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.

IPPT20260224, UPC CFI, CD Munich, UPM-Kymmene v International N&H

Patent revoked: lack of inventive step, added matter. (Article 56 EPC, Article 138(1)(c) EPC). Claim Construction (Article 69 EPC). Claim 1, being a product claim, is not limited to the use of the claimed sugar composition as an intermediate product in...

IPPT20260225, UPC CFI, LD Düsseldorf, beMatrix v Yaham Technology

Ex-parte preliminary injunction for seizure of infringing goods at a trade show granted against the defendant . (Article 62(1) UPCA, Article 25(a) UPCA, Rule 211.1 (b), Rule 209.2 RoP, Rule 212 RoP) . Attacked embodiment infringes claim 1 of the patent.....

Confidentiality order amended to include omitted paragraphs. (Rule 262 RoP). No reason to exclude claimant's patent attorneys from confidentiality club. (Article 48 UPCA, Article 58 UPCA, Rule. 262A RoP). It follows from Art. 48 UPCA that a party has the fundamental right to freely choose whether it wishes to be...

Amendment of claim allowed (Rule 263.2 RoP)Claimant allowed to include allegedly infringing product “mNEXSPIKE”.

Patent valid and not infringed. (Article 65 UPCA, Article 25 UPCA) Claim interpretation on the basis of the language of the patent (German) (Article 69 EPC, Article 70 (1) EPC). Although the language of the proceedings is English, interpretation and considerations are based on the German text of the patent and the...

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)

Confidentiality club regarding sensitive commercial information and technical know-how of the defendant. (Article 58 UPCA, Rule 262A (2) 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...