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

Meril Life Sciences v Edwards Lifesciences (CoA, 21 November 2024)

21 November 2024 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

In 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…

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Scandit v Hand Held Products (CoA, 1 November 2024)

1 November 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By 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…

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Koninklijke Philips v Belkin (CoA, 29 October 2024)

29 October 2024 CoA / Luxembourg (LU) / Application Rop 223 Decision with commentary

In 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.

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Photon Wave v Seoul Viosys (CoA, 15 October 2024)

15 October 2024 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

In 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…

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EOFLOW v Insulet (CoA, 9 October 2024)

9 October 2024 CoA / Luxembourg (LU) / Generic Order Decision with commentary

In 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…

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Suinno Mobile & AI Technologies Licensing v Microsoft (CoA, 9 October 2024)

9 October 2024 CoA / Luxembourg (LU) / Request for a discretionary review (RoP 220.3) Decision with commentary

In 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…

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Meril Life Sciences v Edwards Lifesciences (CoA, 4 October 2024)

4 October 2024 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

In 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…

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Xiaomi Technology Germany v Panasonic Holdings (CoA, 30 September 2024)

30 September 2024 CoA / Luxembourg (LU) / Request for a discretionary review (RoP 220.3) Decision with commentary

In 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…

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Audi v Network System Technologies (CoA, 27 September 2024)

27 September 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

In 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…

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Apple Retail Germany v Ona Patents (CoA, 18 September 2024)

18 September 2024 CoA / Luxembourg (LU) / Appeal RoP220.1 Decision with commentary

In 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…

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Audi v Network System Technologies (CoA, 18 September 2024)

18 September 2024 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

In 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…

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Mala v Nokia (CoA, 17 September 2024)

17 September 2024 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

By 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…

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Audi v Network System Technologies (CoA, 17 September 2024)

17 September 2024 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

In 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…

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Meril Italy v Edwards Lifesciences (CoA, 6 September 2024)

6 September 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By 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…

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AYLO Premium v DISH Technologies (CoA, 3 September 2024)

3 September 2024 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

By 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…

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Ballinno v Kinexon Sports & Media (CoA, 26 August 2024)

26 August 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By 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…

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Applicant *** (CoA, 22 August 2024)

22 August 2024 CoA / Luxembourg (LU) / Petition for review of Registrar's decision Decision with commentary

By 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…

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Apple Retail Germany v Ona Patents (CoA, 21 August 2024)

21 August 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

In 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…

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AYLO PREMIUM v DISH Technologies (CoA, 21 August 2024)

21 August 2024 CoA / Luxembourg (LU) / Request for a discretionary review (RoP 220.3) Decision with commentary

In 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…

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Microsoft v Suinno Mobile & AI Licensing (CoA, 21 August 2024)

21 August 2024 CoA / Luxembourg (LU) / Request for a discretionary review (RoP 220.3) Decision with commentary

In 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…

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Sibio v Abbott Diabetes Care (CoA, 19 August 2024)

19 August 2024 CoA / Luxembourg (LU) / Generic Order Decision with commentary

In 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…

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10x Genomics v NanoString Technologies (CoA, 6 August 2024)

6 August 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

In 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…

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Daedalus Prime v Xiaomi (CoA, 6 August 2024)

6 August 2024 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

In 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…

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Nera Innovations v Xiaomi Communications (CoA, 6 August 2024)

6 August 2024 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

In 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…

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Alexion Pharmaceuticals v Samsung Bioepis NL (CoA, 30 July 2024)

30 July 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By 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.

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Hanshow Technology v VusionGroup (CoA, 29 July 2024)

29 July 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By 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…

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NEC v TCL Industrial (CoA, UPC_CoA_69/2024, 29 July 2024)

29 July 2024 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

By 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…

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Apple Retail Deutschland v Ona Patents (CoA, 11 July 2024)

11 July 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

In 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…

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ARM v ICPillar (CoA, 7 July 2024)

7 July 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By 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.

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10x Genomics v Curio Bioscience (CoA, 5 July 2024)

5 July 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By 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),…

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Mala v Nokia (CoA, 21 June 2024)

21 June 2024 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

By 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)…

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ICPillar v ARM (CoA, 19 June 2024)

19 June 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By 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…

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Audi v Network System Technologies (CoA, ORD_36278/2024, 17 June 2024)

17 June 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By 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…

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Volkswagen v Network System Technologies (CoA, ORD_36285/2024, 17 June 2024)

17 June 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By 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…

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Audi v Network System Technologies (CoA, ORD_36287/2024, 17 June 2024)

17 June 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By 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…

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Audi v Network System Technologies (CoA, ORD_36283/2024, 17 June 2024)

17 June 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By 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…

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Neo Wireless v Toyota Motor Europe (CoA, 4 June 2024)

4 June 2024 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

By 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…

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Carrier v BITZER Electronics (CoA, 28 May 2024)

28 May 2024 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

By 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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Volkswagen v Network System Technologies (CoA, ORD_29903/2024, 22 May 2024)

22 May 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By order of 22 May 2024 (UPC_CoA_218/2024, APL_25922/2024, App_29005/2024), the Court of Appeal (second panel) rejected Volkswagen's request to expedite its appeal against the Munich Local Division's order of 23 April 2024 dismissing its application for security for costs in Network System…

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Texas Instruments v Network Systems Technologies (CoA, ORD_29608/2024, 22 May 2024)

