UPC Decisions
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CD Paris, December 27, 2024, Application under Rule 333 RoP for review of security for costs, UPC_CFI_164/2024
Incorrect citation of legal provisions is harmless: The Court must consider a motion even if the legal provisions cited are incorrect, provided the correct legal grounds can be identified from the arguments and facts. The same applies if an application refers to an incorrect order. Change in factual circumstances can impact an existing order on…
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LD Hamburg, December 30, 2024, No preliminary decision on admissibility of amendments of claims, UPC_CFI_173/2024 und 424/2024
No preliminary decisions on admissibility of requests for amendment of claims (Rule 263 RoP, Rule 30 RoP): It is generally not procedurally efficient to decide on the substantive admissibility of requests to amend claims (Rule 30 RoP) and corresponding amendments of the claim or the case (Rule 263 RoP) in a preliminary decision pursuant to…
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LD Munich, December 18, 2024, withdrawal of opt-out, exhaustion, and FRAND defense, UPC_CFI_9/2023
Withdrawal of opt-out effective if CMS workflow is used: The Court held that Claimant’s withdrawal of the opt-out was effective as Claimant used the online workflow in the Case Management System (CMS) according to Rule 5.7 RoP. It is not mandatory to use the provided template which is merely a non-binding support tool. The withdrawal…
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LD Paris, December 19, 2024, Order, UPC_CFI_358/2023
No Stay of Execution from the Court of First Instance: The Court rejected Claimant’s request for a stay of enforcement of its first instance decision during the appeal period as this decision is solely subject to the competence of the Court of Appeal according to Art. 74 UPCA and Rule 223 RoP. In such a…
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CD Paris, December 18, 2024, decision in revocation action, UPC_CFI_454/2023
Standstill provisions do not impact UPC’s jurisdiction: Even if a standstill provision requiring pre-suit notification is breached, this does not affect the Court’s jurisdiction or the admissibility of the action. The Court emphasized that access to justice is a fundamental right (Art. 47 of the Charter of Fundamental Rights of the EU), but that such…
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CoA Luxembourg, December 17, 2024, Application for suspensive effect, UPC_CoA_810/2024
Suspensive Effect of Appeal: The primary legal issue revolves around the suspensive effect of an appeal, specifically under Rule 223.4 RoP, which allows for suspensive effect in cases of extreme urgency. Requirement of Extreme Urgency: The Court emphasized that the applicant must demonstrate the existence of an extreme urgency to justify suspensive effect. In this…
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CD Munich, December 17, 2024, Order, UPC 252/2023
Release of Security for Costs Requires Independent Financial Standing: The UPC held that R. 352.2 RoP also applies to the release of a security for legal costs, even though this is not explicitly mentioned in Rule 158 RoP, which governs the imposition of such securities. The Court ultimately rejected Claimant’s request to release the security…
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Nordic-Baltic Regional Division, December 11, 2024, order on adjournment of oral hearing, UPC_CFI_380/2023, ACT_582093/2023
The Court may stay proceedings relating to a patent which is also the subject of opposition proceedings before the EPO when a rapid decision may be expected from the EPO: The request to stay the proceedings shall be decided on the basis of R. 295(a) RoP in conjunction with Art. 33(10) UPCA. In exercising its…
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CoA Luxembourg, December 10, 2024, revocation of an order, UPC_CoA_470/2023
The revocation under Art. 75(1) UPCA and R. 242.1 RoP of an order of the Court of FirstInstance granting a provisional injunction will, as a general rule, have retroactive effect: As the decision of the CoA to revoke a first instance order means that the CoA finds this order should not have been made. Therefore…
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LD Munich, December 09, 2024, order re. service, UPC_CFI_508/2023 ACT_597609/2023
Failure of service under R. 274.1 RoP.: Where an application is made under Art. 62 UPCA, it is necessary to serve the application to the defendant to give him the possibility to lodge an objection to the application for provisional measures within a time limit to be specified. Failure of service is given if neither…
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LD Paris, December 11, 2024, Decision on the merits, UPC_CFI_395/2023
Headnote 1: Order pursuant to R. 36 RoP does not authorize to raise new grounds; UPC procedure is front-loaded system.: The order pursuant to Rule 36 RoP issued by the judge-rapporteur relates to adding some arguments to the debate related to some specific terms regarding claim interpretation, but it did not authorise the defendant to raise a new…
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LD Hamburg, December 12, 2024, order on determination of service, UPC_CFI_664/2024
Effective service to a recipient in Switzerland is governed by R. 274 RoP, which does not provide for a fiction of service: Switzerland is not a Member State within the meaning of the RoP, so that R. 271 RoP and the fiction of service (10 days) provided for in paragraph 6 do not apply. Rather,…
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LD Munich, December 12, 2024, order on provisional measures, UPC_CFI_201/2024
It follows from R. 15(2) RoP that it is sufficient that the court fees have been paid for the statement of claim to be deemed to have been lodged.: Neither the English nor the German nor the French version state that the fee “has been received by the court”. The wording in all languages clearly state that…
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LD Düsseldorf, December 3, 2024, Order re. procedural security against Defendant, UPC_CFI_140/2024
1. Not only the claimant but also the defendant may be ordered to provide security for legal costs within the meaning of R. 158 RoP.: (pp. 5 et seq.) Contrary to the Defendant´s position, this does not mean that Rule 158 RoP is in conflict with the UPCA. The power to order the provision of…
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CoA, December 3, 2024, appeal decision on request for preliminary measures, UPC_CoA_297/2024
When the Court adjudicates on an application for provisional measures pursuant to R. 211.2 RoP in conjunction with Art. 62(4) UPCA, a sufficient degree of certainty (see also Art. 9(3) Directive 2004/48/EC) requires that the court considers on the balance of probabilities, that it is more likely than not, that the Applicant is entitled to…
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Court of Appeal, November 28, 2024, status as micro-enterprise, UPC_CoA_490/2024
Demonstrating status as a micro-enterprise: The Court of Appeal denied the request to waive the order to pay the regular court fee plus an additional fee of 50 % of the regular fee. The Appellant argued initially to be a micro-enterprise; then corrected its status to small enterprise. The Appellant failed to provide documentary evidence…
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LD Düsseldorf, November 29, 2024, request for simultaneous interpretation, UPC_CFI_355/2023
Discretionary interpretation: The UPC retains discretion in granting simultaneous interpretation, even when a party requests it. Rules 109.1 and 109.2(1) RoP highlight the Judge-Rapporteur’s authority to decide whether and to what extent simultaneous interpretation is appropriate. If the Judge-Rapporteur refuses the request for simultaneous interpretation, a party may, at its own expense, engage a simultaneous…
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