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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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Court of Appeal – Luxembourg (LU), May 2, 2024, Order re application for suspensive effect, UPC_CoA_177/2024
According to Article 74(1) UPCA, the appeal has no suspensive effect unless the Court of Appeal decides otherwise at the motivated request of one of the parties. : The Court of Appeal can grant the application only if the circumstances of the case justify an exception to the principle that the appeal has no suspensive…
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LD Mannheim, April 30, 2024, Order re producing license agreements, UPC_CFI_ 218/2023, UPC_CFI_ 219/2023, UPC_CFI_ 223/2023,
Plaintiff in infringement proceedings can request an order, directed against themselves, to produce an SEP license agreement with a third party. In accordance with the principle of production of evidence (Art. 43 UPCA), the plaintiff must decide for themselves which submissions they wish to make in the proceedings.: In order to demonstrate that FRAND obligations…
