Germany: Court Procedure

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Article
Court Of Appeal, July 16, 2026, Order, UPC-CoA-42/2026
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.
Germany Litigation
BP
Bardehle Pagenberg
Article
LD Munich, July 17, 2026, Order, UPC_CFI_2307/2026
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.
Germany IP
BP
Bardehle Pagenberg
Article
Düsseldorf Local Division, July 20, 2026, Order, UPC_CFI_209/2026
The Local Division Düsseldorf issued a procedural order addressing service of a statement of claim under The Hague Convention when Chinese authorities indicate a defendant refuses to accept documents. The order clarifies whether such refusal constitutes sufficient service and examines the application of Rule 275.2 RoP for immediate service without requiring alternative methods under Rule 275.1 RoP.
Germany Litigation
BP
Bardehle Pagenberg
Article
Court Of Appeal, April 24, 2026, Order Concerning An Application For Suspensive Effect (R. 223 RoP), UPC_COA_57/2026
The Court of Appeal clarifies critical procedural rules regarding non-technical features in patent claims and the timing requirements for initiating appeals. These decisions establish important precedents for how technical character assessments must consider feature interactions and when appeal periods officially commence under the Unified Patent Court Agreement.
Germany IP
BP
Bardehle Pagenberg
Article
UPC: Security For Costs Not Required Where Claimant Is Backed By Appropriate Litigation Insurance
The UPC Court of Appeal has overturned a €2 million security for costs order, finding that a claimant's litigation insurance with anti-avoidance endorsement provides sufficient protection against unenforceability of adverse costs orders. This landmark decision addresses whether appropriate litigation insurance can substitute for traditional security mechanisms and signals that courts must properly consider such policies when assessing security applications.
Germany Litigation
MC
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