Author: Wolfgang Flasche
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LD The Hague, February 15, 2024, procedural order, UPC_CFI_239/2023
1. Decision against bifurcation before closure of written procedure: The Local Division The Hague decided to hear both the infringement action and the counterclaim for revocation (Art. 33(3)(a) UPCA) and not to bifurcate. This desicsion was taken before the closure of the written procedure (R. 37.2 RoP) for practical reasons. The decision was in conformity…
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LD, The Hague, February 13, 2024, Order, UPC_CFI_239/2023LD
Each party must bear its own legal costs until a final decision and cost order is made: Even if both parties are start-ups or SMEs, both parties have a limited cash-flow, are competitors of each other and the claimant has limited financial capacities, each party must bear its own legal costs until a final decision…