Author: Nobuchika Mamine
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Court of Appeal, October 2, 2025, decision, UPC_CoA_764/2024, 774/2024
Added matter standard – directly and unambiguously derivable: Whether the subject matter of the granted claim extends beyond the content of the application as originally filed is determined by considering what information a person skilled in the art, based on objective considerations and referring to the filing date and using its general technical knowledge, would…
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CoA, July 15, 2025, review of orders to preserve evidence, UPC_CoA_327/2025, UPC_CoA_002/2025
A request for preserving evidence does not require that this measure is sought without unreasonable delay. : It is necessary to distinguish between the assessment of urgency in the context of an application for preserving evidence (R. 194.2(a) RoP) and the assessment of urgency in the context of an application for provisional measures (R. 209.2(b)…
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CD Paris, July 16, 2025, order on confidentiality, UPC_CFI_484/2025
Information on litigation costs does not justify confidentiality order vis-à-vis parties (R. 262A), but shall be treated confidential vis-à-vis the public (R. 262.2 RoP). : The information regarding the litigation costs does not concern the main subject matter of the (revocation) proceedings and does not directly influence claimant´s business activities. Defendant has a right to…
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President of the CFI, July 16, 2025, order on change of language of the proceedings, UPC_CFI_351/2025
For language of the proceedings, particular consideration is attached to defendant’s working environment and communication channels by which legal and technical departments are expected to provide support in preparing their defence on the alleged infringement. : When deciding on an application to change the language of the proceedings to the language in which the patent…
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LD Munich, March 11, 2025, Order, UPC_CFI_201/2024
Timely lodging of statement of claim upon order of provisional measures: payment of court fees relevant (not timing of receipt): The applicant of provisional measures has to “start proceedings on the merits” of the case within 31 calendar days (or 20 working days, whichever is longer) from the date specified in the Court’s order (R.…
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LD Mannheim, March 11, 2025, orders, UPC_CFI_159/2024, UPC_CFI_162/2024
If infringement proceedings are ready for decision with regard to single national parts, decision should not be withheld if this would delay enforcement: This decision has gained relevance in light of the recent decisions on the long-arm jurisdiction (cf. CJEU, BSH v Electrolux (C-339/22); UPC LD Dusseldorf, Fujifilm v Kodak (UPC_CFI_355/2023) according to which the…
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LD Mannheim, March 11, 2025, decisions, UPC_CFI_159/2024, UPC_CFI_162/2024
Infringement of traditional European patents (“bundle patents”): The applicable substantive law depends on whether the act was committed after the entry into force of the UPCA on June 1, 2023 (then UPCA), before (then national laws), or is “ongoing” (then generally UPCA with exceptions).: If the assertedly infringing act was committed after the entry into…