Key takeaways
Application of R. 353 RoP
A country in which the patent is in force and which was not mentioned in the request by mistake or accident cannot subsequently be included in the order within the scope of the correction of the order due to a typing or calculation error or an obvious incorrectness according to R. 353 RoP.
Staffing of the panel
When reviewing formal corrections after the order has been issued, the panel does not have to be originally staffed.
Division
Local Division Düsseldorf
UPC number
CFI 177/2023
Type of proceedings
Request for correction of the order on provisional measures
Parties
- myStromer AG (applicant)
- Revolt Zycling AG (respondent)
Patent(s)
EP 2 546 134 B1
Jurisdictions
Germany, Switzerland, Italy, Liechtenstein, Netherlands
Body of legislation / Rules
- Art. 34 UPCA
- R. 353 RoP