Germany: Arbitration & Dispute Resolution

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Article
Court Of Appeal, July 13, 2026, UPC_CoA_79/2026
The Court of Appeal addresses three consolidated appeals concerning withdrawal procedures and fee reimbursement requests in patent infringement proceedings. TIRU's appeals against VEOLIA PROPRETE, MAGUIN SAS, and VALINEA ENERGIE involve procedural matters related to European Patent EP 3 178 578, raising questions about the application of Rules of Procedure governing appeal withdrawals and cost recovery.
Germany Litigation
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
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
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