Germany: Patent

The Unified Patent Court's Court of Appeal issued a significant ruling on evidence production requests in appeal proceedings involving Network System Technologies LLC and Qualcomm entities. This case addresses procedural matters under Rule 190 of the Rules of Procedure concerning three European patents related to telecommunications technology.

A Munich Local Division ruling addresses whether a counterclaim for patent revocation that transitions from unconditional to conditional status—dependent on a finding of infringement—remains subject to unconditional limitation requirements under Rule 263.3 of the Rules of Procedure. The case involves Papst Licensing's infringement action against Roborock entities concerning EP 3 030 943, with implications for procedural strategy in UPC patent disputes.

The UPC Court of Appeal has issued its first comprehensive guidance on handling infringement claims based on non-UPC patent designations, establishing a structured framework for exercising extra-territorial jurisdiction. This landmark decision clarifies when the UPC will accept jurisdiction over foreign patent designations and under what conditions it will rule on infringement, with significant implications for patent holders and multinational defendants operating across European borders.

The Local Division Munich of the Unified Patent Court issued orders in provisional measures proceedings involving requests to preserve evidence and inspect premises. Reinhausen GmbH brought actions against Shanghai Huaming Power Equipment Co., Ltd. concerning two European patents related to power equipment technology.

Sypox GmbH has initiated revocation proceedings against Topsoe A/S at the Unified Patent Court's Central Division in Munich, challenging the validity of European Patent EP 3 802 413. The case, designated UPC_CFI_894/2026, involves procedural matters under Rule 262A and 262.2 of the Rules of Procedure and Article 58 of the UPC Agreement.

The Unified Patent Court's Court of Appeal issued a procedural order addressing the admissibility of additional auxiliary requests in parallel appeals brought by Advanced Brain Monitoring against Philips entities. The decision interprets Article 73(4) UPCA and Rule 222.2 RoP in the context of patent revocation proceedings involving EP 2 437 696 B2.

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).

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.

A European Patent Office Board of Appeal decision examines whether an interactive kiosk that randomly prints literary content based on user button presses constitutes a patentable technical invention.