Home » UPC decisions » Regional Division » Nordic-Baltic Regional Division » Nordic-Baltic Regional Division, 8 September 2023, UPC_ CFI_11/2023

Nordic-Baltic Regional Division, 8 September 2023, UPC_ CFI_11/2023

3 min Reading time

Key takeaways

Interestingly, the Regional Division did not comment on how the requirement under R. 265.1 RoP that the other party shall be heard before the withdrawal, can be fulfilled in cases where the Statement of Claim has not been served on (all) defendants. In this particular case, it appears that some defendants had been officially served and commented on the withdrawal, which the court likely deemed sufficient, since all defendants seem to belong to the same group of companies.

The value of an infringement action is regularly determined in the interim conference. This order clarifies how it can be determined if the infringement action is withdrawn before the interim conference takes place.

Division

Nordic-Baltic Regional Division

UPC number

UPC_ CFI_11/2023

Type of proceedings

Infringement Action

Parties

Claimant: Ocado Innovation Limited

Defendants: Autostore AS; Autostore Sp. z o.o., Autostore System AB, Autostore S.A.S., Autostore System GmbH, Autostore System AT GmbH, Autostore System AT GmbH, Autostore System S.L

Patent(s)

EP3653540

Body of legislation / Rules

  • Rule 265 RoP
  • Rule 370.9 RoP
  • Rule 370.10 RoP

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