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

Rematec v Europe Forestry (CoA, 3 July 2026)

3 July 2026 CoA / Luxembourg (LU) / Application Rop 333 Decision with commentary

In an order of 3 July 2026, given in joined appeal proceedings UPC_CoA_302/2025 and UPC_CoA_305/2025, the Court of Appeal rejects Rematec's application under Rule 333 for review of the judge-rapporteur's order of 30 March 2026.

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*** v AMYCEL (CoA, 2 July 2026)

2 July 2026 CoA / Luxembourg (LU) / Generic application Decision with commentary

In an order of 2 July 2026 (UPC_CoA_935/2025), the Court of Appeal orders the appellant, a natural person doing business in Poland whose name is redacted, to provide security of EUR 28,000 for the costs of AMYCEL, LLC within three weeks of…

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IPG Laser v TRUMPF Laser UK (CoA, UPC_CoA_59/2026, 1 July 2026)

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

In a decision of 1 July 2026 in the joined appeal proceedings PR-UPC-CoA-58/2026 and PR-UPC-CoA-59/2026, the Court of Appeal allows IPG Laser to withdraw its appeals against the Mannheim Local Division decision of 24 February 2026 (EP 2 951 625), declares the…

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Nera Innovations v Xiaomi Communications (CoA, 30 June 2026)

30 June 2026 CoA / Luxembourg (LU) / Other Decision with commentary

By order of 30 June 2026, made in appeals UPC_CoA_692/2025 and UPC_CoA_854/2025 against the decision of the Hamburg Local Division of 10 July 2025 concerning EP 2 642 632, the Court of Appeal disregards a private expert opinion and a handbook extract…

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Huawei v Quinn Emanuel Urquhart & Sullivan (CoA, 29 June 2026)

29 June 2026 CoA / Luxembourg (LU) / Application RoP262.1 (b) Decision with commentary

Decisions of the judge-rapporteur on public access to written pleadings and evidence under Rule 262.1(b) RoP are subject to review by the panel under Rule 333, whose notion of a case management decision or order calls for a broad interpretation (para.

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Suinno Mobile & AI Licensing v Microsoft (CoA, 29 June 2026)

29 June 2026 CoA / Luxembourg (LU) / Application to leave to appeal a cost decision (RoP221) Decision with commentary

The standing judge of the Court of Appeal refused Suinno leave to appeal, under Rule 221 RoP, the cost decision of the Paris Central Division of 31 March 2026, which had awarded Microsoft EUR 300,000 out of a claimed EUR 360,940.60 following…

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VALEO SYSTEMES D’ESSUYAGE v ROBERT BOSCH FRANCE (CoA, 22 June 2026)

22 June 2026 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

The Court of Appeal sets aside two orders of the judge-rapporteur of the Paris Central Division, which had declined jurisdiction and referred to the Düsseldorf Local Division the infringement action brought by Valeo Systèmes d'Essuyage against six Bosch group companies, including a…

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Speed Care Mineral v Teleflex Life Sciences II (CoA, 10 June 2026)

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

In an order of 10 June 2026 (UPC_CoA_85/2026), the standing judge of the Court of Appeal dismisses Speed Care Mineral's request for discretionary review of the EUR 1 million value set for the counterclaim for revocation by the Hamburg Local Division in…

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SharkNinja Operating v Groupe SEB France (CoA, 10 June 2026)

10 June 2026 CoA / Luxembourg (LU) / Appeal RoP220.1 Decision with commentary

In an order of 10 June 2026, given in appeal UPC_CoA_61/2026 brought by SharkNinja against the refusal of provisional measures by the Paris Local Division on 10 April 2026, the UPC Court of Appeal (panel presided over by Judge Kalden, with Judge…

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Hurom v NUC Electronics (CoA, 26 May 2026)

26 May 2026 CoA / Luxembourg (LU) / Withdrawal (RoP265) Decision with commentary

By decision of 26 May 2026 (UPC_CoA_916/2025), the Court of Appeal permitted Hurom to withdraw its appeal against the decision of the Mannheim Local Division of 2 October 2025 (UPC_CFI_162/2024) in its dispute with NUC Electronics over EP 2 028 981, declared…

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Advanced Standard Communication v Motorola Mobility (CoA, 26 May 2026)

