UPC_CFI_280/2025 – Wirplast v Vilpe Oy
- Court
- Central Division Munich
- Date
- Outcome
- Granted
- Sector
- Other
- Decision Type
- PROCEDURAL
Expert Commentary
Interim Conference Facts 1. On 2 April 2025, claimant started a revocation against defendant. 2. The interim conference was held on 9 October 2025. Order after the interim conference 1. The rejoinder to the reply to the defence to the application to amend the claim, dated 28 September 2025 but received late by the Court, is admitted. 2. The request not to have to file translations of D1, D2 and D4 is rejected. 3. Further management orders are given. 4. The value of the litigation is set at € 630.000. 5. The date of the oral hearing is set at 3 December 2025. Visual aids are allowed. They have to be sent to the other party by28 November 2025. Comment This was the idea when the Rules were created! A timely interim conference, which also shows that in revocation proceedings if a Court is not overburdened with work (like the German Local Divisions) and there is an efficient JR, you can have an (orderly) oral hearing 8 months after the Statement of Claim.
Full Decision Text
Action n°: UPC 280/2025 Revocation action Order of the Court of First Instance of the Unified Patent Court Central Division (Section Munich) issued on 10 October 2025 CLAIMANT WIRPLAST – Więcek Spółka Jawna Stawowa 9 - 42-287 - Babienica - Poland. represented by: Oskar Ginko, AOMB Polska sp. z o. o. DEFENDANT VILPE OY, Kauppatie 9 - 65610 - Mustasaari - Finland. represented by: Tatu Ahlskog and Jarkko Tiilikainen, Laine IP Oy. PATENT AT ISSUE European patent EP 2 649 380. PANEL/DIVISION Panel 1 of the Central Division (Section Munich). DECIDING JUDGE This order is an order of the Judge-rapporteur András Kupecz. LANGUAGE OF PROCEEDINGS: English. 1 SUBJECT-MATTER OF THE PROCEEDINGS Revocation action. Rule 105.5 RoP. BACKGROUND AND FACTS 1. On 2 April 2025, the Claimant brought a revocation action in the Central Division (Section Munich) against the Defendant in relation to EP 2 649 380. 2. An interim conference was held on 9 October 2025 before the judge-rapporteur. Parties were represented by their representatives as mentioned above. DECISIONS TAKEN AT THE INTERIM CONFERENCE 3. This order sets out the decisions taken at the interim conference as required by Rule 105.5 of the Rules of Procedure (“RoP”) of the Unified Patent Court (“UPC”): The Claimant´s Rejoinder to the Reply to the Defence to the Application to amend dated 28 September 2025 but received by the Court on 6 October 2025 is deemed to be submitted timely and is part of the case file. The Defendant is allowed to re-order its auxiliary requests as discussed during the interim conference and is ordered to confirm its requests in writing, at the latest on 20 October 2025. The Claimant´s request that documents D1, D2 and D4 need not be translated is rejected. Claimant is ordered to provide translations of D2 and D4, at the latest on 20 October 2025. The Defendant may submit corrections to the translation of document D1 (D1a) at the latest on 20 October 2025. The “Warning letter” submitted as attachment 1 to the Claimant´s Reply to the Defence to Revocation dated 1 August 2025 is admitted into the proceedings. The value of the case is set at EUR 630.000. The date of the oral hearing, Wednesday 3 December 2025, 9.30 AM at the premises of the Central Division in Munich is confirmed. Parties may make use of visual aids such as a power point presentation, provided that these are sent to the Court and the other party at the latest by Friday 28 November 2025, noon CET. Any other decision will be taken by the panel after hearing the parties at the oral hearing. András Ferenc Digital unterschrieben von András Ferenc Kupecz Kupecz Datum: 2025.10.10 15:22:01 +02'00' Issued on 10 October 2025 KUPECZ Judge-rapporteur 2
Key Holdings
- Late rejoinder admitted.
- Request to waive document translations rejected.
- Litigation value set and oral hearing scheduled.
Tags
- Case Management
- Interim Measures
- Revocation
- Translation