Author: Kerstin Galler

  • 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…

  • 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…

  • 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…

  • 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…

  • CD Munich, 30 October 2023, order on security for legal costs and other expenses, UPC_CFI_252/2023

    The key criterion for the decision on the cost security is the financial situation of the respondent.: The party requesting a security has to bring forward facts and arguments why such security is appropriate in a specific case. The burden of proof of facts generally is on the party relying on those facts (Article 54…

  • CD Munich, 4 October 2023, order in preliminary objection proceedings, UPC_CFI_252/2023

    A lis pendens objection may be subject of a preliminary objection.: The international jurisdiction of the UPC, including objections based on Art. 29 and Art. 30 Regulation Brussels Ibis may be the subject of a preliminary objection under Rule 48 in connection with Rule 19.1(a) RoP. In accordance with Art. 31 UPCA, the international jurisdiction…

  • CD Munich, 11 October 2023, procedural order, UPC_CFI_80/2023

    Where service takes place by way of electronic communication, service of written pleadings is deemed effective once a notification has been sent by the Case Management System (CMS).: If parties use the appropriate workflows provided for in the Case Management System (CMS), the submission of written pleadings will automatically be notified to the other party/parties.…

  • LD Munich, 19 September 2023, decision and orders on preliminary measures, UPC_CFI_2/2023

    Rule 206 RoP only defines formal requirements: The requirements of Rule 206 RoP only need to be formally presented. If any requirement is missing materially, this does not lead to inadmissibility of the request for provisional measures. The material assessement is governed by Rule 211.2 RoP. Rule 206.2(e) RoP does not apply to requests for…