• CD Munich, 31 January 2024, Order 103 RoP / 105.5 RoP, UPC_CFI_252/2024

    Admissibility of auxiliary requests: Claimant requested to limit the submission of auxiliary requests for the further course of proceedings. The court does not see a legal basis for pre-emptively and categorially ruling out the submission of any further auxiliary requests. Nor does the Court see any legal basis to order the Defendant to make the…

  • Luxembourg Court of Appeal, 18 January 2024, Order of Court of Appeal, UPC_CoA_4/2024

    Orders given pursuant to Rules 360, 361 and 362 RoP: Under Rule 363.2 of the Rules of Procedure, orders given pursuant to Rules 360, 361 and 362 of the Rules of Procedure are final decisions within the meaning of Rule 220.1(a) of the Rules of Procedure. An order pursuant to Rule 360 of the Rules…

  • LD The Hague, 17 January 2024, Procedural order of court of first instance, UPC_CFI_239/2023

    Calculation and extension of deadline to file defence to Counterclaim for revocation: The Defence to the Counterclaim for revocation and any Application to amend the patent pursuant to Rule 30 RoP must be filed within two months of service of a Statement of defence containing a Counterclaim for revocation. The separate official service of the…

  • LD Munich, 27, December 2023, Order of court in first instance, UPC_CFI_181/2023

    Protection of confidential information (keynotes): 1. The protection of confidential information contained in pleadings and annexes can only be requested within a workflow pursuant to Rule 262 and/or 262A of the Rules of Procedure at the same time as the initial filing or within 14 days. 2. Unlike the standard practice in national proceedings in…

  • CD Munich, December 28, 2023, Preliminary Order, UPC_CFI_75/2023

    Request under Rule 262.1(b) can be stayed if Court considers the outcome of appeal proceedings in a different case highly likely to be of relevance for the decision: Upon request under Rule 262.1(b) RoP of the Applicant to make available all written pleadings and evidence the Court decided to wait for the outcome of appeal…

  • CD Munich, 11 October 2023, procedural order Rule 9 RoP, UPC_CFI_80/2023

    Parties are under an obligation to use the CMS and the dedicated workflows in the CMS to file their submissions: Parties are under an obligation to use the CMS and the dedicated workflows in the CMS to file their submissions (see e.g. Rule 4.1 RoP). It is the sole responsibility of the parties that this…

  • CD Munich, 11 October 2023, procedural order Rule 9 RoP, UPC_CFI_75/2023

    Parties are under an obligation to use the CMS and the dedicated workflows in the CMS to file their submissions: Parties are under an obligation to use the CMS and the dedicated workflows in the CMS to file their submissions (see e.g. Rule 4.1 RoP). It is the sole responsibility of the parties that this…

  • LD Hamburg, 4 October 2023, final order, UPC_CFI_278/2023

    Extension of deadlines (R. 19.1, 23 RoP) in the case of a plurality of defendants and appointment of a representative making an electronic service possible: Here, a total of nine defendants are represented by the same representative. Appointment of the same representative helped to provide for a prompt and successful service of the statement for…

  • LD Munich, 29 September 2023, order, UPC_CFI_15/2023

    Filing of preliminary objection via an inappropriate workflow: Filing of preliminary objection via an inappropriate workflow is to be rejected as inadmissible (Article 42.2 UPCA). However, due to the early stage of the UPC proceedings and the resulting lack of experience with the UPC and its Rules of Procedure, the preliminary objection in the current…

  • LD Munich, 23 August 2023, final decision on request for extension of deadline, UPC_CFI_15/2023

    Extension of time limit for preliminary objection (R. 19 RoP): An intended harmonization of the time limit regime as such does not constitute a reason for extending the time limit that runs for the party to which was successfully served at an earlier point in time. Rather, an alignment can also be achieved by shortening…

  • LD Munich, 10 August 2023, final decision on request for extension of deadline, UPC_CFI_15/2023

    Extension of time limit for preliminary objection (R. 19 RoP): In case of more than one defendant, the Rules of Procedure do not require an alignment of the time limit for preliminary objection for the different parties. Usage of case management system at early stage of UPC : Working with the new procedural law and…