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

By order of 26 May 2026 (UPC_CoA_74/2026), the standing judge of the Court of Appeal rejected Advanced Standard Communication LLC's (ASC) request for discretionary review of the order of 24 April 2026 in which the panel of the Munich Local Division required…

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Advanced Standard Communication v XIAOMI (CoA, 19 May 2026)

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

By order of 19 May 2026 (UPC_CoA_67/2026), the standing judge of the Court of Appeal rejected the request for discretionary review and the application for suspensive effect lodged by Advanced Standard Communication LLC (ASC) against the Munich Local Division's order of 23…

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ADOBE v KEEEX (CoA, 8 May 2026)

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

In an order of 8 May 2026 (UPC_CoA_35/2026), the standing judge of the Court of Appeal rejects Adobe's request for discretionary review (Rule 220.3 RoP) of the Paris Local Division's refusal to dismiss, under Rule 334(h) RoP, KEEEX's claims concerning non-UPC parts…

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Adobe v KEEEX (CoA, 30 April 2026)

30 April 2026 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

In an order of 30 April 2026 (UPC_CoA_1/2026), the Court of Appeal dismisses as wholly inadmissible Adobe's immediate appeal against the Paris Local Division's order of 19 December 2025 setting at EUR 50,000 the security for costs to be provided by KEEEX…

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Optopol Technology v Topcon (CoA, 28 April 2026)

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

In an order of 28 April 2026 (UPC_CoA_56/2026), the standing judge of the Court of Appeal dismisses Optopol's request for discretionary review of the Düsseldorf Local Division's order of 1 April 2026.

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Niche Biomedical v ONWARD Medical (CoA, 27 April 2026)

27 April 2026 CoA / Luxembourg (LU) / Application For Costs Decision with commentary

In a decision of 27 April 2026 (UPC_CoA_60/2026), the presiding judge and rapporteur of the Court of Appeal allows, by analogy with Rule 265.1 RoP, the withdrawal of the application for the determination of costs (Rule 151) filed the same day by…

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Merz Pharmaceuticals v Viatris Santé (CoA, 27 April 2026)

27 April 2026 CoA / Luxembourg (LU) / Appeal RoP220.1 Decision with commentary

By order of 27 April 2026 (UPC_CoA_917/2025), the Court of Appeal sets aside the Paris Local Division order of 21 November 2025, which had refused Merz’s application for provisional measures as out of time, and prohibits Viatris Santé, in France and until…

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Abbott Diabetes Care v Sinocare (CoA, 17 April 2026)

17 April 2026 CoA / Luxembourg (LU) / Appeal RoP220.1 Decision with commentary

By order of 17 April 2026 (UPC_CoA_901/2025), the Court of Appeal holds admissible and well founded the appeal brought by Abbott Diabetes Care Inc. against the order of The Hague Local Division of 22 October 2025, which had refused its application for…

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Belkin International v Koninklijke Philips (CoA, 16 April 2026)

16 April 2026 CoA / Luxembourg (LU) / Appeal RoP220.1 Decision with commentary

By order of 16 April 2026 (UPC_CoA_54/2026), the Court of Appeal rejects the requests of Belkin International Inc., Belkin B.V. and Belkin Limited for an extension of the time limit to provide the information required by Rule 225(e) or, in the alternative,…

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La Siddhi Consultancy v Athena Pharmaceutiques (CoA, 14 April 2026)

14 April 2026 CoA / Luxembourg (LU) / Application Rop 223 Decision with commentary

By an order of 14 April 2026 (UPC_CoA_48/2026), the Court of Appeal rejects La Siddhi Consultancy's application for suspensive effect against the Milan Central Division's order of 13 March 2026, which required it to provide EUR 75,000 security for costs in its…

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VALEO SYSTEMES D’ESSUYAGE v ROBERT BOSCH FRANCE (CoA, 3 April 2026)

3 April 2026 CoA / Luxembourg (LU) / Simultaneous Interpretation Decision with commentary

By order of 3 April 2026, the judge-rapporteur of the Court of Appeal dismisses the request for simultaneous French/English interpretation made by the Bosch companies, respondents in Valeo Systèmes d’essuyage’s joined appeals (UPC_CoA_4/2026 and UPC_CoA_13/2026) against the orders of the Paris Central…

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Amazon.com v InterDigital VC Holdings (CoA, 30 March 2026)

