Author: Sabrina Smyczek
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LD Munich, February 25, 2025, Reimbursement of Court fees, UPC_CFI_208/2023, UPC_CFI_220/2024, UPC_CFI_221/2024
Reimbursement of Court fees should be proportionate to efforts already made by the Court : The purpose of R. 370.9 (b) and (e) RoP on reimbursement of fees in case of a withdrawal of an action is to ensure that the reimbursement is proportionate to the efforts already made by the Court. A complex patent…
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CD Paris, November 5, 2024, Revocation action, UPC_CFI_309/2023
R. 30 (1) (c) RoP does not set out the consequence that all amendments proposed (auxiliary requests) should be dismissed en bloc as not meeting the criterion of being reasonable in number.: Only some of the proposed auxiliary requests may be admitted. The Court can limit a patent by an amendment of the claims and…
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CD Paris, November 5, 2024, Revocation action, UPC_CFI_315/2023
The Court does not evaluate reasons for revocation that the Claimant has not raised.: The Claimant defines the scope of evaluation for a revocation action. If a party, in its first submission, raises an argument and the other party takes issue with this argument in reply, the party may further substantiate its initial argument in…
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LD Munich, August 6, 2024, application for leave to change claim, UPC_CFI_41/2024
Strict application of R. 263.1 RoP regarding a party’s application for leave to change its claim: Pursuant to R. 263.2 RoP, leave shall not be granted if the party seeking the amendment cannot satisfy the Court that (a) the amendment could not have been made with reasonable diligence at an earlier stage and (b) the…
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CoA Luxembourg, August 8, 2024, service of written pleadings/other documents, UPC_CoA_405/2024
Written pleadings are served by the Registry in the electronic CMS of the Court unless service cannot be effected by means of electronic communication (R. 278.1 and 278.2 RoP): Prior communication between the parties themselves of the written pleadings via another electronic system like the German special electronic lawyer’s mailbox (besonderes elektronisches Anwaltspostfach, (beA)) cannot…
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LD Duesseldorf, August 5, 2024, subsequent request to amend patent, UPC_CFI_363_2023
Rule 30.2 RoP leaves open the time of a decision on the admission of a subsequent request for amendment of the patent: The time of the decision is at the discretion of the court. The judge-rapporteur may postpone such a decision. A rejecting order is not required. As long as the subsequent request for amendment…
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LD Milan, May 14, 2024, Procedural Order, UPC_CFI_241/2023
The parties must submit a summary of the topics to be dealt with during the interim conference prior to the interim conference: The parties must inform the Court in advance of the interim conference which persons will participate in the interim conference: With exception of confidential information, the interim conference is open to the public:…
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LD Duesseldorf, May 14, 2024, Request for leave to change claim, UPC_CFI_457/2023
The concretization of the claims by the claimant is not a mere clarification, but a subsequent unconditional and therefore always admissible limitation/change of the claim within the meaning of R. 263 (3) RoP: According to the wording of the statement of claim, the action was initially directed against all computers and electronic end devices of…
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CD Paris, May 10, 2024, request for simultaneous interpretation, UPC_CFI_367_2023
As long as some of the party’s representatives speak/understand the language of the proceedings, there is no reason for simultaneous interpretation of the oral hearing pursuant to R. 109 (1), (2) sentence 1 RoP, whereby the costs arising from the simultaneous interpretation are procedural costs: It does not matter what language skills a specific representative…
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CD Paris, May 10, 2024, Order re Preliminary objection, UPC_CFI_589997/2023
The violation of a standstill agreement does not constitute grounds for challenging the jurisdiction of the Unified Patent Court: Lack of jurisdiction can occur when a different court or a different body (as an arbitration board) which is part of a different judicial system have the power to address the dispute (‘relative’ lack of jurisdiction)…