Author: Ann-Kathrin Michel

  • Court of Appeal, January 9, 2026, Order, UPC_CoA_5/2025, UPC_CoA_237/2025, UPC_CoA_328/2025

    Withdrawal of appeal permitted upon respondent consent (R. 265.1 RoP): The rule for withdrawing an action applies equally to appeals. The respondent’s consent fulfills the condition for withdrawal, as they no longer have a legitimate interest in a decision. 60% court-fee refund where withdrawal filed before 31 December 2025 (R. 370.9(b)(i) RoP, old version): Pre‑2026…

  • Court of Appeal, January 9, 2026, Order, UPC_CoA_257/2025

    Withdrawal of appeal permitted upon respondent consent (R. 265.1 RoP): The rule for withdrawing an action applies equally to appeals. The respondent’s consent fulfills the condition for withdrawal, as they no longer have a legitimate interest in a decision. 20% court-fee refund where withdrawal filed before 31 December 2025 (R. 370.9(b)(iii) RoP, old version): Pre‑2026…

  • CD Paris, January 12, 2026, Decision by default, UPC_CFI_350/2025

    A default decision under R. 355 RoP can be granted if a defendant, properly served under R. 274 and R. 277 RoP, fails to act within the R. 49 RoP time limit: The Court exercises its discretion to issue the default decision, emphasizing the claimant’s right to an expeditious procedure. The defendant was served in the USA via…

  • CoA, September 23, 2025, Order concerning an application to intervene, UPC_CoA_631/2025, UPC_CoA_632/2025

    Intervention in appeal proceedings is admissible if a direct legal interest in an interim order is shown (R. 313 RoP): The Applicant was allowed to intervene in the appeal proceedings because the confidentiality regime for license agreements submitted in the proceedings could affect the Applicant’s business interests by exposing its confidential information to competitors. Legal…

  • CoA, September 23, 2025, Procedural Order concerning an application to intervene, UPC_CoA_755/2025, UPC_CoA_757/2025

    Intervention by a third party is admissible if a direct legal interest in the appeal’s outcome is established (R. 313 RoP): The Applicant was permitted to intervene in the appeal proceedings because confidential information about its business agreements was at risk of disclosure due to the contested orders. The Court found that the Applicant’s interest…

  • Court of Appeal, June 20, 2025, order concerning security for costs (R. 158 RoP), UPC_CoA_393/2025

    Security for costs can only be requested by defendants, not claimants, in infringement or revocation actions: According to Art 69 (4) UPC Agreement (UPCA), at the request of the defendant, the court may order the claimant to provide adequate security for the legal costs and other expenses incurred by the defendant which the claimant may…