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

Curio Bioscience v 10x Genomics (CoA, 28 March 2024)

28 March 2024 CoA / Luxembourg (LU) Decision with commentary

By order of 28 March 2024 (UPC_CoA_101/2024, App_12137/2024), the Court of Appeal rejected, without examining its merits, the application for protection of confidential information filed by Curio Bioscience in its appeal against the refusal to change the language of the provisional measures…

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Netgear v Huawei (CoA, 21 March 2024)

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

By order of 21 March 2024 (UPC_CoA_486/2023, APL_595643/2023), the Court of Appeal set aside the order of the judge-rapporteur of the Munich Local Division of 11 December 2023, which had held inadmissible Netgear's request under Rule 333 RoP for the panel to…

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Abbott Laboratories v DexCom (CoA, 14 March 2024)

14 March 2024 CoA / Luxembourg (LU) / Decision By Default Decision with commentary

By order of 14 March 2024 (UPC_CoA_5/2024, PR_APL_189/2024), made under Rule 229.5 RoP, the President of the Court of Appeal rejected as inadmissible Abbott's appeal against the confidentiality order made on 19 December 2023 by the judge-rapporteur of the Paris Local Division…

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Netgear International v Huawei (CoA, 11 March 2024)

11 March 2024 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

By order of 11 March 2024 (UPC_CoA_36/2024, APL_4881/2024), the Court of Appeal partly set aside the order of the Munich Local Division of 18 January 2024, under which the period for Netgear to respond to the extension of Huawei's infringement action to…

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NanoString Germany v 10x Genomics (CoA, 11 March 2024)

11 March 2024 CoA / Luxembourg (LU) / Generic Order Decision with commentary

By order of 11 March 2024 (UPC_CoA_335/2023, APL_576355/2023), the Court of Appeal, in the panel that ruled on NanoString's appeal against 10x Genomics and the President and Fellows of Harvard College (EP 4 108 782), corrected, after hearing the parties, an obvious…

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NETGEAR Deutschland v Huawei (CoA, 11 March 2024)

11 March 2024 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

By order of 11 March 2024 (UPC_CoA_44/2024, APL_5395/2024), the Court of Appeal partly set aside the order of the Munich Local Division of 18 January 2024, under which the period for Netgear to respond to the extension of Huawei's infringement action to…

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NanoString Technologies v 10x Genomics (CoA, 11 March 2024)

11 March 2024 CoA / Luxembourg (LU) / Appeal RoP220.1 Decision with commentary

By order of 26 February 2024 (UPC_CoA_335/2023, APL_576355/2023), the Court of Appeal, sitting with five judges including two technically qualified judges, set aside the order of the Munich Local Division of 19 September 2023 granting the application for provisional measures of 10x…

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NanoString Technologies v 10x Genomics (CoA, 26 February 2024)

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

By order of 26 February 2024 (UPC_CoA_335/2023, APL_576355/2023), the Court of Appeal rejected the requests of both parties to stay the proceedings in NanoString's appeal against the provisional measures ordered by the Munich Local Division in favour of 10x Genomics and the…

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Netgear v Huawei Technologies (CoA, ORD_9613/2024, 22 February 2024)

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

By order of 22 February 2024 (APL_5395/2024, App_7580), the Court of Appeal rejected Netgear's application to shorten the 15-day period available to Huawei to respond to the statement of grounds of its appeal, lodged against the order of the Munich Local Division…

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Netgear v Huawei Technologies (CoA, ORD_9612/2024, 22 February 2024)

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

By order of 22 February 2024 (UPC_CoA_36/2024, APL_4881/2024, App_7573/2024), the Court of Appeal rejected Netgear's application to shorten the 15-day period available to Huawei to respond to the statement of grounds of its appeal, lodged against the order of the Munich Local…

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Meril v Edwards Lifesciences (CoA, 15 February 2024)

15 February 2024 CoA / Luxembourg (LU) / Generic Order Decision with commentary

By procedural order of 15 February 2024 (UPC_CoA_2/2024, APL_83/2024), the judge-rapporteur of the Court of Appeal set at EUR 11,000 the fee payable for Meril's appeal against the costs decision of the Munich Local Division of 19 December 2023, made when closing…

