Decisions of the Unified Patent Court recorded under "Appeals" 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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523 decisions recorded
By order of 26 June 2025, the Court of Appeal (Kalden, Simonsson, Rombach, Faget, Papa) disposed of Ballinno's appeal in its provisional measures dispute with Kinexon and UEFA on EP 1 944 067 (UPC_CoA_328/2024).
Read the analysisBy decision of 23 June 2025, given in the joined appeals UPC_CoA_46/2025 and UPC_CoA_48/2025, the Court of Appeal confirms the settlement reached between Arkyne Technologies and Plant-e concerning EP 2 137 782 (Rule 365.1).
Read the analysisBy order of 23 June 2025, the Court of Appeal dismisses Sumi Agro’s appeal against the Munich Local Division’s order of 11 March 2025 refusing to revoke the provisional measures granted to Syngenta on the basis of EP 2 152 073 (UPC_CoA_286/2025).
Read the analysisBy an order of 20 June 2025 (UPC_CoA_393/2025), the Court of Appeal (Judges Kalden, presiding and judge-rapporteur, Simonsson and Rombach) held that Article 69(4) UPCA does not allow a claimant in an infringement action to obtain security for costs from the defendant.
Read the analysisBy decision of 19 June 2025, the Court of Appeal rejects as not allowable Alexion Pharmaceuticals’ application for rehearing of its order of 20 December 2024, which had upheld the refusal of provisional measures against nine Amgen group companies based on EP…
Read the analysisBy an order of 18 June 2025 (UPC_CoA_170/2025, EP 3 602 692), the Court of Appeal (Judges Grabinski, Blok and Gougé, rapporteur) dismissed as devoid of purpose, applying Rule 360 by analogy, ILME's appeal against the Munich Local Division's order of 10…
Read the analysisBy a decision of 19 June 2025 (UPC_CoA_402/2024), the Court of Appeal rejected Alexion Pharmaceuticals' application for rehearing of its order of 20 December 2024, which had upheld the refusal of provisional measures against Samsung Bioepis (EP 3 167 888, treatment of…
Read the analysisThe Court of Appeal refused suspensive effect for NUC Electronics' appeal against the Mannheim Local Division's decision of 11 March 2025, which found infringement of EP 2 028 981 and ordered NUC to give Hurom information on origin, distribution channels, quantities, prices…
Read the analysisThe Court of Appeal upheld the Munich Local Division's refusal to extend retroactively the one-month period under Rule 151 within which Hanshow had to apply for the costs of the provisional measures proceedings it won against VusionGroup (EP 3 883 277).
Read the analysisBy order of 3 June 2025, the Court of Appeal confirms, at the parties’ joint request under Rule 365.1, the settlement concluded between Tandem Diabetes Care and Roche Diabetes Care, terminating the appeal (UPC_CoA_120/2025) against the Paris Central Division’s decision of 18…
Read the analysisThe Court of Appeal set aside the order of 3 March 2025 by which a single judge of the Copenhagen Local Division had declined, on the present basis, to order HGSystem and Infotech to pay the penalties attached to an order for…
Read the analysisThe Court of Appeal dismissed XSYS's appeal and confirmed that the UPC has competence over alleged infringing acts committed before the Agreement entered into force on 1 June 2023 and during the period in which the patent was opted out before the…
Read the analysisBy order of 30 May 2025, the Court of Appeal rules on Belkin’s appeal and Koninklijke Philips’ cross-appeal against the Munich Local Division’s order of 17 December 2024, which had imposed a penalty payment of EUR 46,000 on Belkin for late compliance…
Read the analysisBy decision of 28 May 2025, the Court of Appeal permits NanoString Technologies Europe to withdraw its revocation action against President and Fellows of Harvard College (EP 2 794 928), at the stage of Harvard’s appeal against the Munich Central Division’s decision…
Read the analysisBy order of 28 May 2025, the Court of Appeal revoked the order of 3 March 2025 by which the Mannheim Local Division had refused Centripetal's application for preservation of evidence and inspection of premises of Palo Alto Networks under EP 3…
Read the analysisBy order of 28 May 2025, the Court of Appeal granted Harvard (President and Fellows of Harvard College), the appellant, reimbursement of 40% of the appeal court fees, not the 60% it sought, after NanoString Technologies Europe withdrew its revocation action against…
Read the analysisBy order of 26 May 2025, the Court of Appeal rejects the application for suspensive effect filed by Chainzone Technology (Foshan), intervening in support of Strabag Infrastructure & Safety Solutions, against the Vienna Local Division’s decision of 15 January 2025, which had…
