Home » UPC decisions » Central Division » Munich Central Division » CD Munich, 24 August 2023, order rejecting a preliminary objection of the court of first instance of the Unified Patent Court, UPC_CFI 1/2023

CD Munich, 24 August 2023, order rejecting a preliminary objection of the court of first instance of the Unified Patent Court, UPC_CFI 1/2023

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Key takeaways

The actual date (year, month, day) and time (hours, minutes, seconds) of filing an action is decisive for the question of when an action has been brought in the meaning of Art. 33.4 UPCA.

The Registry is not the Registry of the Court of Appeal but the Registry of the entire Court. Hard-copy filings in case the CMS has ceased to function (R. 4.2 RoP) may therefore be filed at the Registry in Luxemburg, also for filing an action in first instance.

Division

This decision was rendered by the Central Division (Section Munich) of the Unified Patent Court on August 24, 2023.

UPC case number

The CFI number of this decision is UPC_CFI 1/2023.

Type of proceedings

This decision was rendered in preliminary objection proceedings.

Patent(s)

These proceedings pertained to the patent-in-suit EP 3 666 797.

Body of legislation / Rules

  • Art. 10 UPCA
  • Art. 33.4 UPCA
  • Rule 4 RoP
  • Rule 19 RoP
  • Rule 13 RoP
  • Rule 17 RoP
  • Rule 3.2 of the Rules governing the Registry

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  • Attorney-at-Law (Rechtsanwältin), UPC Representative

  • Attorney-at-Law (Rechtsanwalt), European Patent Attorney, UPC Representative, Managing Partner

  • Attorney-at-Law (Rechtsanwalt), UPC Representative, Counsel

  • German and European Patent Attorney, UPC Representative, Partner

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