Author: Ronja Schregle
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LD Munich, February 5, 2025, Decision re. Preliminary Objection, UPC_CFI_740/2024
A Preliminary objection can also be raised with regard to a counterclaim for revocation.: Although R. 19 RoP addresses infringement actions, the principle of equality of arms requires that the defendant of a counterclaim for revocation must be able to assert a lack of competence procedurally in the same way as the defendant of an infringement…
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LD Paris, February 5, 2025, order concerning further exchanges of written pleadings (R. 36 RoP), UPC_CFI_163/2024
Three sucessive stages of the written procedure in infringement actions: The Rules of Procedure devide the written procedure into several successive stages: Stage 1: Pleadings relating to the infringement claim comprising a set of 4 statements Stage 2: Pleadings relating to the validity of the patent-in-suit in the event of a counterclaim for revocation Stage…
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CD Paris, October 14, 2024, order on application pursuant to R.262.1(b) RoP, UPC_CFI_255/2023, CC_584916/2023 and CC_585030/2023
Principle of Public Access Upheld: The court reaffirmed the general principle that the register of the Unified Patent Court and the proceedings before it are open to the public, as stipulated in Art. 10 (1) UPCA and Rule 262.1 (b) RoP, unless the balance of interests involved is such that they are to be kept…
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CoA, October 15, 2024, order re. appeal against procedural order, CoA_PC_01/2024
Express Grant of Leave to Appeal Required: The Court emphasized that leave to appeal against a procedural order must be explicitly granted by the Court of First Instance (CFI) under Article 73 UPCA and Rule 220.2 RoP. The CFI’s general statement referencing Rule 220.2 RoP (“subject to appeal under the conditions laid down by the provisions of R. 220.2…
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LD Munich, October 11, 2024, cost decision, UPC_CFI_292/2023
No retroactive extension of time period for requesting costs under R. 151 RoP: The Court held that Rule 320 RoP, concerning the restitution of rights, is the lex specialis (more specific rule) and takes precedence over the general provision of Rule 9.3(a) RoP when a party misses a deadline and seeks to restore its right to…
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LD Lisbon, October 15, 2024, order dismissing PI based on patent infringement, UPC_CFI_317/2024
Challenging territorial competence requires more than denying infringement: The court held that simply denying infringement does not constitute a valid challenge to territorial competence under Art. 33 (1) (a) UPCA. Defendants must directly address and refute the “territorial connection element” to successfully contest jurisdiction. The court emphasized the distinction between a jurisdictional challenge and a…
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Central division (Section Munich), Decision in Revocation Action, UPC 1/2023, UPC 14/2023
Claim interpretation: When interpreting a patent claim, the person skilled in the art does not apply a philological understanding, but determines the technical meaning of the terms used with the aid of the description and the drawings. A feature in a patent claim is always to be interpreted in light of the claim as a…
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LD The Hague, 15 February 2024, R.9 Order on the Application of Art. 33(3) UPCA, UPC_CFI_239/2023
No bifurcation of infringement action and counterclaim for revocation (as unanimously requested by the parties): A joint hearing of the infringement action and the counterclaim seems to be appropriate in particular for reasons of procedural expediency and avoids the risk of delay that might be involved with bifurcating. It is also preferable because it allows…
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CD Paris, 20 February 2024, Order of the Court of First Instance, UPC_CFI_454/2023
Strict requirements for extensions of deadlines: The Court may extend a deadline set by the Rules of Procedures only in case a party alleges and gives evidence that it will not be able or was not able to meet it because of a fact that makes the submission of a document or the arrangement of…
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LD Munich, 19 February 2024, order of the Court of first instance, UPC_CFI_9/2023
Example of exercise of the case management powers of the court under R. 334 RoP.: A videoconference with the parties can be designated a separate hearing under Rule 334(d) RoP, which does not preclude an interim conference under Rule 35(b) RoP. Division Local Division Munich UPC number UPC_CFI_9/2023 Type of proceedings Infringement Action Parties Claimant:…
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LD Paris, 12 February 2024, procedural order on an application for forced intervention, UPC_CFI_440/2023
A defendant, who has a warranty claim against its supplier, can successfully apply for forced intervention of the supplier under R. 316A.1 RoP: SAS LASER COMPONENTS sougth the forced intervention of PHOTON WAVE Co. Ltd, which it designates as the supplier of the allegedly infringing UV LED chips, claiming that if it were to be…
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LD Hamburg, 4 October 2023, preliminary order on confidentiality, UPC_CFI_54/2023
For the purpose of effective protection of trade secrets, access may be limited to the party representative until the final order on the limitation of access to confidential information is made.: Even though R. 262A.6 RoP states that, at least, one natural person from each party and the respective lawyers or other representatives of those…
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Nordic-Baltic Regional Division, 8 September 2023, UPC_ CFI_11/2023
If an infringement action is withdrawn before the Statement of Claim is served on defendants, this is a withdrawal before the closure of the written procedure in the meaning of R. 370.9 RoP. Consequently, 60% of the court fees will regularly be reimbursed upon reasoned application.: Interestingly, the Regional Division did not comment on how…
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CD Munich, 24 August 2023, order rejecting a preliminary objection of the court of first instance of the Unified Patent Court, UPC_CFI 1/2023
Action brought at date and time (hours, minutes, seconds) of filing: The actual date (year, month, day) and time (hours, minutes, seconds) of filing an action is decisive for the question of when an action has been brought in the meaning of Art. 33.4 UPCA. Hard-copy filings (R. 4.2 RoP) in first instance not only…
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LD Munich, 17 July 2023, order re. separation of the proceedings, UPC_CFI 14_2023
Proceedings against various defendants can be separated, if service on one defendant takes longer than service on the other defendants.: One of four defendants refused electronic service, while the other three defendants accepted electronic service. The Reporting Judge indicated that the consequence of later service on the last defendant could significantly delay the proceedings and…