Jul 4, 2026
In this key ruling, the Court of Appeal addresses the strict territorial requirements for registering the unitary effect of a European patent. Article 3(1) of the Unitary Patent Regulation cannot be interpreted as…
Read more →Jul 3, 2026
The court of first instance has jurisdiction to impose penalty payments for infringements of an order of the Court of Appeal (here: preliminary measure). An order of the Court of Appeal which sets a ceiling for the…
Read more →In this landmark request for a preliminary ruling, the Court of Appeal of the Unified Patent Court is dealing for the first time with fundamental questions concerning the jurisdiction and liability of authorised…
Read more →Jul 2, 2026
The intervener may not engage in actions or make statements that contradict those of the party it supports. An objection to a request to withdraw an appeal under R 265.1 RoP made by the party it supports is therefore…
Read more →Jul 1, 2026
A decision in default against the defendant may be issued if the plaintiff so requests, the defendant has missed a deadline and it is established that service of the statement of claim was effected in due time to allow…
Read more →Jun 29, 2026
The unconditional conversion of an independent counterclaim into a conditional counterclaim, which depends on the occurrence of an intra-procedural condition (a finding of patent infringement by the court), is a…
Read more →Jun 26, 2026
The Mannheim Local Division confirmed its previously issued ex parte preliminary injunction, which prohibits the respondent from obtaining measures such as an "Interim License" or "Anti-Suit Injunction" (ASI) in the…
Read more →Jun 25, 2026
In proceedings for provisional measures, there will often be reasons to allow the successful party an interim award of costs. This allows the successful party to recover, on an interim basis, at least part of the costs…
Read more →The defendant in a counterclaim for revocation of a patent is entitled to amend the patent, provided that the corresponding request is contained in the statement of defence (or at least filed in due time) and contains…
Read more →Jun 22, 2026
The patent was granted to the applicant, but not for Malta, as it was not a member of the EPC when the original application was filed. When the request for unitary effect was filed in 2025, Malta was a member of the…
Read more →Jun 19, 2026
The defendant disputes the admissibility of a revocation action brought by the French subsidiary of a German company, while the parent company had already filed a counterclaim for revocation against the same patent in…
Read more →Jun 18, 2026
A request for an order to lay open books under R 1311.1 (c) and R 141 to 144 RoP constitutes part of the procedure for the determination of the amount of damages and compensation, which is governed by Chapter 4 of Part…
Read more →Jun 17, 2026
It follows from the Rules of Proceedings that in constellations in which a plaintiff seeks a decision to eliminate the effects of a granted patent (be it with regard to the validity of the patent or the declaration that…
Read more →Jun 15, 2026
In principle, a party is always entitled to be represented jointly by a lawyer and a patent attorney before the UPC, i.e. by two representatives, Art 48(4) UPCA. An appeal procedure under R 220.2 RoP on a specific…
Read more →Jun 12, 2026
The Copenhagen Local Division ordered the preservation of evidence. During the implementation of the measure, the defendants refused access to critical IT systems contrary to the court order. The court then issued an…
Read more →Jun 11, 2026
The court may, when examining an allegation of added matter, of its own motion determine that the skilled person cannot derive a corresponding disclosure from the earlier application. This determination must be made on…
Read more →An order for recall, final removal from the channels of commerce and destruction is generally not considered for products that are only attacked by way of indirect patent infringement, as these are not "the…
Read more →Jun 8, 2026
The unconditional amendment of the Unitary Patent in the counterclaim proceedings has retroactive effect to the date of grant. However, the infringement of the national part of a European patent in a state that is not a…
Read more →Jun 7, 2026
In this decision, the Board of Appeal addresses the strict formal requirements for carrying over requests from the preceding instance. Requests that were filed during the first-instance proceedings but were not decided…
Read more →A patent infringement is not excluded by the fact that a device is normally operated in a non-infringing manner and that customers therefore regularly do not make use of the patented teaching, as long as the use of the…
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