European Union: Patent

The Court of Appeal addresses whether the deadline for submitting a Statement of response to an appeal can be extended when new information becomes available after the Statement of grounds of appeal was received. This procedural decision involves an appeal between Fives ECL and REEL GmbH concerning European Patent EP 1 740 740, examining the application of specific UPCA articles and Rules of Procedure governing extension of time limits in UPC appeal proceedings.

The Milan Local Division of the UPC Court of First Instance issued a comprehensive decision by default addressing critical questions of service procedure, damages standards, and enforcement mechanisms in cross-border patent infringement cases.

The Munich Local Division of the Unified Patent Court addressed critical procedural questions in provisional measures proceedings, examining how prior knowledge of infringement allegations from parallel litigation in other jurisdictions affects the timeline for preparing objections. The court's decision establishes important precedents for balancing swift relief against the fundamental rights of respondents in cross-border patent disputes.

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The Court of Appeal examines a request for discretionary review in a patent dispute between Adobe Inc., Adobe Systems Software Ireland Limited, and KEEEX SAS concerning European Patent EP 2 949 070. This procedural matter involves multiple rules of procedure including provisions on discretionary review, case management, and appellate processes within the Unified Patent Court framework.

The Court of Appeal of the Unified Patent Court examines an application for suspensive effect in appeal proceedings involving patent EP 2 791 402. Chinese technology companies Xingi Technology and Jiangsu Jiuzhou challenge a decision from the Local Division in The Hague brought by Avient Protective Materials B.V. The case involves procedural rules governing suspensive effect applications under the UPC Rules of Procedure.

The Court of Appeal of the Unified Patent Court addresses applications to withdraw in appeal proceedings involving Bekaert Combustion Technology B.V., NV Bekaert SA, and Polidoro S.p.a. concerning European Patent EP 2 037 175. The proceedings examine procedural rules governing withdrawal applications under the Rules of Procedure, specifically Rules 265.1, 265.2(c), and 370.9(b).

For experienced Intellectual Property (IP) professionals, a patent grant decision issued by the European Patent Office (EPO) marks the start of a compressed, high‑risk execution phase. The post‑grant window demands precise coordination across jurisdictions and choices that directly affect enforceability and portfolio value.

The Court of Appeal of the Unified Patent Court has issued three significant procedural rulings addressing the admissibility of late invalidity attacks, the scope of withdrawal provisions, and the proper forum for cost decision applications. These decisions clarify critical procedural requirements that will impact litigation strategy before the UPC.