Read the analysisBy order of 23 May 2025, the Court of Appeal permits, with Juul Labs International’s consent, the withdrawal of NJOY Netherlands’ appeal (UPC_CoA_7/2025) against the Paris Central Division’s decision of 5 November 2024 dismissing its action for revocation of EP 3 504…
Read the analysisBy order of 21 May 2025 (UPC_CoA_365/2025), the Court of Appeal rejected all of Knaus Tabbert's requests for suspensive effect of its appeal against the Düsseldorf Local Division's decision of 10 April 2025, which had found infringement of EP 3 356 109…
Read the analysisBy order of 20 May 2025 (UPC_CoA_430/2025), the Court of Appeal rejected Chint New Energy's application for suspensive effect and expedition of its appeal against the Munich Local Division's order of 5 May 2025, which required it to provide security for costs…
Read the analysisBy order of 14 May 2025, issued in the two joined appeals UPC_CoA_423/2025 and UPC_CoA_424/2025, the standing judge of the Court of Appeal dismissed the request for discretionary review filed by Hisense, TCL and LG against the Mannheim Local Division's refusal to…
Read the analysisBy order of 12 May 2025 (UPC_CoA_328/2024), the Court of Appeal ruled on Ballinno's appeal against the Hamburg Local Division's orders requiring it to provide security for costs of EUR 56,000 and then dismissing its application for provisional measures against Kinexon and…
Read the analysisIn Hybridgenerator's appeal against an order of the Copenhagen Local Division declining to order HGSystem and other companies to pay the penalty payments set in an order of 4 September 2024 (EP 4 238 202, UPC_CoA_233/2025), the Court of Appeal made English…
Read the analysisBy order of 30 April 2025 (UPC_CoA_768/2024, APL_64374/2024), the Court of Appeal sets aside the Milan Central Division’s order of 22 November 2024 and grants provisional measures against EOFlow, the Korean maker of the EOPatch and GlucoMen Day Pump insulin patch pumps,…
Read the analysisBy order of 30 April 2025 (UPC_CoA_328/2025, APL_16780/2025, App_19228/2025), the Court of Appeal stays Juul Labs International’s appeal against the Paris Central Division’s decision of 7 February 2025 which, on NJOY Netherlands’ action, had revoked EP 3 504 990 for eight states.
Read the analysisBy an order of 30 April 2025 (UPC_CoA_5/2025), the Court of Appeal stayed Juul Labs' appeal against the decision of the Paris Central Division of 5 November 2024, which had revoked its patent EP 3 498 115 at the suit of NJOY…
Read the analysisBy order of 28 April 2025 (UPC_CoA_237/2025, APL_13193/2025, App_14082/2025), the Court of Appeal stays Juul Labs International’s appeal against the Paris Central Division’s decision of 17 January 2025 which, on NJOY Netherlands’ action, had revoked EP 3 430 921 for eight states.
Read the analysisBy order of 25 April 2025 (UPC_CoA_7/2025, APL_322/2025, App_13352/2025), Judge-rapporteur Simonsson (Court of Appeal, Panel 2) granted Nicoventures Trading immediate access to five pleadings and exhibits in NJOY Netherlands' appeal against an order of the Paris Central Division of 5 November 2024…
Read the analysisBy an order of 25 April 2025 (UPC_CoA_237/2025), the judge-rapporteur of the Court of Appeal granted Nicoventures Trading, an opponent before the EPO, immediate access to the statement of appeal and the response to a request for correction filed by Juul Labs…
Read the analysisBy order of 22 April 2025 (UPC_CoA_835/2024, APL_67638/2024), the Court of Appeal (Judges Grabinski, presiding, Blok and Gougé, judge-rapporteur) dismissed as moot Amazon's appeal against the order of the Munich Local Division of 16 December 2024 refusing to order Nokia Technologies to…
Read the analysisBy order of 18 April 2025 (UPC_CoA_166/2025), the Court of Appeal rejects the application by Meril GmbH and Meril Life Sciences for suspensive effect of their appeal against the Munich Local Division’s decision of 15 November 2024, as rectified on 17 February…
Read the analysisBy order of 18 April 2025 (UPC_CoA_520/2024, APL_51079/2024), the Court of Appeal (Judges Grabinski, presiding, Blok and Gougé, judge-rapporteur) refused Scandit a refund of 20% of the fees for its appeal against the provisional measures order of the Munich Local Division of…
Read the analysisBy order of 17 April 2025 (UPC_CoA_312/2025 and UPC_CoA_325/2025), the Court of Appeal rejects the application by Kodak Holding, Kodak GmbH and Kodak Graphic Communications for suspensive effect of their appeal against the Mannheim Local Division’s decision of 2 April 2025.
