• 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)…

  • 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…

  • 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…

  • 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…

  • 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,…