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Ocado Innovation v Respondent (CoA, 8 February 2024)

8 February 2024 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

By order of 8 February 2024 (UPC_CoA_404/2023, App_584498/2023), the Court of Appeal held that a member of the public requesting access to documents on the register under Rule 262.1(b) RoP must be represented before the UPC, and gave him 14 days to…

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Meril Life Sciences v Edwards Lifesciences (CoA, 18 January 2024)

18 January 2024 CoA / Luxembourg (LU) / Application Rop 223 Decision with commentary

By order of 18 January 2024 (UPC_CoA_4/2024, App_100/2024), the Court of Appeal rejected Meril's application for suspensive effect of its appeal against the costs decision of the Munich Local Division of 19 December 2023, given after provisional measures proceedings brought by Edwards…

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Netgear v Huawei (CoA, 11 January 2024)

11 January 2024 CoA / Luxembourg (LU) / Application Rop 333 Decision with commentary

By order of 11 January 2024 (UPC_CoA_486/2023, App_595643/2023), the standing judge of the Court of Appeal granted Netgear's application for discretionary review and gave it leave to appeal the order of the judge-rapporteur of the Munich Local Division of 11 December 2023,…

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Ocado Innovation v Autostore (CoA, 10 January 2024)

10 January 2024 CoA / Luxembourg (LU) / Application RoP262.1 (b) Decision with commentary

By order of 10 January 2024 (UPC_CoA_404/2023, App_584498/2023), the Court of Appeal held inadmissible the applications of two firms, Mathys & Squire LLP and Bristows (Ireland) LLP, to intervene in Ocado's appeal against an order granting a third party access to its…

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Guangdong OPPO Mobile Telecommunications v Panasonic Holdings (CoA, 20 December 2023)

20 December 2023 CoA / Luxembourg (LU) / Application for an Order for expedition of an appeal (RoP225(e)) Decision with commentary

By order of 20 December 2023 (UPC_CoA_478/2023, App_594342/2023), the Court of Appeal, sitting with its three legally qualified judges only, rejected the application by OPPO and OROPE Germany to shorten Panasonic's time limit for responding to their appeal against the refusal to…

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Guangdong OPPO Mobile Telecommunications v Panasonic Holdings (CoA, 19 December 2023)

19 December 2023 CoA / Luxembourg (LU) / Application for an Order for expedition of an appeal (RoP225(e)) Decision with commentary

By order of 20 December 2023 (UPC_CoA_476/2023, App_594339/2023), the Court of Appeal, sitting with three legally qualified judges, rejected an application by Guangdong OPPO Mobile Telecommunications and OROPE Germany to shorten the time limit for Panasonic Holdings Corporation's response to their statement…

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Guangdong OPPO Mobile Telecommunications v Panasonic Holdings (CoA, 18 December 2023)

18 December 2023 CoA / Luxembourg (LU) / Application for an Order for expedition of an appeal (RoP225(e)) Decision with commentary

By order of 18 December 2023 (UPC_CoA_472/2023, App_594327/2023), the Court of Appeal, sitting with three legally qualified judges, rejected an application by Guangdong OPPO Mobile Telecommunications and OROPE Germany to shorten the time limit for Panasonic Holdings Corporation's response to their statement…

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Ocado Innovation v Autostore companies (CoA, 11 December 2023)

11 December 2023 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

By procedural order of 11 December 2023 (UPC_CoA_404/2023, App_584498/2023), the judge-rapporteur of the Court of Appeal set the course of Ocado Innovation's appeal against the order of the Nordic-Baltic Regional Division of 17 October 2023 granting a member of the public access…

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Ocado Innovation v Third Party (CoA, 6 November 2023)

6 November 2023 CoA / Luxembourg (LU) / Application Rop 223 Decision with commentary

By order of 6 November 2023 (UPC_CoA_407/2023, App_584588/2023), the standing judge of the Court of Appeal, acting in extreme urgency, granted suspensive effect to Ocado Innovation's appeal against the order of the Nordic-Baltic Regional Division (ORD_573437/2023) that gave a third party access,…

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