Author: Maximilian Vieweg
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CD Milan, October 1, 2024, Procedural Order, UPC_CFI_380/2024
High threshold for intervention in interim injunction proceedings: The Court rejected the request (here: from Menarini) for intervention, emphasizing that Article 313 RoP permits intervention in interim injunction proceedings only under exceptional circumstances. The mere fact that a third party might be affected by the outcome of the proceedings is not sufficient. Rather, the third…
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LD Munich, October 2, 2024, Substantive Order, UPC_CFI_153/2024
Patent pool administrators have a direct legal interest in litigations concerning patents within their pools: The court, referencing Rule 313 of the Rules of Procedure of the Unified Patent Court (RoP), affirmed that a patent pool administrator possesses a direct and present legal interest in the outcome of such a lawsuit. This interest stems from…
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Court of Appeal, September 30, 2024, Ordner in relation to R. 220.3 RoP and deadlines in R29(d) RoP, UPC_CoA_543/2024
Deadlines when Confidential Information are included: This decision clarifies that the deadline for a Defendant’s reply (in German “Duplik”) under Rule 29(d) RoP, when confidential information is involved, begins upon filing the initial Plaintiff’s reply, even if redacted. The Court of Appeal, while acknowledging differing practices across Local Divisions, found no misinterpretation of the RoP…