Read the analysisBy order of 17 April 2025 (UPC_CoA_329/2025), the Court of Appeal, sitting as a single judge, rejects Barco’s application for suspensive effect of its appeal (UPC_CoA_317/2025), limited to the costs order, against the Brussels Local Division’s order of 21 March 2025.
Read the analysisBy decision of 14 April 2025 (UPC_CoA_150/2025, APL_8326/2025), the Court of Appeal (Judges Kalden, presiding and judge-rapporteur, Simonsson and Rombach) reversed the order of the Milan Central Division of 3 February 2025 and granted Stadapharm access to Accord Healthcare's statement of claim…
Read the analysisBy order of 11 April 2025 (UPC_CoA_169/2025), the Court of Appeal dismisses the appeal by the TGI group companies (formerly Supponor) against the Helsinki Local Division’s orders of 11 and 19 February 2025.
Read the analysisBy order of 11 April 2025 (UPC_CoA_201/2025), the Court of Appeal permits, with Motorola Mobility’s consent, the withdrawal by Ericsson GmbH and Telefonaktiebolaget LM Ericsson of their second counterclaim for revocation of EP 3 780 758 and of their appeal against the…
Read the analysisBy order of 3 April 2025 (UPC_CoA_194/2025), the Court of Appeal, sitting as a single judge, permits with Insulet’s agreement the withdrawal by EOFlow of its application for leave to appeal (Rule 221) against the Milan Central Division’s order of 15 February…
Read the analysisBy decision by default of 1 April 2025 (UPC_CoA_80/2025), the President of the Court of Appeal rejects as inadmissible NJOY Netherlands’ appeal against the Paris Central Division’s order of 29 November 2024, which had dismissed its action for revocation of VMR Products’…
Read the analysisBy order of 31 March 2025 (UPC_CoA_170/2025, APL_9192/2025), Judge-rapporteur Emmanuel Gougé of the Court of Appeal rejected the request filed on 27 March 2025 by ILME GmbH and Industria Lombarda Materiale Elettrico I.L.M.E.
Read the analysisBy order of 28 March 2025 (UPC_CoA_170/2025, APL_9192/2025), Judge-rapporteur Gougé of the Court of Appeal granted PHOENIX CONTACT, respondent to the appeal brought by ILME GmbH Elektronische Handelsgesellschaft and Industria Lombarda Materiale Elettrico I.L.M.E.
Read the analysisBy decision of 26 March 2025 (UPC_CoA_290/2024, APL_31428/2024), the Court of Appeal (Judges Kalden, presiding, Simonsson, Rombach, rapporteur, Roselinger and Schenk) confirmed that Stäubli Tec-Systems must bear the costs of its revocation action against EP 3 170 639, which became devoid of…
Read the analysisBy order of 24 March 2025, the Court of Appeal refuses Amazon leave to file, five days before the oral hearing, a further written statement commenting on Nokia’s statement of response.
Read the analysisBy order of 11 March 2025, issued in the joined appeals UPC_CoA_654/2024, UPC_CoA_700/2024 and UPC_CoA_1/2025 between 10x Genomics and President and Fellows of Harvard College and Vizgen (EP 4108782, Hamburg Local Division), the Court of Appeal grants the applications for reimbursement of…
Read the analysisBy order of 5 March 2025, issued in the joined appeals UPC_CoA_654/2024, UPC_CoA_700/2024 and UPC_CoA_1/2025, the Court of Appeal permits 10x Genomics and President and Fellows of Harvard College to withdraw their three appeals against orders of the Hamburg Local Division that…
Read the analysisBy order of 3 March 2025, the Court of Appeal largely upholds the provisional measures granted on 27 August 2024 by the Munich Local Division to Syngenta, proprietor of EP 2 152 073 on herbicide compositions, against Sumi Agro’s Kagura herbicide.
