The First Two UPC Infringement Decisions on the Merits Handed Down

On 3 July 2024, the Düsseldorf Local Division handed down the UPC’s first ever infringement decision on the merits (ORD_598324/2023). Only 24 hours later, the Paris Local Division quickly followed up with the UPC’s second infringement decision (ORD_37297/2024). These first two decisions in infringement cases at the UPC were issued within the rapid timeline the Court has set itself for deciding actions, and addressed various interesting legal issues. In both cases there was no bifurcation of the issues of validity and infringement, and these were instead heard together. The Court’s approach to assessment of inventive step in both cases is of particular interest for comparison with the approach taken at the EPO.

In a long read, we provide a detailed review of these first two decisions of the UPC, which shed more light on how the UPC will approach issues such as jurisdiction, validity and specific infringement defences. A raft of further decisions is also expected to issue soon, particularly given that 28 infringement actions were filed at the UPC in its first two months. More and more insight into the UPC’s approach to particular issues will become possible once its case law develops further.