Author: Marius Fischer

  • 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…

  • 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…

  • 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…

  • 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.…

  • 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…

  • 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…

  • 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…