30 March 2026 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

In an order of 30 March 2026 (UPC_CoA_12/2026), the Court of Appeal sets aside the orders of the Mannheim Local Division of 27 November 2025 and 16 January 2026 and allows Amazon to take notes of the audio recording of a hearing…

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Sinocare v Abbott Diabetes Care (CoA, 30 March 2026)

30 March 2026 CoA / Luxembourg (LU) / Appeal RoP220.1 Decision with commentary

By order of 30 March 2026, the Court of Appeal rules on the appeal of Sinocare and A. Menarini Diagnostics against the order of The Hague Local Division of 17 October 2025, which, at the request of Abbott Diabetes Care, had granted…

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Rematec v Europe Forestry (CoA, 30 March 2026)

30 March 2026 CoA / Luxembourg (LU) / Application For Costs Decision with commentary

In an order of 30 March 2026 (UPC_CoA_302/2025 and UPC_CoA_305/2025), the judge-rapporteur of the Court of Appeal dismisses Rematec's request to refer its cost-fixing application to the Mannheim Local Division with an instruction that the Court of Appeal filing date count as…

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NUC Electronics Europe v Hurom (CoA, 27 March 2026)

27 March 2026 CoA / Luxembourg (LU) / Appeal RoP220.1 Decision with commentary

In a decision of 27 March 2026 in the joined appeals UPC_CoA_409/2025, UPC_CoA_410/2025 and UPC_CoA_420/2025, the Court of Appeal sets aside the two orders of 11 March 2025 in which the Mannheim Local Division had found infringement of EP 2 028 981…

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ONWARD Medical v Niche Biomedical (CoA, 27 March 2026)

27 March 2026 CoA / Luxembourg (LU) / Appeal RoP220.1 Decision with commentary

By order of 27 March 2026 (UPC_CoA_898/2025), the UPC Court of Appeal (Judges Voß, presiding and judge rapporteur, van den Broek, Sabotier, and technically qualified Judges Elmeros and Schenkl) dismissed ONWARD Medical's appeal against the Munich Local Division's refusal of provisional measures…

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SANOFI-AVENTIS DEUTSCHLAND v AMGEN (CoA, 25 March 2026)

25 March 2026 CoA / Luxembourg (LU) / Withdrawal (RoP265) Decision with commentary

By decision of 25 March 2026, the Court of Appeal permits, with Amgen’s consent, the withdrawal of the applications for rehearing filed by Sanofi and Regeneron against the decision of 25 November 2025 that had set aside the revocation of EP 3…

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Sanofi Biotechnology v Amgen (CoA, 24 March 2026)

24 March 2026 CoA / Luxembourg (LU) / Appeal RoP220.1 Decision with commentary

In a decision of 24 March 2026 (UPC_CoA_641/2025), the UPC Court of Appeal allowed Sanofi Biotechnology SAS and Regeneron Pharmaceuticals Inc. to withdraw their appeal against the Düsseldorf Local Division decision of 13 May 2025 (UPC_CFI_505/2023, EP 3 536 712), which dismissed…

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Amgen v Sanofi Biotechnology (CoA, 24 March 2026)

24 March 2026 CoA / Luxembourg (LU) / Appeal RoP220.1 Decision with commentary

In a decision of 24 March 2026 (UPC_CoA_646/2025), the UPC Court of Appeal allowed Amgen N.V. and six other Amgen companies to withdraw their appeal against the Düsseldorf Local Division decision of 13 May 2025 (UPC_CFI_505/2023, EP 3 536 712), insofar as…

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Applicant *** v Amycel (CoA, 24 March 2026)

24 March 2026 CoA / Luxembourg (LU) / Application Rop 223 Decision with commentary

In an order of 24 March 2026 (UPC_CoA_935/2025), the Court of Appeal declares inadmissible the second application for suspensive effect filed by the appellant, the defendant found liable by default by The Hague Local Division on 21 October 2025 for infringing Amycel's…

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EOFLOW v Insulet (CoA, 18 March 2026)

18 March 2026 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

In an order of 18 March 2026 (UPC_CoA_930/2025), the UPC Court of Appeal dismissed EOFlow Co., Ltd.'s appeal against the Milan Central Division order of 4 December 2025 (UPC_CFI_1167/2025), which had refused to treat as confidential under Rule 262.2 business information disclosed…

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Ecovacs Robotics v Roborock (HK) (CoA, 16 March 2026)

