Author: Lisa Fleidl
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CoA, August 25, 2025, procedural order, UPC_CoA_758/2015 and UPC_CoA_759/2025
Application for suspensive effect (R. 223 RoP): Although R.223.5 RoP provides that there shall be no suspensive effect for an order pursuant to (amongst other) R.220.2 RoP, the Court of Appeal considers that this does not preclude that an application for suspensive effect is lodged – and if justified, granted – for such orders based…
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LD Munich, August 26, 2025, Order, UPC_CFI_487/2023
Public access to the register: A law firm, as a member of the public, shall be granted access to pleadings and evidence upon submission of a reasoned request, pursuant to Rule 262.1 RoP. A reasoned request, in this sense, is a request that not only specifies the pleadings and evidence to which access is sought,…
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LD Munich, August 26, 2025, procedural order, UPC_CFI_248-2025
Security for costs: The court may, pursuant to Art. 64(4) UPCA and R.158.1 RoP, at its own discretion and upon the defendant’s application, order the provision of security for the costs of the proceedings and any other costs of the party, taking into account the facts and arguments presented by the parties. In doing so,…
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LD Mannheim, August 27, 2025, procedural order, UPC_CFI_521/2024
Rejection of submission: The court may, at its discretion, disregard not only unsolicited written submissions in addition to the regular written pleadings provided for in the RoP, but also the content of regular written pleadings that goes beyond the admissible content provided for in the RoP. This applies not only to new arguments or facts,…
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LD Hamburg, August 25, 2025, final order, UPC_CFI_688/2025
Representation and service: A lawyer authorised to represent a party in a proceeding on provisional measures is not automatically authorised to represent the same party in a subsequent infringement actionconcerning the same patent, even if there is a link between the two proceedings (cf. e.g. Article 32.2 UPCA and Rule 213 RoP). Hence, the defendant’s…
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UPC Court of Appeal, order of April 30, 2025, UPC_CoA_5/2025 (see also UPC_CoA_237/2025)
Order regarding request for stay of proceedings (R. 295 RoP): In an action for revocation, where both parties agreed to a stay, the appeal proceedings have been stayed pending the outcome of parallel opposition proceedings before the EPO Boards of Appeal, where the opposition proceedings could be expected to result in a final decision soon…
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UPC Court of Appeal, Order of April 30, 2025, UPC_CoA_768/2024
Claim construction principles: The interpretation of a patent claim is a matter of law. Therefore, the Court cannot leave the judicial task of interpreting the patent claim to an expert but has to construe the claim independently. The skilled person is a notional entity that cannot be equated with any real person in the technical…