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UPC Unfiltered, by Willem Hoyng – UPC decisions week 49, 2025

UPC Unfiltered Unified Patent Court (UPC) Hot Topic News

Below, Prof. Willem Hoyng provides his unfiltered views on the decisions that were published on the website of the Unified Patent Court (“UPC”) last week. His comments offer a unique insight into the UPC’s case law, as he chairs the Advisory Board of the UPC and participated in drafting the Rules of Procedure of the UPC.


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19 November 2025 (late published)

Local Division Milan, Morello v Gastroteam

UPC_CFI_802/2024 

Default judgment re pizzas

Facts

  1. The two defendants (from Sweden and Italy) have been properly served for infringement of claimant’s patent for a method and machine for making pizza bases.
  2. The defendants do not appear in Court.

The Court

  1. The Court cites all the applicable “default” provisions on the Statute of the Unified Patent Court (Art. 37) and the Rules of Procedure (R. 277 RoP and R. 355 RoP), and follows these Rules.
  2. It states first of all that the Statement of Claim has been properly served. It concludes that no Statement of Defence has been filed within the required period. It discusses the patent and (as required by the Rules) motivates why indeed based on the facts presented in the Statement of Claim there is an infringement and grants the injunction with the usual further claims, including the order to place a message (in English) on their homepage that their machine is infringing and will not be marketed  anymore.

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