Author: Jan Bösing

  • LD Hamburg, 28 November, 2023, procedural court order on reply deadlines, UPC_CFI_54/2023

    R. 9(a) RoP allows the court, as a minus, to merely determine the commencement of deadlines upon request: Deadline for replying to a Statement of defense with a Counterclaim for revocation: The deadline under R. 29(a) RoP for the Reply to a Statement of defense generally only begins – if applicable – upon conclusion of…

  • 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…

  • LD Hamburg, 3 November 2023, order on confidentiality and access restriction, UPC_CFI_54/2023

    Requirements for protection of confidential information: The applicant does not have to prove to the full conviction of the court that the confidential information for which protection is requested are trade secrets. It is sufficient if the court considers it predominantly probable that the information are trade secrets. Confidential information that was already submitted to…

  • LD Hamburg, 27 October 2023, procedural order, UPC_CFI_22/2023

    Extension of the deadline for filing a Statement of Defense in the event of delayed submission of exhibits: Upon request, the deadline for filing the Statement of Defense may be extended by the period of time between service of the Complaint without the exhibits and the subsequent submission of the exhibits. Division Local Division Hamburg…

  • 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…

  • LD Hamburg, 4 October 2023, preliminary order on confidentiality, UPC_CFI_54/2023

    For the purpose of effective protection of trade secrets, access may be limited to the party representative until the final order on the limitation of access to confidential information is made.: Even though R. 262A.6 RoP states that, at least, one natural person from each party and the respective lawyers or other representatives of those…

  • LD Munich, 27 September 2023, procedural order, UPC_CFI_5/2023

    Requirements of service by an alternative method: Alternative service (R. 275.2 RoP) is also possible if an attempt of service pursuant R. 270 to 274 RoP has not yet been completed. “Attention” can be assumed under R. 275.2 RoP if either a legal relationship exists in which knowledge is attributed or if specific circumstances exist…

  • LD Vienna, 13 September 2023, order on request for preliminary measures, UPC_CFI_182/2023

    LD Vienna, 13 September 2023, order on request for preliminary measures, UPC_CFI_182/2023

    PI request is an “action” pursuant to Rule 5.6 RoP: An application for a provisional measure or an injunction is an “action” pursuant to Rules 5 and 5A of the Rules of Procedure (RoP) of the Unified Patent Court. This follows, in particular, from the wording of Art. 32(1) (c) UPCA, which uses the term…

  • Nordic-Baltic Regional Division, 8 September 2023, UPC_ CFI_11/2023

    If an infringement action is withdrawn before the Statement of Claim is served on defendants, this is a withdrawal before the closure of the written procedure in the meaning of R. 370.9 RoP. Consequently, 60% of the court fees will regularly be reimbursed upon reasoned application.: Interestingly, the Regional Division did not comment on how…

  • LD Munich, 29 August 2023, Procedural order on effective service of Statement of Claim in case of subsequently filed exhibits, UPC_CFI_14/2023

    Effective Filing and Service of Statement of Claim, R. 13 RoP: A Statement of Claim can be filed and served on the defendant effectively in accordance with R. 13 RoP if the exhibits are announced to merely be filed subsequently. Exhibits have not yet been “relied on” or “referred to” as evidence within the meaning…

  • LD Munich, 28 August 2023, procedural order, UPC_CFI_249/2023

    Application of Rules 109.3 RoP and 112.3.(c) RoP: LD Munich ordered that simultaneous interpretation into English shall be provided for the panel during oral hearing and that the simultaneous translator is involved by videoconference. Division Local Division Munich UPC number UPC_CFI_249/2023 Type of proceedings Request for provisional measures – Procedural Order Parties Applicant: Edwards Lifesciences…

  • LD Munich, 17 July 2023, order re. separation of the proceedings, UPC_CFI 14_2023

    Proceedings against various defendants can be separated, if service on one defendant takes longer than service on the other defendants.: One of four defendants refused electronic service, while the other three defendants accepted electronic service. The Reporting Judge indicated that the consequence of later service on the last defendant could significantly delay the proceedings and…

  • LD Munich, 17 July 2023, procedural order, UPC_CFI_14/2023

    Separation of proceedings: missing service by email outside the Contracting Member States: An infringement action was filed based on European Patent EP 3 666 797 against Defendants 1-4. Service on Defendants 1 to 3 could already be effected by email on July 11, 2023. However, as service on Defendant 4 was not possible by email…

  • LD Düsseldorf, 30 June 2023, Order on provisional measures – request for correction of the order, UPC_CFI_177/2023

    Application of R. 353 RoP: A country in which the patent is in force and which was not mentioned in the request by mistake or accident cannot subsequently be included in the order within the scope of the correction of the order due to a typing or calculation error or an obvious incorrectness according to…

  • LD Munich, 23 June 2023, procedural order, UPC_CFI_17/2023

    Application of Rule 209.1(a) RoP: LD Munich informed the Respondents about the Application for provisional measures and invited them to lodge, within a time period to be specified, an Objection to the Application for provisional measures. LD Munich also set the deadlines for the Applicants to respond to the reply of the Defendants as well…

  • LD Düsseldorf, 22 June 2023, order of provisional measures, UPC_CFI_177/2023

    Provisional measures do not require a “battle-tested” patent: Provisional measures under Art. 62 UPCA do not require a patent for which validity as been previously confirmed in opposition proceedings or national nullity proceedings. The fact that the asserted patent was granted and no opposition or nullity action was filed provides sufficient basis for the validity…