SONN Patentanwälte – IP Attorneys

1. UPC: Obligation of the Court of Appeal to Render a Final Decision Instead of Remand

   The Court of Appeal clarifies its obligation to issue a final decision on the merits when setting aside a first-instance judgment. As a rule, the Court of Appeal is required to render a final decision if it sets aside the decision of the Court of First Instance. This means that, after having found...

2. UPC: Requirements for the Judicial Ordering of Decision Publication

   In this decision, the Court of Appeal clarifies the requirements under which the publication of a judgment can be ordered at the infringer's expense. An order for the publication of a decision requires, in addition to the finding of a patent infringement, the establishment of a legitimate interest...

3. UPC-Court of Appeal: Procedural decision on the extension of the time limit for filing the statement of defence on appeal

   The Hamburg Local Division dismissed an infringement action and the counterclaim for revocation. The plaintiff appealed and requested protection of confidential information pursuant to R 262A and R 262.2 VerfO. The Court of Appeal ruled on these motions on July 17, 2025, and granted the defendant...