Author: Fabian Laude

  • LD Munich, May 28, 2025, Order, UPC_CFI_63/2025

    Ex parte evidence preservation and inspection orders may be granted if the applicant provides sufficient evidence of likely infringement (Art. 60 UPCA, Rules 192, 197.3 RoP).: The court will grant such orders without hearing the defendant if the applicant submits all reasonably available evidence supporting a likelihood of patent infringement or threat thereof. The review…

  • Court of Appeal, May 23, 2025, Order, UPC_CoA_7/2025

    Withdrawal of appeal permitted where both parties consent and no legitimate interest remains (Rule 265.1 RoP).: The Court of Appeal allowed the claimant to withdraw the appeal after the respondent consented, as neither party had a legitimate interest in continuing the proceedings. 40% reimbursement of court fees granted for withdrawal before closure of interim procedure…

  • CD Paris, May 28, 2025, decision in revocation action, UPC_CFI_198/2024

    Revocation of European patents can be limited to specific UPC Member States upon request (Art. 34, 76(1) UPCA; Rule 44(d) RoP): The Court confirmed it may revoke a European (bundle) patent only for the national part(s) specified by the claimant, not necessarily for all UPC Member States. This approach respects the adversarial nature of proceedings…