Home » UPC decisions » Luxembourg Court of Appeal » Court of Appeal, 4 June 2024, Order of the Court of Appeal, UPC_CoA_79/2024

Court of Appeal, 4 June 2024, Order of the Court of Appeal, UPC_CoA_79/2024

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Key takeaways

According to R.5.1(b) RoP an opt-out must be made in relation to all national parts of an EP patent. In addition, R.5.1(a) RoP first sentence, requires that all proprietors or applicants of a patent or application must lodge the opt-out Application. This Rule is not surpassing the scope of Art. 83(3) UPCA, as this Article must be interpreted to mean that all proprietors of or all applicants for a European patent file the opt-out declaration. Otherwise, the opt-out is invalid.

Division

Court of Appeal Luxembourg

UPC number

UPC_CoA_79/2024

Type of proceedings

Appeal according to 220.2 RoP

Parties

Appellant/Defendant in the main proceedings before the court of first instance:

  • Neo Wireless GmbH & Co KG (Ratingen, DE)

Respondent/Claimant in the main proceedings before the court of first instance:

  • Toyota Motor Europe NV/SA (Evere, BE)

Patent(s)

EP 3876490

Body of legislation / Rules

  • Art. 83 (3) RoP
  • R. 1 RoP
  • R. 5.1 RoP
  • R. 190 RoP

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