Author: Dominik Woll
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LD Düsseldorf, July 3, 2024, judgment on prior use right, award of damages and order to communicate information / lay open books, UPC_CFI_7/2023
Within the framework of Art. 28 UPCA, the user of the claimed technology can only invoke the rights granted to him by the respective national regulations of the respective contracting member states. On this basis, the existence of a right based on prior use of the invention must be substantiated for each of the protected…
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CoA Luxembourg, 20 December 2023, UPC_CoA_478/2023, App_594342/2023
In proceedings before the Court of Appeal, which do not involve technical issues, the Court of Appeal can decide without technically qualified judges: In an appeal against an order pursuant to R.323 RoP (language of the proceedings) a request by the Appellant applied for on the last day of the time periods under R. 224.1(b)…
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CD Munich, 24 August 2023, order rejecting a preliminary objection of the court of first instance of the Unified Patent Court, UPC_CFI 1/2023
Action brought at date and time (hours, minutes, seconds) of filing: The actual date (year, month, day) and time (hours, minutes, seconds) of filing an action is decisive for the question of when an action has been brought in the meaning of Art. 33.4 UPCA. Hard-copy filings (R. 4.2 RoP) in first instance not only…