Germany: Trials & Appeals & Compensation

The UPC Court of Appeal addresses a critical question of cost allocation when a patent holder surrenders their patent immediately after a revocation action is initiated. This case examines whether a claimant who files for revocation must bear the costs when the defendant offers no resistance and surrenders the patent at the outset of proceedings.

The Court of Appeal examines whether an application for suspensive effect can be withdrawn when no final decision has been issued and the opposing party provides consent, addressing the procedural requirements under Rule 265.1 of the Rules of Procedure applied mutatis mutandis.

The Unified Patent Court's Court of Appeal examines procedural rules governing appeals in patent litigation between Lionra Technologies Ltd. and Cisco Systems. This case involves the interpretation and application of specific Rules of Procedure in the context of an appeal from a first instance decision concerning European Patent EP 2 201 740.

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.

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.

The Unified Patent Court has now processed hundreds of cases since opening in 2023, revealing emerging patterns in litigation success rates, procedural timelines, and forum preferences.

The appellants’ representative understood French but lacked sufficient oral proficiency for optimal representation. The Court permitted both parties to plead in English at the hearing of 26 May 2026, while French remained the language of proceedings.

Der BFH hat mit Urteil vom 19.11.2025 (I R 41/22) entschieden: Allein der Abschluss eines neuen DBA genügt, um eine Entstrickungsbesteuerung nach § 4 Abs. 1 Satz 3 EStG auszulösen – ohne jedes aktive Zutun des Steuerpflichtigen.

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