Home » UPC decisions » Central Division » CD Munich, October 17, 2024, Decision of the Court of First Instance of the Unified Patent Court, UPC_CFI_252/2023

CD Munich, October 17, 2024, Decision of the Court of First Instance of the Unified Patent Court, UPC_CFI_252/2023

3 min Reading time

Key takeaways

The Court must examine its international jurisdiction of its own motion when this is required under Union law.

Pursuant to Art. 30 of the Brussels I recast Regulation, the UPC may stay proceedings (based on its discretionary power) where a related action is pending in a national court.

Under the front-loaded system of UPC proceedings, parties are under an obligation to set out their full case as early as possible. Permission for subsequent request to amend under Rule 50.2 RoP in connection with Rule 30.2 RoP is not given when the auxiliary request could and should have been filed earlier.

The assessment of novelty within the meaning of Art. 54 (1) EPC requires the determination of the whole content of the prior publication. It is decisive whether the subject-matter of the claim with all its features is directly and unambiguously disclosed in the prior art citation.

Division

CD Munich

UPC number

UPC_CFI_252/2023, ORD_598480/2023, ACT_551180/2023

Type of proceedings

Revocation Action

Parties

NanoString Technologies Europe Limited, Bristol – GB (Claimant)

President and Fellows of Harvard College, Cambridge, MA – US

Patent(s)

EP 2 794 928 B1

Jurisdictions

Unified Patent Court and German Federal Court of Justice (BGH)

Body of legislation / Rules

Art. 30 of the Brussels I recast Regulation

Rule 50.2 RoP, Rule 30.2 RoP

Art. 54(1) EPC


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