Author: Saskia Amelia Jülich
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CoA Luxemburg, April 18, 2025, application for suspensive effect, UPC_CoA_166/2025
Suspensive effect of an appeal must only be ordered in exceptional circumstances: The application for suspensive effect is admissible but must be dismissed as unfounded. A order on suspensive effect may be considered, for instance, if the appealed order or decision is manifestly erroneous, or if the appeal becomes devoid of purpose in the absence…
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LD Paris, April 24, 2025, infringement judgment, UPC_CFI_440/2023
Infringement & Injunction: The defendant’s actions infringed the patent, leading to a permanent injunction under Article 63 UPCA. Specifically, the court found that the defendant’s LED chips infringed claims 1, 2, 6, 7, 9, 10, 11, 12, 13, and 18 of the patent, justifying the injunction. Corrective Measures: The defendant must recall/destroy infringing products, with…
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CD Munich, April 18, 2025, Generic Order, UPC_CFI_526/2024
Reasonable number of auxiliary requests: To ascertain what constitutes a reasonable number of auxiliary requests, several factors are to be considered: the complexity of the technology involved, the number of prior art documents, the individual validity attacks and the presentation and structure of the auxiliary requests. It is not relevant whether there are multiple proceedings…