Author: Michael Kobler
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LD Munich, September 2, 2024, order on change in parties, UPC_CFI_221/2024
Late-filed request for adding a party is dismissed based on court’s discretion: The court exercises the discretion granted to it in Rule 305 of the Rules of Procedure to the effect that it does not admit the extension of the complaint by adding a party (a further Defendant). A comparison with the provision in Rule…
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LD Paris, May 21, 2024, order concerning security for legal costs, UPC_CFI_495/2023
Claimant’s financial situation is decisive when deciding on security for legal costs: The criterion of the Claimant’s financial situation is decisive for the Court when it has to decide whether or not to order a security for the legal costs. The Applicants (Defendants in the main proceedings) submitted that there are no public records about…
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Court of Appeal, May 22, 2024, order concerning an expedition request, UPC_CoA_218/2024 et al.
Requirements for request for expedition of proceedings pursuant to R.9.3 RoP : A request to expedite appeal proceedings, namely a request to shorten any deadlines where possible pursuant to R. 225(e), R.9.3 RoP, requires the Applicant (here: Volkswagen AG) to explain that and why it would have a particular interest in the concerned brief (here:…
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LD Dusseldorf, February 14, 2024, order on confidentiality measures, UPC_CFI_463/2023
CMS provides for graduated procedure for protection of confidential information : With(in) the R. 262A workflow, the UPC Case Management System (CMS) provides for a step-by-step procedure for the protection of confidential information, comprehensively taking into account the interests of both parties in confidentiality. : Before the unredacted version of a document submitted with an…
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CD Paris, February 9, 2024, rejected request for time extension, UPC_CFI_412/2023
Time extension only in exceptional cases: The power to extend a time limit should only be used with caution and only in justified exceptional cases (see UPC CFI 363/2023 LD Düsseldorf, order of 20 January 2024). A deadline set by the Rules of Procedures may only be extended in case a party alleges and gives…
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LD Vienna, 13 September 2023, order on request for preliminary measures, UPC_CFI_182/2023
PI request is an “action” pursuant to Rule 5.6 RoP: An application for a provisional measure or an injunction is an “action” pursuant to Rules 5 and 5A of the Rules of Procedure (RoP) of the Unified Patent Court. This follows, in particular, from the wording of Art. 32(1) (c) UPCA, which uses the term…
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LD Munich, 16 August 2023, procedural order on CMS workflows, UPC_CFI_14/2023
Different workflows can be attributed to one action, and requests should be made in the appropriate workflow – if no appropriate workflow exists, a new workflow should be opened: In the present case, requests to extend or shorten the deadline to submit the statement of defense had been made by the Parties in different, existing…