionra v Cisco Systems (CoA, 17 July 2026)

17 July 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

In a decision of 17 July 2026 (UPC_CoA_360/2025), the Court of Appeal, following a settlement, permitted Lionra to withdraw its appeal against the Hamburg Local Division's decision of 19 February 2025 (EP 2 201 740), held that Cisco's cross-appeal is deemed withdrawn…

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Emboline v AorticLab (CoA, 16 July 2026)

16 July 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

In an order of 16 July 2026 (UPC_CoA_40/2026, EP 2 129 425), the judge-rapporteur of the Court of Appeal clarified how a counterclaim for revocation made conditional on a finding of infringement operates.

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Applicant v Registrar (CoA, 16 July 2026)

16 July 2026 CoA / Luxembourg (LU) / Petition for review of Registrar's decision Decision with commentary

In an order of 16 July 2026, the President of the Court of Appeal rejected an anonymised applicant's petition for review of the Registrar's decision of 26 January 2026 refusing to confirm his registration on the list of representatives entitled under Art.

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Applicant v Registrar (CoA, 16 July 2026, doc. 2)

16 July 2026 CoA / Luxembourg (LU) / Petition for review of Registrar's decision Decision with commentary

By order of 16 July 2026, the President of the Court of Appeal dismissed a petition by a European patent attorney, whose identity is not published, against the Registrar's decision of 26 January 2026 refusing to enter him on the list of…

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AIM Sport Development v TGI Sport Suomi (CoA, 16 July 2026)

16 July 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

In an order of 16 July 2026, the judge-rapporteur of the Court of Appeal held that naming TGI Sport Virtual UK Limited in AIM Sport Development AG's statement of appeal against the Helsinki Local Division's order of 29 April 2026 on provisional…

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Siemens Healthineers v Hologic (CoA, 15 July 2026)

15 July 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

In an order of 15 July 2026 (UPC_CoA_93/2026, EP 2 352 431), the Court of Appeal rejected the application by Siemens Healthineers and its affiliates for suspensive effect of their appeal against the Düsseldorf Local Division's decision of 10 June 2026, which…

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Amazon.com v InterDigital VC Holdings (CoA, 15 July 2026)

15 July 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

In an order of 15 July 2026 (UPC_CoA_936/2025), the Court of Appeal permitted InterDigital, with Amazon's consent, to withdraw its application for provisional measures and declared closed Amazon's appeal against the Mannheim Local Division's order of 22 December 2025, which had rejected…

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Network System Technologies v Qualcomm (CoA, 15 July 2026)

15 July 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

In an order of 15 July 2026 common to the five appeals UPC_CoA_68/2026 to UPC_CoA_72/2026 against the Munich Local Division's decisions of 11 March 2026 in the dispute between Network System Technologies LLC (NST) and Qualcomm, the judge-rapporteur of the Court of…

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Xingi v Avient Protective Materials (CoA, 14 July 2026)

14 July 2026 CoA / Luxembourg (LU) / Appeal Decision with commentary

In an order of 14 July 2026 (UPC_CoA_76/2026, EP 2 791 402), the judge-rapporteur of the Court of Appeal extended until service of the appeal decision the suspensive effect granted on 26 May 2026 to Xingi Technology and Jiangsu Jiuzhou Xingji against…

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Fujifilm v Kodak (CoA, UPC_CoA_474/2025, 13 July 2026)

13 July 2026 CoA / Luxembourg (LU) / Appeal RoP220.1 Decision with commentary

In a decision of 13 July 2026, the Court of Appeal ruled on joined appeals UPC_CoA_473/2025 and UPC_CoA_474/2025 (German designation) and UPC_CoA_873/2025 and UPC_CoA_881/2025 (UK designation) in the dispute between Fujifilm Corporation and the Kodak companies over EP 3 476 616 (lithographic…

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TIRU v VEOLIA PROPRETE (CoA, 13 July 2026)

13 July 2026 CoA / Luxembourg (LU) / Withdrawal (RoP265) Decision with commentary

In a decision of 13 July 2026, given in the three joined appeal proceedings PR-UPC-CoA-79/2026, 80/2026 and 81/2026 (including the present one, UPC_CoA_79/2026, against Veolia Propreté), the Court of Appeal grants the withdrawal of TIRU's appeals against the decision of the Paris…

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Adobe v KEEEX (CoA, 10 July 2026)

10 July 2026 CoA / Luxembourg (LU) / Request for a discretionary review (RoP 220.3) Decision with commentary

In an order of 10 July 2026 (UPC_CoA_95/2026), the standing judge of the Court of Appeal rejects the request for discretionary review lodged by Adobe Inc. and Adobe Systems Software Ireland against the order of the Paris Local Division of 1 June…

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AIM Sport Development v TGI Sport Suomi (CoA, 8 July 2026)

8 July 2026 CoA / Luxembourg (LU) / Appeal RoP220.1 Decision with commentary

In an order of 8 July 2026, the judge-rapporteur of the Court of Appeal held that the court fees paid by AIM Sport Development AG for its appeal against the Helsinki Local Division's order of 29 April 2026 (ACT_551054/2023, EP 3 295…

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Bekaert Combustion v Polidoro (CoA, UPC_CoA_30/2026, 6 July 2026)

6 July 2026 CoA / Luxembourg (LU) / Withdrawal (RoP265) Decision with commentary

In a decision of 6 July 2026, given in joined appeal proceedings UPC_CoA_29/2026 and UPC_CoA_30/2026, the Court of Appeal permits the withdrawal of the appeals brought by Bekaert Combustion Technology and NV Bekaert against the decision of the Mannheim Local Division of…

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