Uniform deadline set for all Defendants , for the lodging Statement of defence and a possible Counterclaim for revocation. (Rule 9 RoP , Rule 24 RoP). Given that the current deadlines would deviate by only 20 days, the request for alignment of time limit is reasonable.The claimant has to bear the risk of deviating...

Joint withdrawal of the revocation action and counterclaim for infringement on reaching settlement. (Rule 265.1 RoP)

Joint withdrawal of infringement action on reaching settlement. (Rule 265.1, 2 RoP)

Preliminary objection on jurisdiction rejected (Article 32 UPCA, Article 33 UPCA, Rule 19.1 RoP). Grounds of lack of standing and res judicata, have no bearing on the court’s subject-matter or territorial jurisdiction and are not included in the list of preliminary objections in Rule 19.1 RoP, which must be regarded as...

Language of proceedings changed from German to English by party consent (Article 49 (5) UPCA, Rule 323.1. RoP). 

Inspection of seized product samples to be conducted in the presence of both parties at oral hearing. (Article 59 UPCA, Article 60 UPCA, Rule 199 RoP). Without the cutting and dissection operations previously indicated in the order of February 13, 2026.

Patent valid in amended form (Article 65 UPCA, Article 123 (3) EPC ). Claim Interpretation (Article 69 EPC). A claim must be interpreted as a whole, in a logical and consistent manner. Nothing would lead a person skilled in the art reading this claim to believe that [….] each time the word “air” appears, they are free...

IPPT20260316, UPC CFI, LD Düsseldorf, TRUMPF v IPG Laser

Patent valid and infringed. Permanent injunction granted (Article 25 UPCA, Article 26 UPCA , Article 63(1) UPCA). Infringement : Direct, literal use of the teaching of claim 2 (coupled in lasers) of the contested patent. (Article 25 UPCA). The embodiment features...

Patent valid and infringed (Article 25 UPCA , Article 65 UPCA). Claim interpretation (Article 69 EPC). Claim 6 - input fiber bundle: the term “an” must be understood as a numeral. Contrary to the defendant’s view, feature 6.1.1.1 provides for only one inner input fiber, which serves as a clear reference point for (at...

UPC case load, activity and trends as of 31 May 2026

Request for security for costs granted against Costa Rican defendant. (Rule 158.1 RoP, Article 69 (4) UPCA). Enforcement proceedings in Costa Rica not considered to be “unduly burdensome”. The assessment to be made is whether “similar or identical” guarantees are in place for recognising and enforcing UPC costs orders...

Patent revoked and not infringed (Article 65 UPCA, Article 25 UPCA). Added matter in claim 1 and 5 .(Article 138 1(c)) The skilled person cannot infer directly and unambiguously that “network interface means” are coupled between the modules and the network, being structurally interposed between them. Attacked...

Revocation action disposed on becoming devoid of purpose. (Rule 360 RoP) Patent revoked ab initio (Article 101.2 EPC). Patent revoked by the Opposition Division of the EPO after the filing of the defence to the revocation action. Claimant’s request to declare the revocation action devoid of purpose, under the condition...

Extension of time by one month for lodging the statement of defence. (Rule 23 RoP, Rule 9 RoP)

Request to allow Claimant to submit brief formal comments on defendants’ submissions rejected. (Rule 36 RoP). Reasons named are insufficient: Claimant has not specified any new facts, request remains vague. Claimant’s right to be heard is not unduly restricted by the rejection of the request.

Preliminary objection on language of proceedings rejected. (Article 49 UPCA, Rule 19 RoP, Rule 14.2(b) RoP). Rule 14.2. RoP is an exception to be interpreted restrictively. Proceedings shall be conducted in the official language of the contracting member state (Italian) only when conditions of Rule 14.2 (b) RoP are cum...

Access to written pleadings and submissions granted to law firm in a closed case where a final decision has been rendered. (Article 45 UPCA, Rule 262.1 RoP). In such a case, interests laid down in Art 45 UPCA are properly balanced and, unless relevant reasons arise access should be granted. Request regarding evidence...

Defendant 1 to pay the fee for Counterclaim for revocation on submission of a separate counterclaim. (Rule 370.7 RoP , Rule 25 RoP). If a counterclaim for revocation is submitted on behalf of several defendants, only one court fee needs to be paid. If one of the defendants submits their own counterclaim at a later...

Suspension of inspection of files by a third party granted in light of applicant’s request for a panel review. (Rule 262.1(b) RoP, Rule 335 RoP , Rule 333 RoP). A judge-rapporteur whose procedural order or decision is subject to review by the panel may be entitled to and, if applicable, also obliged to suspend their...

One week extension for the submission of the Rejoinder / Reply / Defence , for the application for amendment of the patent. (Rule 9.3 RoP, Rule 29 RoP, Rule 30 RoP). Extension will not affect the dates already set for the interim conference and oral hearing.