Home » UPC decisions » Luxembourg Court of Appeal » CoA, December 23, 2024, oder concerning an application for a discretionary review (Rule 220.3 RoP)

CoA, December 23, 2024, oder concerning an application for a discretionary review (Rule 220.3 RoP)

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Key takeaways

  • An unconditional application to reduce the amount of damages claimed shall be considered as an unconditional application under Rule 263.3 RoP.
  • Leave to limit a claim in an action unconditionally shall always be granted.
  • The judge-rapporteur is responsible for determining the value of the action during the interim procedure.
  • This determination must reflect the objective interest pursued by the filing party at the time of filing the action.

Division

Court of Appeal

UPC number

UPC_CoA_826/2024

Type of proceedings

Request for discretionary review pursuant to Rule 220.3 RoP

Parties

  • Applicant and Defendant in the main proceedings: Microsoft Corporation
  • Respondent and Claimant in the main proceedings: Suinno Mobile & AI Technologies Licensing Oy

Patent

EP 2 671 173

Jurisdictions

Unified Patent Court

Body of legislation / Rules

  • Rule 263.3 RoP
  • Rule 220.3 RoP
  • Rules 22, 104, and 370.6 RoP

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