Request for discretionary review and application for suspensive effect of costs order rejected without hearing defendant’s comments. (Article 74 UPCA, Article 69 UPCA, Rule 158 RoP, Rule 220 RoP, Rule 223 RoP). Costs order not manifestly erroneous - applicant failed to argue, let alone demonstrate that the alleged...

Panel review of order for security of costs dismissed. (Article 69 UPCA, Rule 158.1 RoP, Rule 333 RoP) “FRAND security” does not relieve the Claimant of the obligation to provide security for cost. A bank guarantee provided by a Defendant, as part of his objection of compulsory licence under competition law, as...

Application to conduct oral arguments in English granted, without affecting the language of the proceedings in appeal (French). (Article 50.3 UPCA, Rule 115 RoP , Rule 9.1 RoP). On grounds of conducting a flexible and balanced procedure, organized in an efficient and cost-effective manner.

Interpretation of “anchor defendant” under Article 8 Brussels regulation in civil and commercial matters (Article 8 Brussels Regulation). For decisions to be regarded as irreconcilable, it is not sufficient that they lead to divergent outcomes, that divergence must also arise within the context of the same factual and...

No decision on preliminary objection regarding international jurisdiction (Article 31 UPCA , Article 71b (2) Brussels Regulation, Rule 19 RoP). The question of the UPC’s international jurisdiction for the UK over Chinese defendants to be determined in the forthcoming decision on the merits. No international...

Order to produce evidence within 21 days – application not premature merely because all parties' arguments have not been finalised. (Article 59 UPCA, Rule 190.1 RoP)The Court must consider the cumulative conditions following from LD The Hague Order of 14 October 2024 (Winnow v Orbisk) when assessing an application to...

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Review rejected of Registrar’s rejection of application to remove an unauthorised opt-out (Article 83(3) UPCA, R. 5A RoP). Based on the submissions of the Applicant, it therefore, cannot be established that Polytech on 30 March 2023, when it filed the application to opt-out EP’193 from the exclusive competence of the...

Preliminary objection on international jurisdiction dismissed – Patent infringed, permanent injunction granted. (Article 25 UPCA , Article 26 UPCA , Article 63 UPCA, Rule 19.1(a) RoP) Jurisdiction and competence of court (Article 4(1) , Article 71b(1) Brussels Regulation) Jurisdiction arises since the defendant has its...

Damages awarded for indirect infringement. (Article 26 UPCA, Article 68 UPCA , Rule 118 RoP). Indirect Infringement (Article 26 UPCA). If a patent claim protects a product consisting of two components, the existence of the other component is not a prerequisite for the objective elements of indirect infringement arising...

Paris Central Division has competence to hear infringement action related to the same alleged infringement against defendants having a commercial relationship (Article 33(1) UPCA). Preliminary objection only binding on the parties thereto and not on all the parties involved in the proceedings (R. 19 RoP). 

Appeal of dismissal of preliminary objection rejected (R. 19 RoP). Competence regarding multiple defendants (Article 33(1)(b) UPCA). “Commercial relationship” requires the existence of relations between the defendants concerning commercial activities relating to the product or range of products alleged to have been...

IPPT20260410, UPC CFI, LD Dusseldorf, Seoul Viosys v Expert e-Commerce

Cost decision following the reversal of the first-instance decision in appeal on 2 October 2025 (Article 69 UPCA, Rule 151 RoP). Any costs already reimbursed on the basis of the original cost decision are recoverable as part of the costs of the...

Patent valid, revocation action dismissed (Article 65 UPCA, Rule 25 RoP). Inventive step present (Article 56 EPC) Subject-matter of claim 1 is not obvious over prior art (D1) and the skilled person’s common general knowledge. Even if a certain prior art document (D1) in the same technical field (ventilation devices) as...

Patent valid and infringed. Preliminary injunction granted . (Article 25 UPCA, Article 65 UPCA, Article 62 UPCA, Rule 211 (1) RoP). Jurisdiction and Competence (Article 4, Article 8 (1), Article 71 Brussels Regulation).UPC has international jurisdiction under Article 4 Brussels for every defendant, who is based or...

Preliminary injunction granted - likelihood of infringement (Article 25 UPCA , Article 62 UPCA, Rule 211 (1) RoP) UPC has competence and internation jurisdiction over the Spanish part of the EP in Spain. (Article 4, Article 8 (1), Article 71 Brussels Regulation). All divisions of the UPC are courts of domicile...

Language of proceedings changed to the language in which the patent was granted - English. (Article 49 UPCA , Rule 323.3 RoP). Respondent to provide English translations of the statement of claim.

Second application for postponement of scheduled oral hearing dismissed - lack of sufficient grounds. (Rule 9 RoP , Rule 112 RoP). If the Court invites the parties to comment on proposed dates for the interim conference or the oral hearing, UPC representatives are expected to respond promptly, and no later than the...

Request to stay infringement proceedings denied, following the Opposition Division’s decision on invalidity of patent. (Rule 295 (a) RoP). Court concurs with the Opposition Division that the patent as granted is invalid on the grounds of added matter, but is valid in the version of auxiliary request 10b. 

Preparation for oral hearing at interim conference (Rule 105.5 RoP , Rule 112 RoP) by deciding on mutual objections of parties as much as possible, and addressing outstanding applications, after having (further) heard the parties. Case discussed based on all topics suggested beforehand by the Court and parties. Judge...