Read the analysisBy order of 3 March 2025, the Court of Appeal permits Curio Bioscience to withdraw its appeal (Rule 220.2) against the Düsseldorf Local Division’s order of 3 December 2024 requiring it to provide security for costs of EUR 200,000 in 10x Genomics’…
Read the analysisBy order of 24 February 2025 (UPC_CoA_540/2024, APL_52692/2024), the Court of Appeal (Judges Grabinski, presiding, Blok, Gougé, rapporteur, Augarde and Tilmann) dismissed Biolitec Holding's appeal against the refusal of provisional measures sought against Light Guide Optics Germany and S.I.A.
Read the analysisBy order of 21 February 2025 (UPC_CoA_618/2024, APL_57918/2024), the Standing Judge of the Court of Appeal (Judge Simonsson) dismissed VusionGroup's applications for a default decision and for the appeal to be rejected as inadmissible, in the appeal brought by Hanshow Technology against…
Read the analysisBy an order of 19 February 2025 in cases UPC_CoA_218/2024, UPC_CoA_220/2024 and UPC_CoA_222/2024, Rian Kalden, presiding judge of panel 2 of the Court of Appeal and judge rapporteur, ordered the full return of the security for costs deposited by Network System Technologies…
Read the analysisBy order of 19 February 2025, the Court of Appeal permits Aarke to withdraw its appeal against the Düsseldorf Local Division’s decision of 31 October 2024 finding infringement of Sodastream’s EP 1 793 917.
Read the analysisBy an order of 14 February 2025 (UPC_CoA_382/2024), the Court of Appeal set aside the order of the Hague Local Division of 19 June 2024 that had refused Abbott Diabetes Care provisional measures against Sibio Technology and Umedwings Netherlands (“Sibionics”).
Read the analysisBy an order of 12 February 2025 (UPC_CoA_634/2024), the Court of Appeal, hearing Meril Italy’s appeal against the Paris Central Division’s order of 14 October 2024 granting access under Rule 262.1(b) RoP to the pleadings and evidence in the revocation action between…
Read the analysisBy an order of 12 February 2025 (UPC_CoA_635/2024), the Court of Appeal, hearing Meril GmbH’s appeal against the Paris Central Division’s order of 14 October 2024 granting access to the file under Rule 262.1(b) RoP in the counterclaim for revocation between Meril…
Read the analysisAccess by a person to highly confidential information is assessed in light of that person’s role in the proceedings before the Court, the relevance of the information to that role and the trust the person inspires (para.
Read the analysisBy an order of 12 February 2025 (UPC_CoA_636/2024), the Court of Appeal, hearing Meril Life Sciences' appeal against the Paris Central Division's order of 14 October 2024 granting third parties access to the pleadings in the counterclaim for revocation of EP 3…
Read the analysisBy an order of 11 February 2025 (UPC_CoA_563/2024), the Court of Appeal dismissed Suinno Mobile & AI Technologies Licensing’s appeal against the Paris Central Division’s order of 16 September 2024 declaring inadmissible its confidentiality application under Rule 262A RoP against Microsoft.
Read the analysisIn an order of 24 January 2025 (UPC_CoA_840/2024), the Court of Appeal permitted, on appeal, the withdrawal of DexCom’s infringement action and of the counterclaim for revocation brought by the Abbott companies, including Newyu, concerning EP 3 831 282.
Read the analysisBy order of 20 January 2025 (UPC_CoA_835/2024), the Court of Appeal ruled on the confidentiality application filed by Amazon Europe Core, Amazon EU and Amazon.com with their appeal against an order of the Munich Local Division of 16 December 2024, which had…
Read the analysisConfidentiality orders issued at first instance and not challenged on appeal continue to have effect during the appeal proceedings, including after the close of the proceedings (paras.
Read the analysisBy order of 16 January 2025 (UPC_CoA_30/2024), given in German, the second panel of the Court of Appeal set aside the Hamburg Local Division's order of 17 November 2023, which had declined jurisdiction over Fives ECL's damages action against REEL, and remitted…
Read the analysisBy order of 16 January 2025 (UPC_CoA_12/2025), the judge-rapporteur of the Court of Appeal, Emmanuel Gougé, rejected the application for suspensive effect filed by Bhagat Textile Engineers with its appeal against the Milan Local Division's decision of 4 November 2024, which had…
Read the analysisIn a decision of 15 January 2025, issued in German in the joined appeals UPC_CoA_629/2024, 631/2024 and 632/2024, the Court of Appeal permitted the withdrawal of Avago’s infringement action and of Tesla’s counterclaims for revocation concerning EP 1 612 910, following the…
Read the analysisBy 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…
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