France: Litigation, Mediation & Arbitration

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
LD Paris, July 30, 2026, Order Concerning A Preliminary Objection, UPC-CFI-1901/2026
The Paris Local Division of the Unified Patent Court addressed critical jurisdictional questions regarding the interplay between UPC proceedings for provisional measures and parallel national French actions involving supplementary protection certificates. The court examined whether it was "first seized" under Brussels I recast regulations and whether related national proceedings warranted staying the UPC case or declining jurisdiction.
France Litigation
BP
Bardehle Pagenberg
Article
French Court Of Cassation Limits Enforcement Against State-Linked Assets Where EU Stability Objectives Are At Stake
The French Court of Cassation has established a critical limitation on enforcing arbitral awards against State-linked entities when EU financial stability objectives are at stake. In a landmark ruling involving Greece's asset management vehicle HCAP, the Court held that while creditors may generally pursue assets of State emanations, this doctrine must yield when enforcement would undermine EU-mandated restructuring and stabilization programs. This decision fundamentally reshapes enforcement strategy for ar
France Litigation
Aceris Law
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Related Country Guides

LD
Litigation Dispute Resolution
CA
Class Actions
IA
International Arbitration
EF
Enforcement of Foreign Judgments

Arbitration & Dispute Resolution

Article
LD Paris, August 19, 2026, Infringement Action With Conditional Counterclaim For Revocation, UPC_CFI_301/2025 And UPC_CFI_713/2025
The Paris Local Division of the Unified Patent Court issued a decision on the merits in an infringement action brought by Orange SA against HMD Global Oy concerning European Patent EP 2 345 029. The case involved jurisdictions across France, Germany, and Italy, with the defendant filing a conditional counterclaim for revocation under Article 33(3) of the UPCA and Article 69 of the EPC.
France IP
BP
Bardehle Pagenberg
Article
UPC Action Permissibly Lodged Prior To The Grant Of A European Patent
A recent order from the Paris Central Division of the Unified Patent Court establishes that parties may file UPC actions before the grant of underlying European patents, creating new strategic considerations for patent proprietors considering opt-outs. The decision in Omnia Technologies v Sidel Participations demonstrates how timing of opt-out requests has become critical, as the court found jurisdiction even when patents were not yet granted at the time of filing.
European Union IP
FH
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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Court Procedure

Article
LD Paris, August 19, 2026, Infringement Action With Conditional Counterclaim For Revocation, UPC_CFI_301/2025 And UPC_CFI_713/2025
The Paris Local Division of the Unified Patent Court issued a decision on the merits in an infringement action brought by Orange SA against HMD Global Oy concerning European Patent EP 2 345 029. The case involved jurisdictions across France, Germany, and Italy, with the defendant filing a conditional counterclaim for revocation under Article 33(3) of the UPCA and Article 69 of the EPC.
France IP
BP
Bardehle Pagenberg
Article
CoA Luxemburg, August 13, 2026, Central Revocation Action, UPC_CoA_884/2025 (Appeal From UPC_CFI_231/2024)
The Unified Patent Court's Court of Appeal examines critical questions of patent validity, including whether omitting disclosed features constitutes added matter when functional or structural links exist, and how technical effects factor into determining essential features for inventive step analysis. The decision also addresses procedural boundaries for raising new legal arguments on appeal.
France IP
BP
Bardehle Pagenberg
Article
UPC Action Permissibly Lodged Prior To The Grant Of A European Patent
A recent order from the Paris Central Division of the Unified Patent Court establishes that parties may file UPC actions before the grant of underlying European patents, creating new strategic considerations for patent proprietors considering opt-outs. The decision in Omnia Technologies v Sidel Participations demonstrates how timing of opt-out requests has become critical, as the court found jurisdiction even when patents were not yet granted at the time of filing.
European Union IP
FH
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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Class Actions

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Trials & Appeals & Compensation

Article
UPC Confirms Admissibility Of Request To Increase Security For Costs
A Paris division of the Unified Patent Court granted a moderate €100,000 top-up to security for legal costs in a patent infringement case, balancing the defendant's increased defense expenses against the claimant's fundamental right to access justice. The court rejected demands for a much larger security increase, finding that the claimant's status as a micro-enterprise required careful consideration of proportionality principles under EU law.
France IP
MC
Marks & Clerk
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Latest Videos

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