Author: Manuel Grimm
-
LD Helsinki, February 11, 2025, procedural order regarding changes in a case, UPC_CFI_214/2013
The main issues to be considered when addressing the admissibility of changes in a case are that the nature of the frontloaded procedure of the UPC must be protected and that during the process there are no such changes that the defendant’s right to defence is compromised.: If these two premises are protected there is…
-
LD Milan, February 7, 2025, procedural order, UPC_CFI_472/2024
The position of the party attacking the patent shall be protected to the same extent as that of the party defending the patent.: If the mandatory coordination between the appeals proceedings before the EPO and the proceedings before the UPC may be achieved in the most efficient way by extending the time limits for filing…
-
CoA, February 12, 2025, order for the protection of confidential information UPC_CoA_621/2024
Pursuant to R. 262A.6 RoP the number of persons to whom access is restricted shall be no greater than necessary in order to ensure compliance with the rights of the parties to the legal proceedings to an effective remedy and to a fair trial, and shall include, at least, one natural person from each party…
-
LD Paris, December 11, 2024, Decision on the merits, UPC_CFI_395/2023
Headnote 1: Order pursuant to R. 36 RoP does not authorize to raise new grounds; UPC procedure is front-loaded system.: The order pursuant to Rule 36 RoP issued by the judge-rapporteur relates to adding some arguments to the debate related to some specific terms regarding claim interpretation, but it did not authorise the defendant to raise a new…
-
LD Munich, December 12, 2024, order on provisional measures, UPC_CFI_201/2024
It follows from R. 15(2) RoP that it is sufficient that the court fees have been paid for the statement of claim to be deemed to have been lodged.: Neither the English nor the German nor the French version state that the fee “has been received by the court”. The wording in all languages clearly state that…
-
CD Munich, October 22, 2024, public access to the register, UPC_CFI_1/2023, UPC_CFI_14/2023
Rule 262.1(b) RoP does not provide a legal basis for making available documents that are not written pleadings or evidence.: The general principle laid down in the UPCA is that the register is public and the proceedings are open to the public, unless the balance of interests involved is such that they are to be…
-
LD Paris, April 11, 2024, procedural order, UPC_CFI_4952023
Multiple defendants and competence of the division: In the case of multiple defendants, if one of the defendants has its residence within the territory of the Local Division seized, Article 33(1)(b) UPCA must be applied, regardless of whether the other defendants are based inside or outside the Contracting Member States or inside or outside the…
-
CoA, April 10, 2024, public access to the register, UPC_CoA_404/2023
Art. 9(1) UPCA – no technically qualified judges required: Art. 9(1) UPCA must be interpreted such that if the subject matter of the appeal proceedings is of a non-technical nature only, and there are no technical issues at stake, the Court of Appeal may decide the matter without the need to assign two technically qualified…
-
CoA, April 11, 2024, request for a decision by default, UPC_CoA_79/2024
Time period for filing a statement of appeal under R.220.2 RoP: If an appeal is lodged under R.220.2 RoP and leave is granted in the impugned order itself, the statement of appeal must be lodged within 15 days of service of that order containing the decision to grant leave (R.224.1(b) RoP). If the decision to…