Author: Karin Bek
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CoA, November 27, 2025, decision regarding the admissibility of an appeal withdrawal under Rule 265 RoP and the mootness of the intervenor’s appeal, UPC_CoA_70/2025, UPC_CoA_001/2025
An intervenor cannot contradict the party they support: The Court confirms that an intervenor must not act in contradiction to the supported party’s procedural acts or declarations. Consequently, the intervenor cannot oppose that party’s withdrawal of the appeal. The intervenor has no independent appellate standing: Procedural steps by an intervenor are permissible only insofar as…
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LD Mannheim, July 25, 2025, Procedural Order on Enforcement of Saisie Order, UPC_CFI_636/2025
Saisie Order is Limited to Systems and Evidence Physically Available at Designated Premises: The inspection may only cover what is physically present at the premises explicitly named in the court order. A defendant is not obliged to grant access to systems or data stored outside the specified premises, nor to coordinate with personnel or infrastructure…
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LD Mannheim, July 29, 2025, Order on Request to Dismiss Infringement Action Due to Lack of Domestic Representative
Domestic Representative under German Patent Act Not Required for UPC Proceedings: The LD Mannheim clarified that Section 25(1) of the German Patent Act (GPA), which requires foreign patentees to appoint a domestic representative for proceedings before German authorities, does not apply to infringement actions before the UPC. The Court emphasized that the UPC is governed…
