Author: Antje Weise

  • CD Paris, April 25, 2024, Procedural Order, UPC_CFI-361/2023

    Key Takeaways Neither a Preliminary Objection nor the likelihood of an appeal against its rejection are relevant factors for the stay of the proceedings : Neither the fact that a Preliminary Objection has been lodged nor the likelihood of success of the appeal against the rejection of the Preliminary Objection are relevantfactors for deciding whether…

  • CoA Luxembourg, April 26, 2024, UPC_CoA_500/2023

    Time period for lodging an appeal can be extended in case of an excusable error: It is true that the time period for lodging an appeal is a mandatory time limit that cannot be extended (see R. 9.4 RoP) However, an excusable error can, in exceptional circumstances, justify a derogation from that rule. That is…

  • LD Duesseldorf, 26 February 2024, procedural order on language of proceedings, UPC_CoA_335/2023

    Applications on change of language require substantiated reasons: The Applicant requested for a change of language from German into English (Art. 49(5) UPCA, R. 322 RoP). It argued that both parties were English speaking companies, that it was an SME and translation costs would be disproportionately disadvantageous for it. Also, this would enable the CoA…

  • CoA Luxembourg, 26 February 2024, procedural order on application to stay, UPC_CoA_3352023

    No stay of proceedings if party was declared insolvent after the oral hearing had concluded and the legal dispute was ready for a decision, R. 311.1 RoP, Art. 41 (3) UPCA: A court shall stay the proceedings if a party is declared insolvent, R.311.1. However, the Rules must be interpreted in accordance with Art. 41(3)…

  • CoA Luxembourg, 26 February 2024, order in the proceedings for provisional measures, UPC_CoA_335/2023

    Claim Construction: The patent claim – to be interpreted from the point of view of a person skilled in the art – is not only the starting point, but the decisive basis for determining theprotective scope of a European patent under Art. 69 EPC in conjunction with the Protocol on the Interpretation of Art. 69…