Author: Marius Fischer
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LD Duesseldorf, October 30, 2024, Procedural Order, UPC_CFI_355/2023
R. 36 RoP: Filing of Pleadings Beyond Time Limits Specified in RoP Possible: The fact that the claimant has only one opportunity to submit written observations on the right of prior use is a consequence of the Rules of procedure and the time limits laid down therein. However, in order to give the claimant the…
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LD Duesseldorf, October 31, 2024, Decision, UPC_CFI_373/2023
Preferred Embodiments Not Limiting for Claims: The claim must not be limited to the scope of preferred embodiments. The scope of a claim extends to subject-matter that the skilled person understands as the patentee’s claim after interpretation using the description and drawings. A claim interpretation which is supported by the description and drawings as a…
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CD Paris, July 29, 2024, Decision concerning the revocation action No. ACT_555899/2023, UPC_CFI_263/2023
Admissibility of defense with non-attacked claims: The request to amend the patent which concerns both claims challenged by the revocation action and claims not challenged by it is inadmissible (only) with regard to these latter claims. Defense with features from non-attacked claims admissible: In a situation in which the patent is not entirely attacked, the…
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CoA Luxembourg, July 29, 2024, Order concerning service of a Statement of claim, UPC_CoA_69/2024 & UPC_CoA_70/2024
Service in China or Hong Kong: A defendant company in China or Hong Kong cannot be served a Statement of claim by email to a person who is not authorised to accept service. Neither can such service be made by public service in the form of a written notice to be displayed in the publicly…
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LD Duesseldorf, July 30, 2024, Procedural order concerning confidentiality, UPC_CFI_457/2023
Intervener is party to the proceedings with corresponding option to request confidentiality: Unless ordered otherwise by the Court, the intervener shall be treated as a party in accordance with Rule 315.4 RoP. Just like a party, the intervener therefore has the option to file a confidentiality request concerning the information contained in the pleadings submitted…
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LD Munich, July 31, 2024, Decision on the merits, UPC_CFI_233/2023
Applicable standard concerning novelty: In order to be considered part of the state of the art (Art. 54 (1) EPC), an invention must be found clearly integrally, directly and unambiguously in one single piece of prior art and in its existing form, it must be identical in its constitutive elements, in the same form, with…
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LD Vienna, July 30, 2024, Procedural order concerning security for costs of proceedings, UPC_CFI_33/2024
Sufficient interest for intervention to be admissible: The legal interest required for the admissibility of the intervention is given if the intervener has a direct and present interest in the issuance of the order or decision requested by the assisted party. Purchase of accused product establishes interest for intervention to be admissible: Such a legal…
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LD Mannheim, July 31, 2024, Order concerning service, UPC_CFI_330/2024
Specification of address not required to be in line with political views of respective State [concerns: Hong Kong]: A further attempt to serve the Statement of Claim by alternative means or at another place pursuant to Rule 275.1 RoP shall not be required as soon as all possibilities of service under Rules 270-274 RoP have…
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LD Duesseldorf, August 2, 2024, Procedural order concerning Application to Amend, UPC_CFI_355/2023
Admissibility of (later) applications for amendments: If auxiliary requests filed in the context of an application for amendment of the patent are to be amended later, the scope of R. 263 RoP is not open from the outset. The conditions under which applications for amendment of the patent are admissible are laid down in R.…
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LD Paris, March 26, 2024, Procedural Order, UPC_CFI_397/2023
Waiver of Rule 262A RoP: Even though Rule 262A RoP provides that the confidentiality club shall include at least one natural person from each party, the Court considers that it is possible for the parties to exclude access by a natural person by mutual agreement, provided that the principle of a fair trial is not…
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LD Duesseldorf, March 27, 2024, Procedural Order, UPC_CFI_355/2023
Protection of confidential information requires balancing of interests: When deciding an application to grant protection for the allegedly confidential information, the court has to weigh the right of a party to have unlimited access to the documents contained in the file, which guarantees its fundamental right to be heard, against the interest of the opposing…
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CoA Luxembourg, 11 January 2024, order concerning request for discretionary review, UPC_CoA_486/2023
Nature of “notice” pursuant to R. 20.2 RoP to be determined.: It remains to be determined whether this “notice” is a decision / order. Competence concerning application to review pursuant to R. 333.1 RoP to be determined.: It remains to be determined whether the judge rapporteur or the panel is competent. Exceptionally, a request for…