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...

Jurisdiction and competence of the court. (Article 33 UPCA). CD Paris lacks jurisdiction to hear the infringement action against defendants not named in the previous order. (Article 33 (1) UPCA). Although the order was issued without hearing two companies, it took into account the situation corresponding to multiple...

Request for suspensive effect rejected due to lack of exceptional circumstances (Article 74 UPCA, Rule 223.1 RoP). Appellant has not argued that the decision is manifestly flawed, or that the decision is based on a breach of a fundamental procedural right. In the application for suspensive effect, appellant does not...

Patent valid and infringed (Article 65 UPCA , Article 25(a) UPCA , Article 26 UPCA). Permanent injunction granted for recall and destruction of goods. (Article 63(1) UPCA) the defendant markets and uses the invention of the patent. Advertising materials are excluded from destruction (Article 64 (2)(e) UPCA) because...

Preliminary injunction granted in appeal (R. 211 RoP, R. 242 RoP). Claim construction (Article 69 EPC). Claim 1 only requires that the monitored glucose levels and the event data icons are included in the same timeline graph. The claim does not require both to be in the same area of the graph or within a certain range...

Jurisdiction (Article 31 UPCA). By not contesting the jurisdiction and competence of the Court in First Instance, the Appellant (Defendant in first instance) has in principle foregone this opportunity on appeal and cannot raise the alleged lack of jurisdiction and competence as a ground for overturning the impugned...

A party or its representative may prepare a private transcript of an oral hearing, based on an audio recording pursuant  R. 115 RoP. When producing a private transcript, a party or its representative may obtain support of an assistant or support staff, such as a stenographer, working in the presence and under the...

Appeal dismissed of rejection of provisional measures (Article 62 UPCA, R. 206 RoP, R. 211 RoP). Admissibility of auxiliary requests in provisional measures proceedings (R. 30 RoP, R. 222 RoP). Asserting a patent in an amended (non-granted) form is not automatically inadmissible and depends on the circumstances of the...

The principle that parties shall set out their full case as early as possible in the proceedings (RoP, Preamble, paragraph 7, last sentence) also applies to applications for suspensive effect. This means that an application for suspensive effect must set out all the reasons, facts, evidence and arguments on which the...

The Court of First Instance has case management discretion to either decide on the Preliminary objection as soon as practicable or decide to deal with the Preliminary objection in the main proceedings (R. 19 RoP, R. 20 RoP, R. 102.1 RoP, R. 331.1 RoP). The decision to deal with the Preliminary objection in the main...