Author: Saskia Mertsching
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Nordic-Baltic Regional Division, December 11, 2024, order on adjournment of oral hearing, UPC_CFI_380/2023, ACT_582093/2023
The Court may stay proceedings relating to a patent which is also the subject of opposition proceedings before the EPO when a rapid decision may be expected from the EPO: The request to stay the proceedings shall be decided on the basis of R. 295(a) RoP in conjunction with Art. 33(10) UPCA. In exercising its…
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CoA Luxembourg, December 10, 2024, revocation of an order, UPC_CoA_470/2023
The revocation under Art. 75(1) UPCA and R. 242.1 RoP of an order of the Court of FirstInstance granting a provisional injunction will, as a general rule, have retroactive effect: As the decision of the CoA to revoke a first instance order means that the CoA finds this order should not have been made. Therefore…
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LD Munich, December 09, 2024, order re. service, UPC_CFI_508/2023 ACT_597609/2023
Failure of service under R. 274.1 RoP.: Where an application is made under Art. 62 UPCA, it is necessary to serve the application to the defendant to give him the possibility to lodge an objection to the application for provisional measures within a time limit to be specified. Failure of service is given if neither…
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LD Hamburg, December 12, 2024, order on determination of service, UPC_CFI_664/2024
Effective service to a recipient in Switzerland is governed by R. 274 RoP, which does not provide for a fiction of service: Switzerland is not a Member State within the meaning of the RoP, so that R. 271 RoP and the fiction of service (10 days) provided for in paragraph 6 do not apply. Rather,…
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CoA, September 17, 2024, order of the Court of Appeal concerning security for costs, UPC_CoA_217/2024 et. al.
Standard and its application to the case at hand: The Court, when exercising its discretion under Art. 69(4) UPCA and R.158 RoP, must determine, in light of the facts and arguments brought forward by the parties, whether the financial position of the Claimant gives rise to a legitimate and real concern that a possible order…
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CoA, August 21, 2024, Order on a request for a discretionary review pursuant to R. 220.3 RoP, UPC_CoA_469/2024
The exclusion of a specific natural person from the confidentiality club in the context of a R. 262.A order requires concrete reasons: The abstract risk that an in-house counsel could breach the confidentiality obligation due to conflicts of interest if the in-house counsel is included in the group of persons entitled to access confidential information…
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CoA, August 21, 2024, order on an application pursuant to R. 9.1 RoP, UPC_CoA_469/2024
R.9.1 RoP cannot be interpreted as giving the parties the right to file motions on their own initiative.: According to R. 9.1 RoP, the Court may, at any stage of the proceedings, of its own motion or on a reasoned request by a party, make a procedural order such as to order a party to…
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CoA, August 21, 2024, order on application pursuant to R. 9.1 RoP and summons of the parties to the oral hearing, UPC_CoA_354/2024
An application under R.36 RoP can only be made before the closure of the interim procedure, and further pleadings may only be filed after an application under R. 36 RoP has been made: For the appeal procedure, R.239.2 RoP conclusively determines when the written procedure is completed. As soon as the judge-rapporteur considers the appeal…
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LD Mannheim, May 06, 2024, Order on separation of proceedings, UPC_CFI_ 218/2023, UPC_CFI_219/2023 und UPC_CFI_223/2023
Pursuant to R. 303.2 RoP, the court may order that proceedings initiated in relation to several defendants be heard in separate proceedings if such separation is appropriate and necessary.: If, in proceedings with several defendants, representatives have only been appointed for some of the defendants and the remaining defendants have yet to be served and…
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LD Düsseldorf, 24 January 2024, procedural order, UPC_CFI_452/2023
CMS workflow for the request under R. 212.3 RoP: In order to ensure that the proceedings run as seamlessly as possible, the CMS provides for a separate workflow for the submission of a request to review in accordance with R. 212.3 RoP. The panel may grant a party the right to re-file a request filed…
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LD Munich, 23 January 2024, procedural order, UPC_CFI_181/2023
The interim conference can be held as video conference : The recording of the interim conference can be listened to on the premises of the Munich Local Division. Potential orders in the interim conference: Potential orders in the interim conference include the determination of deadlines for further written submissions by the parties, the determination of…