Author: Fabian Laude
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LD Düsseldorf, September 29, 2025, Order, UPC_CFI_496/2025
An infringement action can be withdrawn with the defendant’s consent under Rule 265.1 RoP, leading the Court to declare the proceedings closed.: Before the written procedure closed, the claimant applied to withdraw the action. The defendants consented, and the Court, following the parties’ joint will, allowed the withdrawal and closed the case. When an action…
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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…
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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…
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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…