Author: Julia Bernatska

  • CoA Luxembourg, May 13, 2024, order on provisional measures, UPC_CoA_1/2024

    The CoA confirmed its standards for the claim construction as stated in the order of CoA of February 26, 2024, UPC_CoA_335/2023: The patent claim is not only the starting point but also a decisive basis for determining the scope of protection of the European Patent. The interpretation of a patent claim does not depend solely…

  • LD Mannheim, May 16, 2024, order re. producing license agreements, UPC_CFI_216/2023

    The order to produce license agreements could be inappropriate if the alleged infringer was unwilling to take a license from the beginning: Scope of the order to produce license agreements in view of the SEP holder’s duty of transparency established by the ECJ: In the present case, the claimant already submitted few comparable license agreements.…

  • 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 Munich, 3 November 2023, order on language of the proceedings, UPC_CFI_14/2023

    Change of language of the proceedings: An infringement action was filed in German before the LD Munich. Before the statement of defense was filed, the Defendant suggested a change of the language of the proceedings to English, which is the language of the granted European Patent. The judge-rapporteur proposed to change the language of the…