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LD The Hague, August 18, 2025, Order, UPC CFI 191/2025 & UPC CFI 192/2025
The scope of a review under R. 333 RoP is marginal and limited to the reasoned grounds submitted by the applicant: When reviewing a Judge-Rapporteur’s order, the full panel will not re-examine the entire decision but will confine its assessment to the specific, substantiated grounds for review raised by the applicant. Issues not challenged in…
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LD Munich, August 19, 2025, Procedural Order, UPC_CFI_319/2025
The court may separate proceedings against multiple defendants on its own initiative to ensure procedural efficiency, especially when service is delayed on some defendants (Rule 303.2 RoP): When service was completed for two defendants but not for two others, the court found it unreasonable to delay the action and ordered a separation to avoid stalling…
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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…
