Germany: Trials & Appeals & Compensation

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Article
CoA, July 8, 2026, Appeal Decision Regarding Request For Provisional Measures, UPC-CoA-36/2026
When exercising its discretion under R. 222.2 RoP, the CoA weighs the justification for the late submission, its relevance to the appeal, and the position of the opposing party. A party must explain why the evidence could not have been submitted in the first instance. The mere fact that assembling the evidence took time is insufficient where the party had ample opportunity to do so beforehand.
Germany IP
BP
Bardehle Pagenberg
Article
LD Munich, July 7, 2026, Infringement Action And Counterclaim For Revocation, UPC_CFI_846/2024, UPC_CFI_485/2025, UPC_CFI_535/2025
The Court dismissed Defendants’ preliminary objection, holding that in particular Art. 3 and 32(1) UPCA) do not provide for any temporal limitation of the exclusive competence of the Court concerning the acts of alleged infringements, whether acts have taken place before or after the entry into force of the UPCA. This is already confirmed by the CoA (UPC_CoA_156/2025 order of 2 June 2025, XSYS/ESKO).
Germany IP
BP
Bardehle Pagenberg
Article
CoA, June 29, 2026, CoA Partially Overturns Broad Evidence Production Order: Limits On Scope Clarified, UPC_CoA_57/2026
The CoA partially overturned a broad evidence production order of the LD Copenhagen and clarified the limits on the scope. The Court of First Instance had ordered Appellant to produce, subject to a penalty payment of up to EUR 1,000 per day of delay, complete construction drawings, manuals and “other materials” provided to customers. Appellant appealed, raising five grounds: disproportionality, lack of evidentiary necessity for process features, fishing expedition / pre-emptive remedies, self-incrimination, and insufficient confidentiality measures.
Germany IP
BP
Bardehle Pagenberg
Article
Mid Trial Guilty Pleas For Two Charged With 65 Equipment Shipments To Russia
Two brothers in Germany have pleaded guilty mid-trial to breaching EU sanctions against Russia by shipping engineering and industrial equipment valued at €830,000 between 2023 and 2024. As part of a plea agreement with prosecutors, both defendants have accepted four-year custodial sentences, with the court's verdict still pending while their father faces separate prosecution for related offenses.
Germany Criminal
DM
Duane Morris LLP
Article
CoA, June 2, 2026, Appeal Judgment In Infringement Action And Counterclaim For Revocation, UPC_CoA_312/2025 Et Al
[5] Art. 34 UPCA states that “Decisions of the Court shall cover, in the case of a European patent, the territory of those Contracting Member States for which the European patent has effect”. It is not meant to confine the UPC’s jurisdiction to its own territory. Art. 34 UPCA clarifies that as a rule – unless a more limited scope is requested (cf Art. 43, 76 UPCA) – decisions of the UPC shall cover the territory of all Contracting Member States where a European patent has effect.
Germany IP
BP
Bardehle Pagenberg
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