Author: Kerstin Galler
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Court of Appeal, February 19, 2025, order on release of cost security, UPC_CoA_217/2024
R. 352.2 RoP is applied by way of analogy with regard to the release of security for legal costs.: R. 352.2 RoP directly concerns the release of a security for enforcement but should be applied by way of analogy in a case in which security for legal costs has been deposited and afterwards the action…
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LD Munich, February 14, 2025, order on preliminary objection, UPC_CFI_437/2024
A preliminary objection based on questions regarding the claimant’s standing to bring an action is inadmissible or at least unfounded.: The Court’s jurisdiction and competence, as referred to in R. 19.1 RoP, is not linked to whether a person bringing an action is ultimately entitled to bring the action or whether it is fully entitled…
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Court of Appeal, February 14, 2025, order on request for provisional measures, UPC_CoA_382/2024
Claim construction regarding means-plus-function features.: Means-plus-function features must be understood as any feature suitable for carrying out the function (headnote 1, para. 47). Added matter assessment.: General provisions: The Court must ascertain what the skilled person would derive directly and unambiguously using their common general knowledge and seen objectively and relative to the date of…
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LD Dusseldorf, October 31, 2024, order on provisional measures, UPC_CFI_368/024
No uniform urgency period.: The urgency period is to be measured from the date on which the applicant is or should have been aware of the infringement. Whether a delay is unreasonable depends on the circumstances of the individual case. There is no fixed deadline by which the applicant must submit its application for provisional…
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Court of Appeal, October 29, 2024, order, UPC_CoA_549/2024
Order on suspensive effect of appeal if impugned decision is evidently incorrect.: The suspensive effect may be ordered in particular if the order against which the appeal is directed is evidently incorrect. Whether there is an evident violation of the law is assessed on the basis of the factual findings and legal considerations that provide…
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LD The Hague, July 31, 2024, order on provisional measures, UPC_CFI_195/2024
No lack of urgency although application filed more than nine months after becoming aware of sales of attacked embodiment: Applicant became aware of sales of the attacked embodiment (mushrooms) in UPC territory in late July 2023 and filed an application for provisional measures on May 14, 2024. In the meantime, applicant, amongst others, had three…
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CD Paris, July 30, 2024, order on confidentiality, UPC_CFI_367/2023
Access to cost breakdown for adversary granted: In the context of an interpretation in conformity with European law taking into account Art. 9(2) of Directive (EU) 2016/943, Art. 58 UPCA, must be understood to mean that the circle of persons entitled to access to confidential information must include at least one natural person from each…
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CoA Luxembourg, July 30, 2024, procedural order, UPC_CoA_405/2024
No shortening of term for response in appeal proceedings due to filing of grounds of appeal prior to end of term or due to contention on a purely legal issue: The arguments that an appeal concerns purely legal issues, the appellant seeks patent protection as soon as possible and the fact that the appellant did…
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CoA Luxembourg, July 29, 2024, order on cost application, UPC_CoA_1/2024
Application for cost decision is to be lodged before the court of first instance: Proceedings for a cost decision are to be started before the court of first instance, even if the application relates to costs that accrued in appeal proceedings. The general procedure as provided in R. 150 seqq. RoP is to be followed.…
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CoA, March 21, 2024, order, UPC_CoA_486/2023
An appeal against a decision of the judge rapporteur can be admissible if it is the subject of the appeal whether the judge rapporteur was entitled to issue the decision under appeal.: R 220.3 RoP provides for the admission of an appeal against an order issued by a panel. However, the order under appeal was…
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CoA Luxemburg, April 3, 2024, UPC_CoA_433/2023 etc.
Rectification of the name of the defendant allowable in principle.: If the claimant has not correctly named the defendant in the statement initiating the proceedings, the Court may allow the claimant to rectify the error so long as the defendant is not unreasonably prejudiced by the incorrect statement of name and its rectification. In particular,…
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LD Dusseldorf, March 22, 2024, procedural order, UPC_CFI_463/2023
Simultanous interpretation in both directions is available for representatives who do not speak the language of the procedure.: Simultanous interpretation is available to the extent deemed appropriate (Art. 51.2 UPCA). Representatives whose language skills suffice to plead in the procedural language may not use simultanous interpretation. No prior request for simultanous interpretation needs to be…
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CoA, 13 October 2023, order of the court of appeal, UPC_CoA_320/2023
Effective service of the statement of claim does not require that exhibits are included: Only those exhibits that are essential for understanding the subject matter and the cause of action must be served on the defendant together with the statement of claim (and translated if necessary). Rule 270 RoP provides that the Regulation (EU) 2020/1784…
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LD Hamburg, 27 January 2024, procedural order, UPC_CFI_22/2023
The time period for responding to a counterclaim for revocation and the time period for the reply to the statement of defense should run in parallel: In a case in which the statement of defense includes trade secrets but the counterclaim for revocation does not, and in which access to an unredacted version of the…
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CD Munich, 24 January 2024, procedural order and information on next steps, UPC_CFI_1/2023
There is no automatic right to reply to a rejoinder: The UPC proceedings are generally front-loaded (e.g., Preamble RoP 7). Therefore, the exchange of written pleadings is normally limited in accordance with Rule 43 RoP. A request for the admission of a brief in response to a rejoinder in the written procedure is not premature…
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LD Dusseldorf, 20 January 2024, procedural order, UPC_CFI_363/2023
Term extensions are an exception: Insofar as R. 9.3 (a) RoP provides for the possibility of extending time periods, this should only be used with caution and only in justified exceptional cases against the background of the strict time limit regime set out in the Rules, which serves to ensure that proceedings are conducted as…
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LD Dusseldorf, 16 January 2024, Order of the President of the Court of First Instance, UPC_CFI_373/2023
A defendant seeking a change in the language of the proceedings does not need to wait for the submission of the statement of defense before lodging a motion for a change of the language: R. 321.1 RoP and R. 322 RoP do not preclude the admissibility of an application to use the language in which…