• 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,…

  • 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,…

  • 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…

  • 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…

  • 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…