Germany: Arbitration & Dispute Resolution

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
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
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 Hamburg, August 24, 2026, Decision On Infringement Action With Counterclaim For Revocation, UPC_CFI_495/2025 And UPC_CFI_494/2025
The Munich Local Division of the Unified Patent Court issued two significant decisions addressing patent exhaustion and FRAND licensing in standard-essential patent disputes. These rulings clarify when upstream licenses to software suppliers exhaust patent rights for downstream products and establish important precedents for SEP enforcement in the telecommunications industry.
Germany IP
BP
Bardehle Pagenberg
Article
Local Division Munich, July 29, 2026, Order, UPC_CFI_515/2026, UPC_CFI_1797/2026
The Local Division Munich reviews a confidentiality order in patent infringement proceedings between CA, Inc. and Deutsche Telekom entities concerning EP 1 955 151. The case involves complex procedural questions under the Unified Patent Court Rules of Procedure regarding confidentiality protections and access to sensitive information in parallel infringement and revocation actions.
Germany IP
BP
Bardehle Pagenberg
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
Article
UPC: No Reinvention Of The Wheel For Doctrine Of Equivalence Test
The Düsseldorf Local Division of the Unified Patent Court has adopted the Dutch-derived four-step equivalence test in a patent infringement case involving stroller wheel locking mechanisms. This decision, which rejected claims of equivalent infringement based on a strict feature-by-feature functional analysis, may signal an emerging consensus on how equivalence should be assessed across the UPC.
Germany IP
MC
Marks & Clerk
Article
Monitoring A Manufacturing Process In A Textile Plant: Non-Technical
A European patent covering a method for monitoring textile manufacturing processes was revoked after appeal proceedings found that its distinguishing features lacked technical character. The Technical Board of Appeal examined whether data processing steps for predicting manufacturing parameters could contribute to inventive step when their subsequent technical use was not explicitly specified in the claims.
European Union IP
BP
Bardehle Pagenberg
Article
Simulation Models For The Quantification Of Cartel Damages
A German court's landmark decision in the European bathroom fittings cartel case has established a five-step framework for estimating cartel damages, with particular emphasis on using economic simulation models to assess pass-through rates to indirect purchasers. This analysis explores how these models address the fundamental challenge of reconstructing unobservable counterfactual market conditions and demonstrates their practical applicability in litigation.
Germany Anti-trust
N
NERA
Article
PMAC Operating Alongside The UPC – Will The Combination Of Conventional Patent Litigation And Alternative Dispute Resolution (ADR) Form The New Gold Standard?
Patent holders of European patents and supplementary protection certificates now have a new option for dispute resolution in patent matters: On June 2, 2026, the Patent Mediation and Arbitration Centre (PMAC), based in Ljubljana and Lisbon, formally opened. Three years after the successful launch of the Unified Patent Court (UPC), the PMAC is added to its framework.
Germany IP
BP
Bardehle Pagenberg
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