Key takeaways
Limited Scope of Rectification Under Rule 353 RoP
Rectification under Rule 353 RoP is limited to obvious errors (clerical mistakes, errors in calculation, obvious slips) evident from the decision’s reasoning – in other words, a discrepancy between the judge’s intended decision and its material representation, provided that this can be deduced from a comparison between the part affected by the error and the considerations contained in the reasoning.
Costs in Setting Aside Default Decisions Under Rule 356 RoP
Applications to set aside default decisions are merely internal procedural remedies within the main proceedings and do not lead to separate cost decisions. Costs related to such applications are to be addressed within the main proceedings’ cost decision.
Division
Central Division Paris
UPC number
UPC_CFI_412/2023
Type of proceedings
Revocation Action
Parties
Applicant: Bayerische Motoren Werke Aktiengesellschaft
Respondent: ITCiCo Spain S.L.
Patent(s)
EP 2 796 333
Jurisdictions
UPC
Body of legislation / Rules
Rule 353 RoP, Rule 356 RoP, Article 69(1) UPCA
