You, me & the UPC

On 13 October 2026, the Court of Appeal (CoA) dismissed Rematec GmbH & Co KG’s application for leave to appeal against a Mannheim Local Division (LD) order concerning two unsuccessful applications for cost decisions. Following decisions on the merits in both LD and CoA infringement/revocation proceedings against Europe Forestry, Rematec had missed the deadlines for applications for both cost decisions.

Listen to Ben Reeves' overview of the decision in this episode.

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Melissa Dix talks you through a Paris LD decision from 16 October 2026.

The Paris LD held that Align’s patent relating to orthodontic clear aligners was valid and infringed by Angelalign. The Court granted an injunction covering 17 UPC Member States, together with recall, removal, destruction, information and damages. 

However, it dismissed Align’s arguments relating to allegedly infringing acts in the UK, holding that Align had failed to substantiate the applicable UK law and, in any event, had not established that the relevant defendants had committed infringing acts in the UK.

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The Court of Appeal (CoA) has confirmed the limited circumstances in which it will interfere with First Instance determinations concerning language and has also provided clarity on formalities relating to electronic signatures on filed pleadings.

Tune in to hear Florence Plisner overview of the decision.

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Milly Wickson discussed the Inficon v Elitech decision from the Düsseldorf LD today.

On 6 October 2026, the Düsseldorf LD clarified the limits of r.171(2) RoP when assessing technical evidence of infringement in Inficon v Elitech.

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Sam Harvey unpacks a Court of Appeal (CoA) decision today. 

BF exaCQ AG and ParTec AG, the claimants in these proceedings, had brought patent infringement proceedings against the defendant, NVIDIA in front of the Munich Local Division (LD). In response, the defendant filed a conditional counterclaim for revocation of the patent in-suit, agreeing that a decision on validity would only be required if the patent was found to be infringed.

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The Brussels LD has refused the defendants’ requests for disclosure in 2seventy bio v Johnson & Johnson and in doing so, provided important guidance on entitlement challenges and the procedural status of patent proprietors in UPC proceedings.

Luke Norton explains more in this episode. Listen today.

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On 15 September 2026, the Munich Local Division (LD) granted Oxford Nanopore Technologies (Oxford) interim relief against MGI, in relation to two patents concerning nanopore sequencing technology and MGI’s Cyclone sequencing platform. The relief awarded extends beyond the UPC contracting member states to the United Kingdom, Ireland, Switzerland and Liechtenstein.

Kate O'Sullivan dives into the detail of this decision today. Listen now.

For more UPC developments, explore our UPC case tracker.

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Nischay Mall speaks on the Court of Appeal decision in Heraeus Electronics v Vibrantz today.

The decision addresses a number of important procedural and substantive issues, including the effect of national validity judgments before the UPC, the scope of r. 362 RoP, the evidential consequences of a pleading made "on the grounds of lack of knowledge" under r. 171.2 RoP, the relationship between Art. 28 UPCA and national prior user rights, and the circumstances in which infringing conduct in one Contracting Member State can support relief in others.

For more UPC developments, explore our UPC case tracker.

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Today, Olivia Henry unpacks both the first instance and appeal decisions in the Sidel v Omnia case.

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On 15 September 2026, the Munich LD upheld DivX's unitary patent relating to progressive media streaming and found that Netflix indirectly infringed through the supply of its streaming software. Netflix had sought revocation of the patent and denied infringement, arguing that the patent was anticipated or rendered obvious by various multimedia and streaming disclosures and that, properly construed, its software did not fall within the scope of the claims.

Fariha Chowdhury unpacks the decision in today's episode.

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