[UPCKat] 2025 UPC cases and outcomes: What do the numbers say?

The UPCKat has been crunching
the UPC numbers...

With the aftershocks of 2025 still being felt into 2026, its time for a review of the facts, figures and cases that filled the UPC's docket to see what waves we may experience in 2026.  The UPCKat, this time in the form of Mike Gruber, Christina Guazzi, Harry Hughes and Jess Gilbert (all of Carpmaels) are here to report on the case filing trends, timings and outcomes from 2025 (and the first month of 2026), and what this means for those involved in, or considering, UPC litigation in 2026. 

Over to Mike, Christina, Harry and Jess: 

"Since the UPC opened its doors on 1 June 2023, 838 actions have been filed at the Court of First Instance (excluding actions classed by the UPC as ‘generic’ applications) and 297 appeals/requests have reached the Court of Appeal.  

As of 21 January 2026, the UPC has handed down 157 first instance decisions on infringement actions, revocation actions, and preliminary injunction (PI) proceedings. The UPC Court of Appeal has gone on to give judgments in 22 of these cases.

Infringement Actions 

So far, 457 infringement actions have been filed at the UPC. The German local divisions (LDs) are leading the way, with the Düsseldorf, Munich, Mannheim and Hamburg LDs receiving 77% of all infringement actions filed to date. 

Outcomes are currently evenly balanced, with patentees succeeding in 51% of infringement proceedings on the merits (i.e. the patent was infringed and held valid, or partially valid, and injunctive relief was granted): 38 out of 75 decided cases.

 

For first instance infringement and revocation actions, the UPC aims to hand down decisions within 12 to 14 months from submission of the statement of claim. However, since the first infringement decision in July 2024, the three-month rolling average for case timelines has steadily increased and now stands at just over 15 months, slightly exceeding the UPC’s ambitious target. This pattern likely reflects the current backlog of cases at the busy German LDs.

Counterclaims for Revocation 

 

In response to infringement actions, 206 counterclaims for revocation have been filed (i.e. in 45% of all infringement action proceedings). Of the 75 infringement decisions to date, 56 included a ruling on a counterclaim for revocation (75% of infringement decisions). Of these, 17 counterclaims resulted in the patent being revoked in full (30%), while in 23 cases the patent was maintained as granted (41%), and in a further 16 cases the patent was maintained in an amended form (29%).

Revocation Actions 

As of 21 January 2026, there have been 79 revocation actions filed at the UPC. Most revocation actions to date have been filed at the Paris Central Division (CD) (65%), as shown below. The Milan CD has received 18% of all revocation action filings since opening its doors on 27 June 2024. The substantial number of filings at the Milan CD, which is responsible for life sciences cases (excluding those relating to SPCs), reflects the increasing success of the UPC as a venue for life sciences litigation.

There have been 26 decisions on revocation actions to date, of which 17 have maintained the patent as granted or amended, giving an overall success rate for patentees of 65%. The somewhat higher revocation rate (35%) when compared to the revocation rate in counterclaims for revocation (currently 30%) may be influenced by the different panel compositions at the Central Division, and suggests that those looking to knock out patents may be better off proactively filing a revocation action at the competent CD, rather than waiting to be sued for infringement and responding with a counterclaim.

The average timeline for a standalone revocation claim, from the date of lodging the claim to the final judgment, is just over 13 months.

Preliminary Injunctions (PIs)

There have been 76 applications for PIs to date, of which 65 have been granted, refused or settled. Again, the most popular divisions are the Düsseldorf and Munich LDs, followed by the Hamburg LD, and the Hague LD.

The overall success rate for PI applications that have been granted or refused currently stands at 54%: 29 granted vs 25 refused. The success rate is notably higher in the Düsseldorf and Munich LDs, with success rates of 73% and 67% respectively.

The timelines for PIs are considerably shorter than main actions. For inter partes cases, the average PI proceeding lasts just over four months from lodging the application at the UPC to the final order, although there have been several instances where the timeline for PI proceedings has extended to six months.

Ex Parte Preliminary Injunctions 

Patentees may apply to the UPC for a PI to be granted ex parte without notice to the defendant, although such orders are subject to strict requirements. We are aware of 10 applications for ex parte PIs, of which 6 have been granted and 4 have been refused. In a few instances, the court ordered the applicant to issue an inter partes application following the refusal of an ex parte PI.

  

Trends at the Court of Appeal 

Of the PI cases that have been considered by the Court of Appeal, 8 first instance decisions were upheld, and 6 were overturned (3 grants and 3 refusals were overturned), while one case was remitted to the Court of First Instance, leaving the PI success rate broadly unchanged. On average, the timeframe for an appeal of a PI decision is 5.5 months from the date of lodging the appeal to the final order.

The UPC has now ruled on four appeals of substantive infringement decisions. Three first instance orders have been upheld, and one has been overturned, slightly decreasing the success rate for patentees to 49%. In late 2025, the Court of Appeal handed down three decisions on appeals of revocation actions: while the Court of Appeal upheld two of the first instance decisions, one first instance decision was overturned, with the patent maintained as granted, decreasing the revocation rate to 31%.

What can we take from these figures? 

While the number of decided cases remains relatively small, some key trends have begun to emerge. Infringement actions dominate filings, with the Munich, Düsseldorf and Mannheim LDs emerging as key venues. From a patentee perspective, there is a lot to like, with success rates for PI applications currently standing at 54%, and patentees winning a large majority of both revocation claims and counterclaims for revocation. Notably, claims for patent revocation have been slightly more successful at first instance when brought as standalone revocation actions (35% revocation rate), as compared to counterclaims for revocation (30% revocation rate).

PIs remain a key strategic tool, offering patentees the possibility to obtain a pan-European injunction in just a few months (and potentially much faster where proceedings are brought ex parte). Timelines for both PIs and proceedings on the merits vary across divisions, but overall, the UPC is hearing cases and handing down decisions broadly in line with its aim to conduct proceedings rapidly.

Note on methodology: Filing numbers are based on data sourced from the UPC Registry as of 21 January 2026. Total first instance case numbers include infringement actions, revocation actions, counterclaims for revocation, counterclaims for infringement, actions for declarations of non-infringement and applications for provisional measures. Where multiple counterclaims were filed in the same infringement action, only one counterclaim was counted. Data on decisions is based on judgments available on the UPC Registry and the UPC’s Decision and Orders page as of 21 January 2026, and includes decisions by default. Where two patents were assessed in the same action, the decisions on each patent were counted separately. Our analysis of PI filings and decisions excludes anti-anti-suit injunction applications and similar applications. Where both ex parte and inter partes PI applications were made in the same action, we have counted both decisions. Timelines for each action type were found by calculating the number of days between the date of lodging listed on the UPC Registry and the date of the final order.