22 May 2024 CoA / Luxembourg (LU) / Application for an Order for expedition of an appeal (RoP225(e)) Decision with commentary

By order of 22 May 2024 (UPC_CoA_223/2024, APL_25951/2024, App_27157/2024), the Court of Appeal (second panel) rejected Texas Instruments' request to expedite its appeal against the Munich Local Division's order of 23 April 2024 dismissing its application for security for costs in the…

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Volkswagen v Network System Technologies (CoA, ORD_29914/2024, 22 May 2024)

22 May 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By order of 22 May 2024 (UPC_CoA_220/2024, APL_25924/2024, App_28999/2024), the Court of Appeal (second panel) rejected Volkswagen's request to expedite its appeal against the Munich Local Division's order of 23 April 2024 (UPC_CFI_515/2023), which had dismissed its application for security for costs…

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Volkswagen v Network System Technologies (CoA, ORD_29926/2024, 22 May 2024)

22 May 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By order of 22 May 2024 (UPC_CoA_222/2024, APL_25928/2024, App_28997/2024), the Court of Appeal (second panel) rejected Volkswagen's request to expedite its appeal against the Munich Local Division's order of 23 April 2024 (UPC_CFI_513/2023), which had dismissed its application for security for costs…

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Audi v Network System Technologies (CoA, ORD_29909/2024, 22 May 2024)

22 May 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By order of 22 May 2024 (UPC_CoA_219/2024, APL_25923/2024, App_29007/2024), the Court of Appeal (second panel) rejected Audi's request to expedite its appeal against the Munich Local Division's order of 23 April 2024 (UPC_CFI_515/2023), which had dismissed its application for security for costs…

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Audi v Network System Technologies (CoA, ORD_29899/2024, 22 May 2024)

22 May 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By order of 22 May 2024 (UPC_CoA_217/2024, APL_25919/2024, App_29006/2024), the Court of Appeal (second panel) rejected Audi's request to expedite its appeal against the Munich Local Division's order of 23 April 2024 (UPC_CFI_514/2023), which had dismissed its application for security for costs…

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SES-imagotag v Hanshow (CoA, 13 May 2024)

13 May 2024 CoA / Luxembourg (LU) / Appeal RoP220.1 Decision with commentary

By decision of 13 May 2024 (UPC_CoA_1/2024, APL_8/2024), the Court of Appeal dismissed the appeal of VusionGroup (formerly SES-imagotag) against the Munich Local Division's order of 20 December 2023 refusing provisional measures against four Hanshow group companies based on the unitary patent…

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Progress Maschinen & Automation v AWM (CoA, 2 May 2024)

2 May 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By an order of 2 May 2024 (UPC_CoA_177/2024, APL_20002/2024, App_20143/2024), the judge-rapporteur of the Court of Appeal (P. Blok) granted suspensive effect to the appeal brought by Progress Maschinen & Automation AG against the order of the Milan Local Division of 8…

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Daedalus Prime v Xiaomi Communications (CoA, 1 May 2024)

1 May 2024 CoA / Luxembourg (LU) / Application Rop 333 Decision with commentary

By order of 1 May 2024 (UPC_CoA_183/2024), the panel of the Court of Appeal, on Daedalus Prime's request for review under Rule 333 RoP, confirmed the judge-rapporteur's order of 29 April 2024 refusing to extend the time limit for lodging the statement…

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AIM Sport Development v Supponor Italia (CoA, 26 April 2024)

26 April 2024 CoA / Luxembourg (LU) / Generic Order Decision with commentary

By order of 26 April 2024 (UPC_CoA_500/2023), the Court of Appeal held admissible AIM Sport Development's appeal against the Helsinki Local Division's rejection of its application for provisional measures against five Supponor companies (EP 3 295 663), although it was lodged within…

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Curio Bioscience v 10x Genomics (CoA, 17 April 2024)

17 April 2024 CoA / Luxembourg (LU) / Appeal RoP220.1 Decision with commentary

By order of 17 April 2024 (UPC_CoA_101/2024), the Court of Appeal set aside the order of the President of the Court of First Instance of 26 February 2024 and determined English, the language of EP 2 697 391, as the language of…

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Neo Wireless v Toyota Motor Europe (CoA, 11 April 2024)

11 April 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By an order of 11 April 2024 (UPC_CoA_79/2024, APL_9578/2024, App_17551/2024), the Court of Appeal (Kalden, presiding and judge-rapporteur, Simonsson, Rombach) rejected Toyota Motor Europe NV/SA's request for a decision by default against the appeal of Neo Wireless GmbH & Co KG.

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Ocado Innovation v Autostore (CoA, 10 April 2024)

10 April 2024 CoA / Luxembourg (LU) / Generic Order Decision with commentary

In a decision of 10 April 2024 (UPC_CoA_404/2023), the Court of Appeal dismissed Ocado Innovation's appeal against the order of the Nordic-Baltic Regional Division granting a member of the public access to the statement of claim filed against the Autostore companies, the…

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Panasonic Holdings v Xiaomi Technology Germany (CoA, 9 April 2024)

9 April 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By order of 9 April 2024 (UPC_CoA_86/2024, App_17640/2024), the judge-rapporteur of the Court of Appeal held that the statement of appeal and the statement of grounds of appeal filed by Panasonic against a procedural order of the Mannheim Local Division of 9…

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