Germany: Litigation, Mediation & Arbitration

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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
CoA, July 6, 2026, Decision Regarding Application To Withdraw (R. 265 RoP) And Reimbursement Of Court Fees (R. 370.9 RoP), UPC-CoA-29/2026, UPC-CoA-30/2026
The Court of Appeal of the Unified Patent Court addresses applications to withdraw in appeal proceedings involving Bekaert Combustion Technology B.V., NV Bekaert SA, and Polidoro S.p.a. concerning European Patent EP 2 037 175. The proceedings examine procedural rules governing withdrawal applications under the Rules of Procedure, specifically Rules 265.1, 265.2(c), and 370.9(b).
Germany Litigation
BP
Bardehle Pagenberg
Article
UPC: Security For Costs Not Required Where Claimant Is Backed By Appropriate Litigation Insurance
The UPC Court of Appeal has overturned a €2 million security for costs order, finding that a claimant's litigation insurance with anti-avoidance endorsement provides sufficient protection against unenforceability of adverse costs orders. This landmark decision addresses whether appropriate litigation insurance can substitute for traditional security mechanisms and signals that courts must properly consider such policies when assessing security applications.
Germany Litigation
MC
Marks & Clerk
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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
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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
CoA, July 6, 2026, Decision Regarding Application To Withdraw (R. 265 RoP) And Reimbursement Of Court Fees (R. 370.9 RoP), UPC-CoA-29/2026, UPC-CoA-30/2026
The Court of Appeal of the Unified Patent Court addresses applications to withdraw in appeal proceedings involving Bekaert Combustion Technology B.V., NV Bekaert SA, and Polidoro S.p.a. concerning European Patent EP 2 037 175. The proceedings examine procedural rules governing withdrawal applications under the Rules of Procedure, specifically Rules 265.1, 265.2(c), and 370.9(b).
Germany Litigation
BP
Bardehle Pagenberg
See more
See more
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