Home » UPC decisions » Luxembourg Court of Appeal » CoA, January 14, 2024, order on panel review, UPC_CoA_651/2024

CoA, January 14, 2024, order on panel review, UPC_CoA_651/2024

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Key takeaways

Judge-rapporteur can issue an order for security of costs. There is no wording in R. 158 RoP that such orders shall be adopted by the panel.

There is a broad scope for review of actions of the judge-rapporteur, as laid down in RoP, in particular R. 331 RoP in conjunction with R. 102 and R. 333 RoP. Decisions and orders by the judge-rapporteur under the mandate of the panel can always be reviewed, either at the initiative of the panel itself, or at the (reasoned) request of a party. It follows from this broad interpretation that an order on security for costs pursuant to R. 158 RoP must be considered a case management order. Consequently, such orders are subject to review by the panel, as provided for in R. 333 RoP.

If the judge-rapporteur or presiding judge issues an order on security for costs, the judge-rapporteur or presiding judge is not competent to decide on leave to appeal. Leave to appeal should be assessed by the panel after panel review.

Division

CoA Luxembourg

UPC number

UPC_CoA_651/2024

Type of proceedings

Appeal proceedings

Parties

Claimant: TOTAL SEMICONDUCTOR, LLC

Defendants: Texas Instruments EMEA Sales GmbH, Texas Instruments Deutschland GmbH

Patent(s)

EP 2 746 957

Body of legislation / Rules

R. 158 RoP, R. 333 RoP


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  • Antje Weise, Attorney-at-Law (Rechtsanwältin) BARDEHLE PAGENBERG Partnerschaft mbB

    Attorney-at-Law (Rechtsanwältin), UPC Representative

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