Case Law Clarity

29 May 2026

Penalty payments for non-compliance with UPC cease-and-desist orders: control of third-party platforms and limits of disclaimers (Hamburg Local Division)

In UPC_CFI_553/2025 (Hamburg Local Division, Court of First Instance, 20 May 2026), the Court addressed when penalty payments may be imposed for alleged non-compliance with a UPC cease-and-desist order. The decision is practically relevant for defendants seeking to “switch off” online marketing after an injunction, especially where content is disseminated via third-party platforms.

21 May 2026

T 1719/21: Non-reproducible but commercially available product as closest prior art in view of G 1/23

In T 1719/21 (Technical Board of Appeal 3.3.03, 16 October 2025), the Board addressed whether a non-reproducible but commercially available product could be used as closest prior art in the problem–solution approach for the assessment of inventive step. The decision is relevant because it applies the Enlarged Board’s guidance in G 1/23 to the selection of a realistic starting point for inventive step analysis.

8 May 2026

Brussels Local Division on targeted evidence production

The Brussels Local Division (LD) provided noteworthy guidance on how the Unified Patent Court (UPC) approaches applications to produce evidence under Rule 190 of the Rules of Procedure (RoP). The order was issued in the infringement action UPC_CFI_1357/2025 and related revocation proceedings UPC_CFI_629/2026.

6 May 2026

UPC Court of Appeal on “same parties” under Article 33(4) UPCA, late claim amendments, and an inventive-step framework: Meril v Edwards (EP 3 646 825)

In its decision of 25 November 2025 concerning EP 3 646 825, the Unified Patent Court (UPC) Court of Appeal addressed procedural coordination between infringement and revocation tracks, the admissibility of sequential amendment requests, and core principles for claim construction and inventive step.

Case Law Clarity

Penalty payments for non-compliance with UPC cease-and-desist orders: control of third-party platforms and limits of disclaimers (Hamburg Local Division)

T 1719/21: Non-reproducible but commercially available product as closest prior art in view of G 1/23

Brussels Local Division on targeted evidence production

UPC Court of Appeal on “same parties” under Article 33(4) UPCA, late claim amendments, and an inventive-step framework: Meril v Edwards (EP 3 646 825)

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