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ARTICLE · 20 JULY 2026

CoA, July 10, 2026, Request For A Discretionary Review, UPC_CoA_95/2026

Bardehle Pagenberg
Bardehle Pagenberg
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Bardehle Pagenberg

Bardehle Pagenberg

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The Court of Appeal examines a request for discretionary review in a patent dispute between Adobe Inc., Adobe Systems Software Ireland Limited, and KEEEX SAS concerning European Patent EP 2 949 070. This procedural matter involves multiple rules of procedure including provisions on discretionary review, case management, and appellate processes within the Unified Patent Court framework.

LuxembourgLitigation, Mediation & Arbitration

1. Key takeaways

Discretionary review under Rule 220.3 RoP requires demonstrating manifest error or a fundamental question of law with systemic implications purely case.

The Court of Appeal confirmed the standard established in earlier decisions: discretionary review is available only where the contested order is manifestly erroneous or raises a fundamental legal question with broader implications for the uniform interpretation of the RoP. Questions tied exclusively to the specific facts of the case do not meet this threshold.

A commitment to withdraw a final damages claim does not preclude a provisional damages claim under R. 119 RoP if the applicable procedural order preserved that option.

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