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The State of Play at the UPC from a Japanese Perspective: Insights from Active UPC Litigators
Join three active UPC litigators involved in over 30 UPC actions to discuss what these developments mean from a Japanese perspective and how Japanese companies can adjust and complement their enforcement and defense strategies in light of the emerging legal framework.
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CoA Luxembourg, September 24, 2024, order on request to produce evidence, UPC_CoA_298/2024, UPC_CoA_299/2024, UPC_CoA_300/2024
Both, claimant and defendant can rely on R. 190.1 RoP to request an order to produce evidence.: In view of the principle of equality of arms, Art. 59 UPCA and R. 190.1 RoP have a broader scope than the initial wording may suggest (evidence in support of its claims). The purpose of these provisions is…
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CD Paris, 23 September 2024, Public access to file, UPC_CFI_189/2024
Public access to file – general principles: As found by the Court of Appeal (see order of 10 April 2024, UPC_CoA_404/2023), the general principle laid down in the UPCA is that the register is public and the proceedings are open to the public, unless the balance of interests involved is such that they are to…
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LD Munich, September 25, 2024, Procedural Order on a Counterclaim for revocation – Standing to be sued, UPC_CFI_114/2024 UPC_CFI_448/2024
Background: A common situation in patent litigation is that a patent has (allegedly) been assigned from one legal entity (assignor) to another (assignee) and that the assignee asserts the patent before being entered as proprietor into the register. This decision addresses the question who the alleged infringer (defendant) can sue in a counterclaim for revocation.…
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CoA Luxembourg, September 25, 2024, order on provisional measures, UPC_CoA_182/2024
Background and first instance decision: This decision relates to an appeal regarding a decision on provisional measures and, in particular, answers the question whether submissions from the main proceedings (and related counterclaim for revocation) are to be considered during the appeal stage of provisional measures. The first instance had issued a preliminary injunction in ex…
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LD Mannheim, June 27, 2024, indicative decision, UPC_CFI_ 210/2023
Arguments on claim construction to be made with the Statement of Claim: According to R. 13(1)(n) RoP in cases of technically complex subject-matters, the Statement of Claim must already contain the claim construction if the patent in suit is not readily understandable on its own. In case the plaintiff does not comply, further legal issues…
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CD Paris, February 27, 2024, late-filed amendments to the patent (rejected), UPC_CFI_255-2023CD
Alignment of defenses in different proceedings: In a case in which the patent proprietor applied to amend the patent in due time (that is, within the time period for lodging the defence to revocation) and then requested a change of this original application within his next deadline (rejoinder to the reply to the defence and…
