UPC Decisions
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- Vienna Local Division
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CD Paris, September 27, 2024, Procedural Order on Security of Costs, UPC_CFI_164/2024
50% of ceiling of recoverable costs as security during written proccedings: The Respondent is a limited company which was registered 7 months before the present infringement action was filed and has only one employee besides the managing director. It’s business model is exclusively characterized by the enforcement of patents, namely the patent-in-suit, and asserting corresponding…
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CD Milan, October 1, 2024, Procedural Order, UPC_CFI_380/2024
High threshold for intervention in interim injunction proceedings: The Court rejected the request (here: from Menarini) for intervention, emphasizing that Article 313 RoP permits intervention in interim injunction proceedings only under exceptional circumstances. The mere fact that a third party might be affected by the outcome of the proceedings is not sufficient. Rather, the third…
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LD Munich, October 2, 2024, Substantive Order, UPC_CFI_153/2024
Patent pool administrators have a direct legal interest in litigations concerning patents within their pools: The court, referencing Rule 313 of the Rules of Procedure of the Unified Patent Court (RoP), affirmed that a patent pool administrator possesses a direct and present legal interest in the outcome of such a lawsuit. This interest stems from…
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Court of Appeal, September 30, 2024, Ordner in relation to R. 220.3 RoP and deadlines in R29(d) RoP, UPC_CoA_543/2024
Deadlines when Confidential Information are included: This decision clarifies that the deadline for a Defendant’s reply (in German “Duplik”) under Rule 29(d) RoP, when confidential information is involved, begins upon filing the initial Plaintiff’s reply, even if redacted. The Court of Appeal, while acknowledging differing practices across Local Divisions, found no misinterpretation of the RoP…
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LD Munich, October 2, Procedural Order on Security for Costs UPC_CFI_54/2024
US-based NPE has to provide security: The Claimant is a non-practicing entity with no operational business. Its business model appears to be based solely on revenues expected from patent litigation. The Claimant owns no other assets other than the patents used in multiple worldwide litigations and it has failed to substantially challenge these reasons and…
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Court of Appeal, September 17, 2024, Order in appeal proceedings against a decision in first instance revocation proceedings, UPC_CoA_227/2024
Application of Articles 29 to 32 of the Brussels I recast Regulation concerning lis pendens: The CoA found that Articles 29 to 32 of the Brussels I recast Regulation apply during the transitional period defined in Article 83 UPCA, even if national proceedings commenced before this period. This interpretation aims to prevent conflicting decisions arising…
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RD Nordic-Baltic, September 18, 2024, Procedural Order on a request for access to the written pleadings and evidence, UPC_CFI_8/2023
Requirements for a “reasoned request” for access under Rule 262.1(b) RoP: The UPC clarified that a “reasoned request” under Rule 262.1(b) RoP requires more than a general interest. The applicant must provide a specific and credible explanation for needing access to court documents, demonstrating a genuine need beyond publicly available information In this case, the…
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CD Paris, September 16, 2024, Order on the need for confidentiality, UPC_CFI_164/2024
This decision highlights the importance of ensuring representatives before the UPC are independent, as required by Article 48(5) UPCA. The court emphasized that representatives cannot be employees or individuals with significant financial ties to the represented party.: In this case, the claimant’s representative’s position as managing director and main shareholder was found to compromise their…
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CD Paris, September 16, 2024, Order on Manifest Inadmissibility, UPC_CFI_164/2024
High threshold for “manifestly inadmissible” under Rule 361 RoP: The Court held that “manifest inadmissibility” must be established prima facie on the basis of simple factual findings. This interpretation promotes procedural efficiency by enabling the quick dismissal of baseless claims while ensuring potentially complex legal issues are addressed at the appropriate stage. In this case,…
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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 The Hague, September 17, 2024, Procedural Order on a Counter Claim for revocation – amendment of counter claim, ACT_586899/2023
Amendments to counterclaims are permissible even after the initial pleadings have been filed: The court emphasized that it will grant leave to amend when the amendment could not have been reasonably submitted earlier, such as when the opposing party makes an unexpected procedural move. This approach ensures fairness and allows the real issues in dispute…
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Court of Appeal, September 18, 2024, Order concerning language of proceedings, UPC_CoA_354/2024
Criteria for the decision under Article 49(5) UPCA: Unlike Art. 49(4) UPCA, Art. 49(5) UPCA does not mention convenience as a criteria, only fairness. If a claimant is proficient in English and German, claimant’s choice of German as the language of the proceedings is merely one of convenience and thus not relevant under Art. 49(5)…
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LD Hamburg, September 17, 2024, order on application pursuant to R. 262.1(b) RoP, UPC_CFI_151/2024
Application to get access to written pleadings and evidence granted (R. 262.1(b) RoP), but limited to redacted versions (R. 262.2 RoP): The access to the written pleadings and evidence is conditioned to a reasoned request, R. 262.1(b) RoP. Gaining a better understanding of one of the first UPC decisions regarding an application for provisional measures…
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Court of Appeal, September 16, 2024, order concerning security for costs, UPC_CoA_301/2024
Late filed requests and duty to provide evidence: The Court of Appeal may decide to disregard late filed requests, facts and evidence even if these were not objected by the other party (Rule 222.2 RoP). The Court of Appeal may exercise its discretion in this respect. When exercising this discretion, it shall take into account…
3 min Reading time→
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