Author: Alexander Wunsch
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CoA, January 15, 2025 order concerning the need to adjudicate UPC_CoA_584-2024
No need to adjudiacte also when appeal has become devoid of purpose: R.360 RoP applies not only when the action itself has become devoid of purpose, but also when the appeal has become devoid of purpose. According to R.360 RoP the Court may at any time, on the application of a party or its own…
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LD Munich, January 10, 2025, order in cost reimbursment procedure, UPC_CFI_249/2023
No interest is added to reimbursable costs of procedures and disbursements in cost reimbursment proceedings: Contrary to German case law there is no interest to be added to reimbursable costs of procedures and disbursments in cost reimbursment proceedings. There is no legal basis for such interest in Rule 151 RoP. Whereas Rules 125 and 131…
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CD Paris, September 16, 2024, decision by default in revocation action, UPC_CFI_412/2023
Requirements of a decision by default: Pursuant to Rule 355 RoP a decision by default against the defendant may be granted where: i) the relevant request is submitted by the claimant; ii) the defendant fails to take a step within the time limit foreseen in the Rules of Procedure or set by the Court, or…
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LD Vienna, January 15, 2025, order in first instance on infringement, UPC_CFI_33/2024
No action for revocation despite objection of nullity: If the allegation is made in the proceedings that the patent is invalid, the statement of defence must contain a counterclaim for revocation of the patent against the proprietor of the patent (R. 25 RoP, R. 42 RoP). Without such counterclaim, the invalidity defence (here: exceeding the…
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LD Milan, January 15, 2025, procedural order, UPC_CFI_472/2024
The court may set deadlines to await an upcoming appeals decision of the EPO: The coordination between the appeal proceedings before the EPO and the proceedings before UPC may be achieved in the most efficient way taking into account the position of all parties, for instance by extending the time limits for filing the statement…
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LD Hamburg, November 19, 2024, oder on confidentiality of patent transfer documents, UPC_CFI_169/2024
Restricted access to documents containing trade secrets: The court restricted the access to unredacted versions of a brief and an exhibit to the legal representatives insofar as they are authorized to represent their party before the UPC and to their internal assistants who are required for cooperation in the present litigation. Further, the court allowed…
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LD Düsseldorf, November 21, 2024, Order on joint hearing of both infringement action and counterclaim for revocation, UPC_CFI_499/2023
Joint hearing of both infringement action and counterclaim for revocation: The local division exercises its discretion to hear both the infringement action and the counterclaim for revocation (Art. 33(3)(a) UPCA). Such a joint hearing of the infringement action and the counterclaim seems to be appropriate in particular for reasons of efficiency. It is also preferable…
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LD Düsseldorf, November 20, 2024, Request for Extension of Time Limits, UPC_CFI_499/2023
Fairness and Equity regarding Extension of Time Limits: Defendants have not consented to the extension of the time limits. However, the requested extension is justified on the grounds of fairness and equity (see the 5th recital in the Preamble to the Rules of Procedure), since the previous time limit was, with the consent of the…
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Court of Appeal, November 21, 2024, decision on a request for a stay of proceedings, UPC_CoA_511/2024
Stay of proceedings is possible even if no final decision in Opposition is expected: Pursuant to Art. 33(10) UPCA and R. 295(a) RoP, the Court may stay proceedings relating to a patent which is also the subject of opposition proceedings before the EPO where a rapid decision may be expected from the EPO. These provisions…
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RD Nordic-Baltic, Procedural order on stay of proceedings, UPC_CFI_380/2023
During the written procedure, Article 33(10) UPCA and Rule 295(a) RoP give the Court a possibility to stay proceedings relating to a patent which is also the subject of opposition proceedings before the EPO if a rapid decision may be expected from the EPO: The Court must respect the fundamental right to an effective legal…
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CD Paris, August 21, 2024, Order on stay of revocation proceedings, UPC_CFI_230/2024
Stay of revocation action pursuant to Rule 295(m) RoP: An appeal against the denial of provisional measures does generally not justify a stay of revocation proceedings pursuant to Rule 295(m) RoP. Rule 295(m) RoP must be applied and interpreted in accordance with the principle according to which proceedings must be conducted in a way which…
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CoA Luxemburg, August 21, 2024, Order concering an application for a discretionary review by the CoA under Rule 220.3 RoP, UPC_CoA_454/2024
An appeal against an order denying a request to reject an action as manifestly bound tofail according to R.361 RoP is admissible under the requirements of R.220.2 and R.220.3 RoP: A discretionary review by the Court of Appeal pursuant to R.220.3 RoP is only admissible if leave to appeal against the impugned order is required…
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CoA Luxemburg, August 19, 2024, Decision concerning suspensive effect of appeal against preliminary injunction, UPC_CoA_388/2024
It is not a requirement that a request for suspensive effect is lodged in a separate workflow in theCourt’s case management system: This may be done separately, and is advisable if an order is required urgently. It cannot however be inferred from R.223 RoP that the lodging in a separate workflow is a requirement in…
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LD Vienna, August 12, 2024, Procedural order on publicity of pleadings and evidence, UPC_CFI_33/2024
Weighing of interests when deciding on a request for the provision of pleadings and evidence pursuant to R 262.1 (b) RoP: If a request for the provision of pleadings and evidence is made by a member of the public pursuant to R 262.1 (b) RoP, the interests of that member of the public to have…
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RD Nordic-Baltic, August 20, 2024, Procedural Order, UPC_CFI_380/2023
Security for legal costs, party located in the United States: Since the imposition of a security for legal costs constitutes a restriction of the right to an effective remedy before a court, the need to protect the defendant has to be weighed against the burden on the claimant caused by an order to provide a…
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LD The Hague, 4 March 2024, Order on confidentiality regarding financial information, UPC_CFI_239/2023
Limitation to “attorneys eyes only” possible under R. 262A RoP on protection of confidential information: Claimants applied for a confidentiality order (R. 262A RoP) regarding financial information which did not relate to the main action but to Defendant’s request for security for costs (R. 158 RoP). The LD The Hague decided that access to confidential…
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CD Munich, 27 February 2024, order to combine cases in revocation actions, UPC_CFI_1/2023, UPC_CFI_14/2023
Counterclaim for revocation can be combined with central revocation action against the same patent upon request by the parties: The parties agreed that the counterclaim for revocation pending at LD Munich should be dealt with together with an earlier filed and considerably further advanced central revocation action pending at the CD. The LD Munich thus…