Author: Martin Drews

  • CD Munich, 21 September 2023, order rejecting Rule 262.1 (b) RoP request, UPC_CFI_75/2023

    Access to all written pleadings and evidence requires a concrete, verifiable and legally relevant reason: A request according to Rule 262.1(b) RoP for access to written pleadings and evidence by a member of the public requires a concrete, verifiable and legally relevant reason. The reasons to be provided in the request must pertain to the…

  • CD Munich, 20 September 2023, order rejecting Rule 262.1(b) RoP request, UPC_CFI_1/2023

    Access to all written pleadings and evidence requires a concrete, verifiable and legally relevant reason: A request according to Rule 262.1(b) RoP for access to written pleadings and evidence by a member of the public requires a concrete, verifiable and legally relevant reason. The wish of a natural person to form an opinion on the…

  • LD Munich, 19 September 2023, decision and orders on preliminary measures, UPC_CFI_2/2023

    Rule 206 RoP only defines formal requirements: The requirements of Rule 206 RoP only need to be formally presented. If any requirement is missing materially, this does not lead to inadmissibility of the request for provisional measures. The material assessement is governed by Rule 211.2 RoP. Rule 206.2(e) RoP does not apply to requests for…

  • LD The Hague, 2 August 2023, order on R.13(q) RoP request, UPC_CFI_239/2023

    Translations of documents not required without relevant interests of the parties : The translation of English-language documents into the language of the proceedings is not necessary without interest of the other party in such translations. Division Local Division The Hague UPC number UPC_CFI_239/2023 Type of proceedings Rule 13(q) RoP request Parties Claimants:Plant-e Knowledge B.V.Plant-e B.V.…

  • LD Düsseldorf, 22 June 2023, order of provisional measures, UPC_CFI_177/2023

    Provisional measures do not require a “battle-tested” patent: Provisional measures under Art. 62 UPCA do not require a patent for which validity as been previously confirmed in opposition proceedings or national nullity proceedings. The fact that the asserted patent was granted and no opposition or nullity action was filed provides sufficient basis for the validity…