UPC_CFI_829/2024 – UPM v International N&H

Court
Central Division Munich
Date
Sector
Other
Decision Type
PROCEDURAL

Expert Commentary

Interim conference Facts 1. The revocation proceedings were started on 20 December 2024. 2. The interim conference (“IC”) took place on 21 November 2025. Orders made at the IC: 1. The value of the case is set at €1 million. 2. The defendant is allowed to clarify and order its requests as discussed during the interim conference. 3. The oral argument is set for 15 January 2026. Comment This is exactly the goal of an IC. Apparently the defendant had not submitted clear requests in a logical order. Whether they did this on purpose (“to keep options open”) or not, does not matter in the end. The JR sorted it out during the interim conference so that during the oral argument everybody knows what they are talking about!

Full Decision Text

Action n°: UPC 829/2024 Revocation action Order of the Court of First Instance of the Unified Patent Court Central Division (Section Munich) issued on 21 November 2025 CLAIMANT: UPM-Kymmene Oyj, Alvar Allon katu 1 - FI-00101 - Helsinki - Finland represented by Clemens Tobias Steins of Hoffmann Eitle PartmbB. DEFENDANT: International N&H Denmark ApS, Parallelvej 16 – 2800 Kongens Lyngby – Denmark (substituted for Virdia Inc.) represented by Matthew Naylor of Mewburn Ellis LLP. 1 PATENT AT ISSUE European Patent number 2 611 800. 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 THE PROCEEDINGS: English. SUBJECT-MATTER OF THE PROCEEDINGS Revocation action. Rule 105.5 RoP. BACKGROUND AND FACTS 1. On 20 December 2024, the Claimant brought a revocation action in the Central Division (Section Munich) against the Defendant in relation to EP 2 611 800. 2. An interim conference was held on 21 November 2025 before the judge-rapporteur. The parties were represented by their representatives as mentioned above. The Claimant was further represented by Peter Klusmann and Adam Lacy, both of Hoffmann Eitle. The Defendant was further represented by Paul Dunne, Chloe Flower and Rebecca Blundell, all of Mewburn Ellis. 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 value of the case is set at EUR 1.000.000 (one million euro).  The Defendant is allowed to clarify and order its requests as discussed during the interim conference and is ordered to confirm its requests in writing, at the latest by 28 November 2025.  The date of the oral hearing, Thursday 15 January 2026, 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 noon CET on Friday 9 January 2026 (contact_munich.ctl@unifiedpatentcourt.org).  Any other decision will be taken by the panel after hearing the parties at the oral hearing. 2 András Ferenc Digital unterschrieben von András Ferenc Kupecz Kupecz Datum: 2025.11.21 14:07:40 +01'00' Issued on 21 November 2025 KUPECZ Judge-rapporteur 3

Key Holdings

  • An interim conference was held in revocation proceedings initiated on 20 December 2024.
  • The value of the case was set at €1 million.
  • The defendant was granted permission to clarify and organize its requests.
  • The oral argument was scheduled for 15 January 2026.
  • The interim conference successfully clarified the defendant's requests, ensuring a more efficient oral argument.

Tags

  • Case Management
  • Costs
  • Interim Measures
  • Revocation

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