Context: The decisions of the Court of First Instance (CFI) of the Unified Patent Court (UPC) usually don’t opine on infringement if they revoke a patent-in-suit. They increasingly also try to avoid having to rule on a revocation counterclaim if they reach the conclusion that there is no infringement. Revocation counterclaimants can waive that decision by making a revocation counterclaim conditional (see, e.g., Section 1 of our January 17, 2026 UPC Roundup). As a result of such a perfectly legitimate (and, in light of the case load, desirable) pursuit of judicial economy, more and more cases reach the Court of Appeal (CoA) in a “half-finished business” state.
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Panel and counsel
Panel 1a: President Dr. Klaus Grabinski, Judge-rapporteur Emmanuel Gougé, Judge Prof. Peter Blok, Technically Qualified Judge Max Tilmann, and Technically Qualified Judge Gérard Myon.
Counsel for plaintiff-appellant Rematec: Grünecker’s Dr. Ulrich Blumenroeder (“Blumenröder” in German).
Counsel for defendant-appellee Europe Forestry: Boehmert & Boehmert’s Dr. Michael Rueberg (“Rüberg” in German).