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LD Düsseldorf, 22 November 2023, order on joint proceedings of infringement action and counterclaim for revocation, UPC_CFI_260/2023
The decision on how to proceed with the infringement action and the counterclaim for revocation can be made before the conclusion of the written procedure.: Even if the panel is to decide by order on the procedure under Article 33 (3) UPCA as soon as possible after the conclusion of the written procedure pursuant to…
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LD Düsseldorf, 18 October 2023, order of penalty payment, UPC_CFI_177/2023
The amount of a penalty payment shall be determined (i) to take account of the creditor’s interest in the enforcement of the order not complied with by the debtor, and (ii) to deter the debtor from future violations. The penalty payment shall primarily be determined in view of the debtor and its (past) conduct: If…
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LD Hamburg, 22 August 2023, order declining request for extension of time period, UPC_CFI_54/2023
Coordination with suppliers located outside of Europe is no sufficient reason for an extension of time period for statement of defense: The RoP provides for a balanced timing regime. With a three-month time period for filing the statement of defense, the RoP already provides for the longest time period of the timing regime. This time…
