Germany: Patent

Subscribe
Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.
Article
LD Düsseldorf, August 25, 2026, Decision On Infringement Action, UPC_CFI_56/2025, UPC_CFI_864/2025
The Local Division Düsseldorf of the Unified Patent Court addresses parallel infringement and revocation proceedings involving dental implant technology patent EP 3 402 420 B1. The case involves Versah LLC asserting patent rights against multiple defendants across nine European jurisdictions, with one defendant withdrawing following settlement while others continue to contest both infringement claims and patent validity.
Germany IP
BP
Bardehle Pagenberg
Article
Court Of Appeal, August 21, 2026, Order On Application For Suspensive Effect, UPC_CoA_135/2026
Violation of principle of party disposition constitutes “manifest error” The Court of First Instance is strictly bound by the relief requested according to Art. 76(1) UPCA and cannot award more than is requested. In case a court awards more than is requested (e.g. change of “and”-warning into “or”-disclaimer) this constitutes a manifest error under Art. 76(1) UPCA (cf. Court of Appeal, UPC_CoA_388/2024, Sibio v. Abbott).
European Union IP
BP
Bardehle Pagenberg
Article
LD Hamburg, August 25, 2025, Order On Application For Provisional Measures, UPC_CFI_1535/2026
The Hamburg Local Division of the Unified Patent Court addresses whether patent holders must assert all potentially infringed patents in a single preliminary measures application, or if they may pursue separate proceedings. The decision clarifies the scope of due diligence obligations when patent holders become aware of potential infringements and the strategic implications for enforcement actions.
Germany IP
BP
Bardehle Pagenberg
Article
LD Düsseldorf, August 21, 2026, Order On The Release Of Information In Inspection And Preservation Proceedings, UPC_CFI_1696/2025
The Unified Patent Court's Local Division in Düsseldorf addresses procedural matters concerning inspection and preservation of evidence in a patent dispute between Danish company Topsoe A/S and German respondents SYPOX GmbH and Josef Kerner Energiewirtschafts-GmbH. The case involves questions regarding the release of detailed descriptions and protection of confidential information under Articles 58 and 60 of the UPCA.
Germany IP
BP
Bardehle Pagenberg
Article
LD Munich, August 17, 2026, Decision On Conditional Counterclaims For Revocation And Cost Allocation, UPC_CFI_492/2025, UPC_CFI_1309/2025
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.
Germany Litigation
BP
Bardehle Pagenberg
Article
UPC Court Of Appeal Provides Further Guidance On Its Long-arm Jurisdiction Over Non-UPC Designations
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.
Germany IP
AO
A&O Shearman
Article
LD Munich, August 6, 2026, Cost Decision, UPC_CFI_1569/2025
A cost determination proceeding at the Unified Patent Court's Local Division Munich involves Niche Biomedical, Inc. (ANEUVO) as applicant and ONWARD Medical N.V. as respondent, concerning European Patent EP 3 421 081 B1. The case addresses the application of Rules 152.2 and 156.1 of the Rules of Procedure, Article 76 of the UPC Agreement, and the Administrative Committee's decision on recoverable costs ceilings.
Germany IP
BP
Bardehle Pagenberg
Article
CoA, August 3, 2026, Order Concerning Penalty Orders, UPC-CoA-28/2026
The Court of Appeal addresses critical questions about the retroactive effect of revoked first-instance decisions involving recurring penalty payments and establishes how enforcement proceedings should be valued. This case examines whether penalty orders lose legal effect when appellate courts overturn underlying merits decisions, and whether valuation should focus on the penalties themselves or the underlying obligations they enforce.
Germany IP
BP
Bardehle Pagenberg
See more