Request for security for costs dismissed (Article 69(4) UPCA, Rule 158 RoP). Simple reference to Claimant’s registered office in Canada does not demonstrate that a cost order would be unduly burdensome. Claimant’s annual revenue estimated to be less than EUR 20 million in 2025 , is not so low that one could assume...

Public access to registry granted to law firm (Art. 45 UPCA, Rule 262.1(b)) .After anonymisation of personal data. Limited to documents regarding unreasonable delay. (Rule 211.4 RoP)

Withdrawal by party consent. (Rule 265 RoP). Partial withdrawal of infringement action allowed. Rule 265.1 RoP also applies if the action is not withdrawn in its entirety, but only in relation to some of several defendants.

Language of proceedings changed from German to English for reasons of fairness. (Article 49 (5) UPCA , Rule 323 RoP). The need for strategic coordination and technical support in a common working language is a decisive factor in the balancing of all interests. Taking into account that the language primarily chosen is n...

Claims for damages for loss of profits dismissed because it cannot be concluded that the claimant is entitled to the amount claimed or that an order for payment of damages can be made (Article 68 UPCA, Article  13 Enforcement Directive). National law applies to a claim for damages for loss of profit where the facts of...

Application for discretionary review granted (R. 220.3 RoP; R. 333 RoP, R. 262 RoP) because the question of whether the rapporteur’s decision regarding access under R. 262 RoP is subject to review by the panel pursuant to R 333 RoP, and whether and how an appeal may be lodged against that decision, raises fundamental...

Request for discretionary review by Court of Appeal dismissed of retroactive extension of time period for lodging Reply (R. 220.3 RoP, R. 29(a) RoP, R. 9.3(a) RoP). Impugned order not manifestly incorrect. The LD dismissed the application for re-establishment of rights pursuant to R. 320 RoP and used its discretion to...

Infringement orders for UK and Germany set aside. No infringement in Germany because private prior use right of Kodak Graphic (Article 28 UPCA). Alleged infringement by Kodak Graphic in UK unsubstantiated (Article 25 UPCA). Fujifilm accepts that under UK law the importer is the party who has legal and beneficial interest...

No default judgment justified as a sanction for lack of diligence in providing a bank guarantee of € 200.000 within the ordered time limit of 16 January 2026 (R. 158.5 RoP, R. 355 RoP). It should be noted that R. 158.5 RoP provides that the reporting judge ‘may’ issue a default judgment, which leaves the judge with...

Request for discretionary review dismissed (R. 220.3 RoP). The fundamental legal question underlying the request has been clarified by the Court of Appeal in its order of 13 March 2026 [between the same parties] . The Court of Appeal ruled that, where the UPC has jurisdiction on the basis of Article 7(2) of Regulation...

Appeal from security for costs order (R.  158 RoP) inadmissible in the absence of a leave to appeal (R. 220.2 RoP). Appeals against security for costs orders require prior authorisation from the CFI unless brought with the final decision. A general reference to appeal provisions does not constitute permission to appeal...

Appeal stayed at joint request of the parties (R. 295(d) RoP) to facilitate a pending settlement and avoid unnecessary deadlines

Suspensive effect of appeal from order to produce evidence rejected (R. 223 RoP, R. 190 RoP, R. 262A RoP). The appeal is not devoid of purpose: a succesfull appeal  would result in the exclusion of the produced documents from the evidentiary record. The impugned Order must be clearly construed as meaning that only the...

Patent maintained in amended form. Court must examine the standing to sue on its own motion. Revocation action admissible despite patent expiry (Article 65 UPCA, R. 42 RoP). A revocation action remains admissible after expiry if infringement damages for the past are at stake. Claimants had a legitimate interest due to...

CFI decision set aside: provisional measures granted. Invalidity defence in proceedings for provisional measures does not require a counterclaim for revocation and is not a separate action (R. 25.1 RoP, R. 205 RoP). Similarly, a waiver of an invalidity defence in proceedings for provisional measures is not an...

Ex parte anti-anti-suit injunction granted prohibiting the defendants from pursuing a Chinese “interim licence” (Article 32 UPCA, Article 56 UPCA, Article 62 UPCA, Article 7 Brussels I). The Court has jurisdiction and competence. The place where the threatened infringement of the applicants’ patent rights is to occur...

Leave to appeal a cost decision granted (R. 221.3 RoP). Decision should have been issued after Guardant had access to the unredacted version of the application and exhibit SG106, and had the opportunity to comment on them. Request to join the appeal with the pending appeal on the merits refused (R. 340 RoP). The...

Request for suspensive effect of security of costs order rejected for lack of exceptional circumstances. (Article 74 UPCA, Article 69 (4) UPCA, Rule 223 RoP, Rule 158 RoP). The applicant did not demonstrate: Manifest error in the decision,Irreversible harm or Violation of fundamental procedural rights.

Offline streaming copy does not fall under private copying exception of article 5(2)(b) Directive 2001/29/EC (‘InfoSoc Directive’): Offline streaming functionality must be regarded as communication of a work to the public within the meaning of article 3(1) InfoSoc Directive. Offline streaming copy cannot be classified...

Request for simultaneous interpretation from French to English and vice versa denied. Hearing to be held in English. (Rule 109.2 RoP) Procedural rules must be applied in a flexible and balanced manner, with the requisite degree of discretion. An official representative of the Respondents not having command of the...