16 March 2026 CoA / Luxembourg (LU) / Appeal RoP220.1 Decision with commentary

By an order of 16 March 2026 (UPC_CoA_3/2026), the Court of Appeal rejected Ecovacs Robotics' appeal against the Düsseldorf Local Division's order of 19 December 2025 which, on Roborock (HK)'s request for review, had revoked the ex parte order for inspection and…

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A. Menarini Diagnostics v F. Hoffmann-La Roche (CoA, 11 March 2026)

11 March 2026 CoA / Luxembourg (LU) / Appeal RoP220.1 Decision with commentary

In a decision of 11 March 2026 (UPC_CoA_934/2025), the UPC Court of Appeal allowed F. Hoffmann-La Roche AG and Roche Diabetes Care GmbH, following a settlement, to withdraw their application for provisional measures based on EP 1 962 668, which the Düsseldorf…

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Angelalign France Technology v Align Technology (CoA, 10 March 2026)

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

By an order of 10 March 2026 (UPC_CoA_37/2026), the standing judge of the Court of Appeal dismissed the request for discretionary review (Rule 220.3 RoP) filed by the Angelalign companies against the Düsseldorf Local Division's order of 26 February 2026 which, in…

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Black Sheep Retail Products v HL Display (CoA, 6 March 2026)

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

In a decision of 6 March 2026 (UPC_CoA_895/2025 and UPC_CoA_896/2025), the Court of Appeal permitted Black Sheep Retail Products, with HL Display's consent, to withdraw its appeal against the Hague Local Division's decision of 10 October 2025 (EP 2 432 351) and…

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Hurom v NUC Electronics (CoA, 4 March 2026)

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

In an order of 4 March 2026 (UPC_CoA_678/2025), the judge-rapporteur of the Court of Appeal rejected Hurom's request to file a further reply after NUC's Statement of Response and cross-appeal, in the appeal against the Paris Local Division decision of 23 May…

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Sibio v Abbott Diabetes Care (CoA, 27 February 2026)

27 February 2026 CoA / Luxembourg (LU) / Generic Order Decision with commentary

In an order of 27 February 2026 (UPC_CoA_884/2025), the judge-rapporteur of the UPC Court of Appeal rejected Sibio Technology Limited's request under Rule 36 for a further exchange of written pleadings in its appeal against the Paris Central Division's dismissal of its…

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EOFlow v Insulet (CoA, 26 February 2026)

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

By order of 26 February 2026 (UPC_CoA_34/2026), the standing judge of the Court of Appeal dismissed as inadmissible EOFlow's request for discretionary review and its auxiliary request for leave to appeal.

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Gowling WLG v Sumi Agro (CoA, 24 February 2026)

24 February 2026 CoA / Luxembourg (LU) / Application RoP262.1 (b) Decision with commentary

By decision of 24 February 2026 (UPC_CoA_10/2026), the judge-rapporteur of the Court of Appeal granted Gowling WLG, a non-party firm, access to ten pleadings and documents in the appeal Sumi Agro v Syngenta (UPC_CoA_523/2024, EP 2 152 073), subject to redaction of…

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Syntorr LP v Arthrex (CoA, UPC_CoA_889/2025, 18 February 2026)

18 February 2026 CoA / Luxembourg (LU) / Application For Costs Decision with commentary

In an order of 18 February 2026 (UPC_CoA_889/2025), the Court of Appeal set aside the orders of the Munich Local Division (UPC_CFI_114/2025) requiring Syntorr, a Cypriot company and proprietor of EP 3 835 470, to provide EUR 2,000,000 as security for costs…

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Guardant Health v Sophia Genetics (CoA, 18 February 2026)

18 February 2026 CoA / Luxembourg (LU) / Application Rop 223 Decision with commentary

In an order of 18 February 2026 (UPC_CoA_19/2026), the Court of Appeal refused suspensive effect to Guardant Health's appeal against the EUR 400,000 interim award of costs made against it by the Paris Local Division on 23 January 2026, after its application…

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Syntorr LP v Arthrex (CoA, UPC_CoA_890/2025, 18 February 2026)

18 February 2026 CoA / Luxembourg (LU) / Application For Costs Decision with commentary

By order of 18 February 2026 (UPC_CoA_890/2025), the Court of Appeal, on discretionary review, set aside the Munich Local Division's orders requiring Syntorr, claimant in an infringement action on EP 2 670 898 against three Arthrex companies, to provide security for costs…

