Author: Maggie Huang
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LD Munich, January 23, 2025, order regarding cost and confidentiality, UPC_CFI_815/2024
Restrictions on confidential information apply to third parties and the public: The Court referred to a previous order from the Central Division Paris in UPC_CFI_367/2023. It indicated that Meril would have unlimited access to the costs application, while restrictions on confidential information would apply to third parties and the public. Division Local Division Munich UPC…
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LD Mannheim, January 22, 2025, procedural order in infringement action, UPC_CFI_365/2023
Document submission one week before the hearing: The hearing dates are confirmed for three consecutive days, i.e., February 11-13, 2025. The Court provides remarks in preparation for the hearing and requests the upload of documents or sketches by February 4, 2025. The documents or sketches are those, which the parties may wish to refer to…
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LD Mannheim, July 3, 2024, Order re Protection of Confidential Information, UPC_CFI_471/2023
Access to unredacted documents is restricted to a limited group: Access to the unredacted version of the responses to the complaint is restricted on the plaintiffs’ side to the following persons: a) the plaintiffs’ legal representatives and their internal support staff, There is no reason to restrict access on the part of the plaintiffs’ authorised…
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LD Paris, July 4, 2024, Decision on the merits in an action for infringement with counterclaim for revocation, UPC_CFI_230/2023
The scope of the dispute brought before the Court is incontestably governed by the principle that the parties define the subject-matter of the dispute, a general principle of law which is reiterated in Art. 76(1) UPCA.: This principle allows the claimant in the main action to exclude certain acts of infringement in order to avoid…
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CD Paris, Preliminary objection of a revocation action, May 2, 2024, UPC_CFI-484/2023
The UPC has jurisdiction for the central revocation action even if a prior national revocation action is pending: The asserted patent is only validated in Germany. In 2021, Nokia Solutions and Networks GmbH & Co. KG filed a national revocation action with the German Federal Patent Court (GFPC) against the proprietor (Mala Technologies), which was…
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Court of Appeal – Luxembourg (LU), May 2, 2024, Order re application for suspensive effect, UPC_CoA_177/2024
According to Article 74(1) UPCA, the appeal has no suspensive effect unless the Court of Appeal decides otherwise at the motivated request of one of the parties. : The Court of Appeal can grant the application only if the circumstances of the case justify an exception to the principle that the appeal has no suspensive…
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LD Mannheim, April 30, 2024, Order re producing license agreements, UPC_CFI_ 218/2023, UPC_CFI_ 219/2023, UPC_CFI_ 223/2023,
Plaintiff in infringement proceedings can request an order, directed against themselves, to produce an SEP license agreement with a third party. In accordance with the principle of production of evidence (Art. 43 UPCA), the plaintiff must decide for themselves which submissions they wish to make in the proceedings.: In order to demonstrate that FRAND obligations…
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LD Milan, 13 June 2023, decision, UPC_CFI_141/2023
This is a parallel application filed by the same party against another party during the trade fair ITMA: For details, see the post https://upc.law/?post_type=decisions&p=3120 Division Local Division Milan UPC case number UPC_CFI_141/2023 Order reference ORD_500982/2023 Type of proceedings Application for preserving evidence Parties Claimant: OERLIKON TEXTILE GMBH & CO KG Defendant: BHAGAT GROUP Patent EP2145848…
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LD Milan, 13 June 13 2023, decision, UPC_CFI_127/2023
: The conditions referred to in Rule 197.1 RoP and Article 60(5) UPCA, for the granting of the measure without the prior hearing of the defendant, are: The tight deadlines do not allow the parties to be convened before the end of the fair tomorrow; There is a risk that the evidence will no longer…
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LD Milan, 13 June 2023, order by the standing judge, UPC_CFI_127/2023
Extreme urgency not found by standing judge, and proceedings forwarded to the presiding judge: By virtue of Rule194.4 RoP, the standing judge, appointed in accordance with Rule 345.5 RoP, in cases of extreme urgency may decide immediately on an application to preserve evidence and on the procedure to be followed. In the case at hand,…