Author: Daniel Werner
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Court of Appeal, September 17, 2024, Order in appeal proceedings against a decision in first instance revocation proceedings, UPC_CoA_227/2024
Application of Articles 29 to 32 of the Brussels I recast Regulation concerning lis pendens: The CoA found that Articles 29 to 32 of the Brussels I recast Regulation apply during the transitional period defined in Article 83 UPCA, even if national proceedings commenced before this period. This interpretation aims to prevent conflicting decisions arising…
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RD Nordic-Baltic, September 18, 2024, Procedural Order on a request for access to the written pleadings and evidence, UPC_CFI_8/2023
Requirements for a “reasoned request” for access under Rule 262.1(b) RoP: The UPC clarified that a “reasoned request” under Rule 262.1(b) RoP requires more than a general interest. The applicant must provide a specific and credible explanation for needing access to court documents, demonstrating a genuine need beyond publicly available information In this case, the…
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CD Paris, September 16, 2024, Order on the need for confidentiality, UPC_CFI_164/2024
This decision highlights the importance of ensuring representatives before the UPC are independent, as required by Article 48(5) UPCA. The court emphasized that representatives cannot be employees or individuals with significant financial ties to the represented party.: In this case, the claimant’s representative’s position as managing director and main shareholder was found to compromise their…
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CD Paris, September 16, 2024, Order on Manifest Inadmissibility, UPC_CFI_164/2024
High threshold for “manifestly inadmissible” under Rule 361 RoP: The Court held that “manifest inadmissibility” must be established prima facie on the basis of simple factual findings. This interpretation promotes procedural efficiency by enabling the quick dismissal of baseless claims while ensuring potentially complex legal issues are addressed at the appropriate stage. In this case,…
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LD The Hague, September 17, 2024, Procedural Order on a Counter Claim for revocation – amendment of counter claim, ACT_586899/2023
Amendments to counterclaims are permissible even after the initial pleadings have been filed: The court emphasized that it will grant leave to amend when the amendment could not have been reasonably submitted earlier, such as when the opposing party makes an unexpected procedural move. This approach ensures fairness and allows the real issues in dispute…
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Court of Appeal, September 18, 2024, Order concerning language of proceedings, UPC_CoA_354/2024
Criteria for the decision under Article 49(5) UPCA: Unlike Art. 49(4) UPCA, Art. 49(5) UPCA does not mention convenience as a criteria, only fairness. If a claimant is proficient in English and German, claimant’s choice of German as the language of the proceedings is merely one of convenience and thus not relevant under Art. 49(5)…
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LD Paris, February 12, 2024, procedural order, UPC_CFI_425/2023
In case of multiple defendants in an infringement action, it is reasonable for the Judge-Rapporteur to extend the deadline for filing of a Statement of Defence to align the deadlines for all defendants: In the present case, service of the Statement of Claim was delayed for one of the three defendants. According to Rule 23…
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LD Paris, February 12, 2024, procedural order, UPC_CFI_395/2023
In case of multiple defendants in an infringement action, it is reasonable for the Judge-Rapporteur to extend the deadline for filing of a Statement of Defence to align the deadlines for all defendants: In the present case, service of the Statement of Claim was delayed for some of the fourteen defendants. According to Rule 23…
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LD Munich, February 2, 2024, procedural order, UPC_CFI_14/2023
Request of referral of a counterclaim for revocation to the Central Division by the parties (Art. 33(3)(c) UPCA): According to Article 33(3)(c) UPCA, a Local Division may refer the case for decision to the central division based on the agreement of the parties. Strong counterarguments would be necessary for the Local Division not to grant…
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CD Munich, 20 November 2023, order on request to stay revocation proceedings, UPC_CFI_80/2023
Stay of revocation proceedings in case of parallel opposition proceedings is possible if a relevant decision by the EPO is expected rapidly.: Rule 295(a) RoP states that the court has discretion to stay proceedings pending the outcome of parallel EPO proceedings when a rapid decision is expected. Decision does not mean a final decision after,…