Key takeaways
In relation to the proprietor of a European patent there is a rebuttable presumption pursuant to R. 5(a) and (c) that the person shown in the patent register is the actual proprietor of the patent
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Nevertheless, the person shown in the register can be ordered to produce evidence according to R. 190 RoP in order to demonstrate their standing to sue
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The power of authorization for the assignment of the patent-in-suit was challenged by the defendants. Even if the defendants have not been able to provide any tangible evidence regarding the lack of authorization, the court asked the plaintiff to provide further evidence in this regard. Since the defendants are completely excluded from the decision-making process within the company and group of the plaintiff, they must be entitled to be provided with those resolutions to which the plaintiff referred to in the proceedings themselves.
Division
Local Division Hamburg
UPC number
UPC_CFI_54/2023
Type of proceedings
Infringement action and Counterclaim for revocation
Parties
Claimant: Avago Technologies International Sales Pte. Limited (Singapore, SG)
Defendant:
- Tesla Germany GmbH (Berlin, DE),
- Tesla Manufacturing Brandenburg SE (Grünheide (Mark), DE)
Patent(s)
EP 1 612 910
Body of legislation / Rules
R. 190 RoP