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Samsung Bioepis NL v Alexion Pharmaceuticals (CoA, 18 February 2026)

18 February 2026 CoA / Luxembourg (LU) / Withdrawal (RoP265) Decision with commentary

By decision of 18 February 2026 (UPC_CoA_744/2025 and UPC_CoA_750/2025, EP 3 167 888), the standing judge of the Court of Appeal permitted Samsung Bioepis to withdraw its applications for leave to appeal the cost decisions issued by the Hamburg Local Division on…

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SANOFI-AVENTIS DEUTSCHLAND v AMGEN (CoA, 18 February 2026)

18 February 2026 CoA / Luxembourg (LU) / Generic application Decision with commentary

By order of 18 February 2026 in the joined proceedings UPC_CoA_528/2024 and UPC_CoA_529/2024 (EP 3 666 797), the Court of Appeal rejected Sanofi and Regeneron's request for suspensive effect of their application for rehearing of the decision of 25 November 2025, which…

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Rematec v Europe Forestry (CoA, 17 February 2026)

17 February 2026 CoA / Luxembourg (LU) / Appeal RoP220.1 Decision with commentary

In a decision of 17 February 2026, given in the joined appeals UPC_CoA_302/2025 and UPC_CoA_305/2025, the Court of Appeal set aside in full the Mannheim Local Division decision of 31 January 2025, which had revoked Rematec's EP 2 548 648, concerning a…

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Huawei v TP-Link Systems (CoA, 17 February 2026)

17 February 2026 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

The Court of Appeal dismisses Huawei’s appeals against the orders of the Munich Local Division of 28 November 2025 granting TP-Link access to written pleadings in the closed actions between Huawei and Netgear concerning the patent asserted against TP-Link (paras.

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bioMérieux UK v Labrador Diagnostics (CoA, 17 February 2026)

17 February 2026 CoA / Luxembourg (LU) / Appeal RoP220.1 Decision with commentary

In an order of 17 February 2026 (UPC_CoA_937/2025 and UPC_CoA_938/2025), the judge-rapporteur of the Court of Appeal refused the bioMérieux companies, appealing the Milan Central Division decision of 23 October 2025 maintaining Labrador Diagnostics' EP 3 756 767 in amended form, both…

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PAPST LICENSING v European Patent Office (CoA, 9 February 2026)

9 February 2026 CoA / Luxembourg (LU) / Action against the decision of the EPO (RoP97) Decision with commentary

In a decision of 9 February 2026 (UPC_CoA_8/2026), given in German by a standing judge, the Court of Appeal dismissed the appeal of PAPST LICENSING GmbH & Co. KG against the Paris Central Division's decision upholding the EPO's refusal to register unitary…

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EOFlow v Insulet (CoA, 4 February 2026)

4 February 2026 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

The Court of Appeal holds inadmissible the appeal by EOFlow Co., Ltd. against the order of the Milan Central Division of 4 December 2025 (UPC_CFI_1167/2025), which, at the request of Insulet Corporation, had imposed penalty payments of EUR 150,000 for non-compliance with…

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Centripetal v Palo Alto Networks (CoA, 4 February 2026)

4 February 2026 CoA / Luxembourg (LU) / Appeal RoP220.1 Decision with commentary

In an order of 4 February 2026 (UPC_CoA_891/2025), the Court of Appeal dismissed Centripetal Limited's appeal against the Mannheim Local Division's order of 2 October 2025 which, on Palo Alto Networks, Inc.'s request for review, had revoked the saisie order based on…

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Alpinestars v Dainese (CoA, 29 January 2026)

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

In an order of 29 January 2026 (UPC_CoA_931/2025), the President of the Court of Appeal, sitting as standing judge, closed the proceedings on the request for discretionary review (Rule 220.3) filed by Alpinestars S.p.A.

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Sun Patent Trust v Vivo Mobile Communication (CoA, 26 January 2026)

26 January 2026 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

Being an employee of a party is not in itself a ground for refusing access to highly confidential information (para. 27). Excluding employees would severely restrict the party’s freedom to choose who represents it and would compromise its right to an effective…

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Applicant *** (CoA, 26 January 2026)

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

By a decision of 26 January 2026, the President of the Court of Appeal dismissed a European Patent Attorney's petition for review of the Registrar's decision of 15 September 2025 refusing to enter him on the list of UPC representatives.

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