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CoA Luxembourg, September 24, 2024, order on request to produce evidence, UPC_CoA_298/2024, UPC_CoA_299/2024, UPC_CoA_300/2024
Both, claimant and defendant can rely on R. 190.1 RoP to request an order to produce evidence.: In view of the principle of equality of arms, Art. 59 UPCA and R. 190.1 RoP have a broader scope than the initial wording may suggest (evidence in support of its claims). The purpose of these provisions is…
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LD Munich, July 4, 2024, orders on deadlines and confidentiality, UPC_CFI_220/2023
The deadline for submitting a Rejoinder to the Reply only runs from the time at which defendants have been served with a completely unredacted Reply to the Statement of defence.: Defendants have the right to defend themselves comprehensively, uniformly and in full knowledge of all the Claimant’s submissions in the Reply to the Statement of…
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CD Paris, July 2, 2024, order on party’s representation, UPC_CFI_164/2024
The possible violation of the obligation to act as an independent counsellor cannot be asserted by the opposing party, but only by the party for whose benefit such an obligation is placed.: Opposing party has no interest in such a finding as the effectiveness of a party’s right to defence in court shall be protected.…
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CD Paris, July 2, 2024, order on CMS workflows in revocation action, UPC_CFI_484/2023
Whenever certain workflows are provided, parties shall use the correct workflows for lodging documents. : If there is a separate workflow for the Application to amend the patent, the party should use this workflow instead of filing the Application in the same submission as the Statement of Defense. This makes the CMS more transparent and…
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Court of Appeal, February 26, 2024, order on provisional measures, UPC_CoA_335/2023
The patent claim is not only the starting point, but the decisive basis for determining the scope of protection of an EP under Art. 69 EPC in conjunction with the Protocol on the Interpretation of Art. 69 EPC: The interpretation of a patent claim does not depend solely on the strict, literal meaning of the…
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LD Mannheim, 14 February 2024, order on production of documents and protection of confidential information, UPC_CFI_210/2023
Order of a confidentiality regime step-by-step from uploading the document to the decision and any requests for access to the file: The regime reflects the interest – typically arising from the provision in license agreements that the contract may only be produced upon a court order – that the respective licence agreement partner shall be…
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Court of Appeal, 15 February 2024, order on fee for the appeal
Applicable court fees if the table of fees does not provide a fee for the specific action: In the absence of a specific fee for a specific case, such a fee is to be charged for the case that is most comparable to the present case according to the table of fees. The table of…
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Court of Appeal, February 26, 2024, order on stay of proceedings after insolvency, UPC_CoA_335/2023
Proceedings are not required to be stayed under Rule 311.1, 1st sentence RoP, if a party is declared insolvent only after the oral proceedings have concluded and the dispute is ready for a decision: This is in accordance with the principles of procedural economy and cost efficiency as well as a fair balance between the…
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LD Düsseldorf, February 26, 2024, order on language of the proceedings, UPC_CFI_463/2023
For a decision according to Art. 49 UPCA it may be sufficient that the initially chosen language is significantly detrimental to the Applicant. A disproportionate disadvantage is not necessary: The decision has to take grounds of fairness and all relevant circumstances into account, Art. 49(5) UPCA. Decisive are the respective interests at stake. Assertions of…
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Court of Appeal, February 22, 2024, order for expedition of the appeal, UPC_CoA_36/2024
If the appellant takes full advantage of the 15-day deadline for lodging the Statement of appeal and the Statement of grounds of appeal pursuant to Rule 224.1(b) and Rule 224.2(b) RoP, a request for expedition of the appeal proceedings by shortening deadlines must be rejected: An expedition would not sufficiently take into account the respondent’s…
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LD Düsseldorf, 4 December 2023, court order on separation of proceedings, UPC_CFI_363/2023
A separation of proceedings according to R. 302.1 RoP is sensible and appropriate when dealing with a plurality of patents.: The two patents-in-suit may be attacked in respective nullity proceedings which may result in differing timelines of the proceedings. A separation of proceedings should therefore be ordered at an early stage. There is no need…
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LD Munich, 29 August 2023, Procedural order on effective service of Statement of Claim in case of subsequently filed exhibits, UPC_CFI_14/2023
Effective Filing and Service of Statement of Claim, R. 13 RoP: A Statement of Claim can be filed and served on the defendant effectively in accordance with R. 13 RoP if the exhibits are announced to merely be filed subsequently. Exhibits have not yet been “relied on” or “referred to” as evidence within the meaning…
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LD Düsseldorf, 30 June 2023, Order on provisional measures – request for correction of the order, UPC_CFI_177/2023
Application of R. 353 RoP: A country in which the patent is in force and which was not mentioned in the request by mistake or accident cannot subsequently be included in the order within the scope of the correction of the order due to a typing or calculation error or an obvious incorrectness according to…
