Author: Michael-Wolfgang Waschak
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LD Düsseldorf, November 29, 2024, request for simultaneous interpretation, UPC_CFI_355/2023
Discretionary interpretation: The UPC retains discretion in granting simultaneous interpretation, even when a party requests it. Rules 109.1 and 109.2(1) RoP highlight the Judge-Rapporteur’s authority to decide whether and to what extent simultaneous interpretation is appropriate. If the Judge-Rapporteur refuses the request for simultaneous interpretation, a party may, at its own expense, engage a simultaneous…
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CD Paris, November 29, 2024, revocation action, UPC_CFI_307/2023
Common general knowledge: The common general knowledge is information which has been commonly known to the skilled person from written sources or from practical experience in the relevant technical field available at the prior date: it includes knowledge which is directly available from familiar sources of information relating to the specific technical field but does…
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LD Düsseldorf, November 29, 2024, procedural order rejecting submission, UPC_CFI_355/2023
Absent a reasoned request, and consequently a decision allowing further submissions, the Court will rejcect any submissions made after the stipulated periods.: Pursuant to R. 36 RoP, the judge-rapporteur may, on a reasoned request by a party, allow further written submissions to be exchanged within a period to be specified.In the case at hand, the…
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CoA, November 29, 2024, order on relevant criteria for security for costs (R.158 RoP), UPC_CoA_548/2024
When deciding on a request for security for costs– failing any guarantees or other special circumstances, it is not relevant whether the claimant belongs to a – financially sound – group of companies. It is only the financial position of the claimant itself that is relevant;– it is not relevant whether a claimant is willing…
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CoA, November 27, 2024, Order on a request for discretionary review of an order on security for costs (R.220.3 RoP), UPC_CoA_651/2024
With this order, the Court of Appeal allows leave to appeal on the question whether the judge-rapporteur can decide alone on security for costs of a party and deny leave to appeal.: In the case at hand, the Mannheim Local Division ordered, with reference to Art. 69(4) UPCA and R.158 RoP, Claimant Total Semiconductor to…
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LD Mannheim, September 3, 2024, order on protection of confidential information, UPC_CFI_219/2023
Submission in rejoinder, insofar as it concerns two third-party license agreements, will not be taken into account in the further proceedings: The submissions in the rejoinder, insofar as they concern two third-party license agreements that are subject of the requested further access restrictions, will not be taken into account in the further proceedings. The Defendants…
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LD Duesseldorf, September 2, 2024, request to allocate another technically qualified judge, UPC_CFI_368/2024
No opportunity for parties to make suggestions on (technical) background of one of the judges allocated to the panel: Defendant’s application for a review of the allocation of a technically qualified judge in order to allocate another technically qualified judge with experience in the field of mechanical engineering is dismissed. The technically qualified judge is…
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LD Duesseldorf, August 30, 2024, order on protection of confidential information, UPC_CFI_99/2024
Information on the profit margin may be subject to confidentiality if it is not available from publicly accessible sources: The Claimant has not questioned the fact that information on the profit margin may constitute confidential information if it is not available from publicly accessible sources. Insofar as the Claimant instead refers to the fact that…
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CoA, September 3, 2024, Order on international jurisdiction and competence, UPC_CoA_188/2024
1) Art. 7(2) in conjunction with Art. 71b(1) of the Brussels I recast Regulation must be interpreted as meaning that the UPC has international jurisdiction in respect of an infringement action where the European patent relied on by the claimant has effect in at least one Contracting Member State and the alleged damage may occur…
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CoA, September 5, 2024, Order on connection joinder of proceedings, UPC_CoA_106/2024
A connection joinder pursuant to R. 340 RoP cannot result in the referral of an action to another division of the Court of First Instance beyond the possibilities provided for referral of actions in Art. 33 UPCA.: A joinder pursuant to R. 340 RoP cannot result in the referral of an action to another division…
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CoA, September 5, 2024, Order on application for language change, UPC_CoA_207/2024
The fact that the parties are domiciled in countries where the language of the proceedings chosen by the claimant is an official language is an important factor in the decision on an application to use the language of the patent as the language of the proceedings.: An important factor is the fact that the claimant…
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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…