UPC Decisions
- Brussels Local Division
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LD Duesseldorf, July 30, 2024, Procedural order concerning confidentiality, UPC_CFI_457/2023
Intervener is party to the proceedings with corresponding option to request confidentiality: Unless ordered otherwise by the Court, the intervener shall be treated as a party in accordance with Rule 315.4 RoP. Just like a party, the intervener therefore has the option to file a confidentiality request concerning the information contained in the pleadings submitted…
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LD Munich, July 31, 2024, Decision on the merits, UPC_CFI_233/2023
Applicable standard concerning novelty: In order to be considered part of the state of the art (Art. 54 (1) EPC), an invention must be found clearly integrally, directly and unambiguously in one single piece of prior art and in its existing form, it must be identical in its constitutive elements, in the same form, with…
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LD Vienna, July 30, 2024, Procedural order concerning security for costs of proceedings, UPC_CFI_33/2024
Sufficient interest for intervention to be admissible: The legal interest required for the admissibility of the intervention is given if the intervener has a direct and present interest in the issuance of the order or decision requested by the assisted party. Purchase of accused product establishes interest for intervention to be admissible: Such a legal…
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LD Mannheim, July 31, 2024, Order concerning service, UPC_CFI_330/2024
Specification of address not required to be in line with political views of respective State [concerns: Hong Kong]: A further attempt to serve the Statement of Claim by alternative means or at another place pursuant to Rule 275.1 RoP shall not be required as soon as all possibilities of service under Rules 270-274 RoP have…
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LD Duesseldorf, August 2, 2024, Procedural order concerning Application to Amend, UPC_CFI_355/2023
Admissibility of (later) applications for amendments: If auxiliary requests filed in the context of an application for amendment of the patent are to be amended later, the scope of R. 263 RoP is not open from the outset. The conditions under which applications for amendment of the patent are admissible are laid down in R.…
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LD Munich, August 6, 2024, application for leave to change claim, UPC_CFI_41/2024
Strict application of R. 263.1 RoP regarding a party’s application for leave to change its claim: Pursuant to R. 263.2 RoP, leave shall not be granted if the party seeking the amendment cannot satisfy the Court that (a) the amendment could not have been made with reasonable diligence at an earlier stage and (b) the…
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LD Munich, August 6, 2024, order on service, UPC_CFI_498/2023
Preliminary objection is deemed to be proof of service to Chinese defendant: If a Chinese defendant files a preliminary objection, there is no need to wait for further proof of service from the Chinese authorities on the Chinese defendant. Division Local Division Munich, Panel 2 UPC number UPC_CFI_498/2023 Type of proceedings Infringement proceedings Parties NEC…
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CoA Luxembourg, August 8, 2024, service of written pleadings/other documents, UPC_CoA_405/2024
Written pleadings are served by the Registry in the electronic CMS of the Court unless service cannot be effected by means of electronic communication (R. 278.1 and 278.2 RoP): Prior communication between the parties themselves of the written pleadings via another electronic system like the German special electronic lawyer’s mailbox (besonderes elektronisches Anwaltspostfach, (beA)) cannot…
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CoA Luxembourg, August 6, 2024, order on service, UPC_CoA_205/2024
A defendant company in China cannot, as a starting point, be served a complaint via a company within the same group in a Contracting Member State: Service within the Contracting Member States is governed by R. 270 through 272 RoP. Service outside the Contracting Member States is instead governed by R. 273 and 274 RoP.…
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CoA Luxembourg, August 5, 2024, order on service of a Statement of Claim on defendants in China and Taiwan, UPC_CoA_183/2024
A defendant company in China or Taiwan cannot be served a complaint via a company within the same group in a Contracting Member State: Such a group company cannot automatically be seen as a statutory seat, central administration or principal place of business of a defendant company in China or Hongkong, nor a place where…
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CoA Luxembourg, August 5, 2024, order on service in China and Hongkong, UPC_CoA_86/2024
A defendant company in China or Hongkong cannot, as a starting point, be served a complaint via a company within the same group in a Contracting Member State: Service within the Contracting Member States is governed by R. 270 through 272 RoP. Service outside the Contracting Member States is instead governed by R. 273 and…
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LD Duesseldorf, August 5, 2024, subsequent request to amend patent, UPC_CFI_363_2023
Rule 30.2 RoP leaves open the time of a decision on the admission of a subsequent request for amendment of the patent: The time of the decision is at the discretion of the court. The judge-rapporteur may postpone such a decision. A rejecting order is not required. As long as the subsequent request for amendment…
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LD The Hague, July 31, 2024, order on provisional measures, UPC_CFI_195/2024
No lack of urgency although application filed more than nine months after becoming aware of sales of attacked embodiment: Applicant became aware of sales of the attacked embodiment (mushrooms) in UPC territory in late July 2023 and filed an application for provisional measures on May 14, 2024. In the meantime, applicant, amongst others, had three…
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CD Paris, July 30, 2024, order on confidentiality, UPC_CFI_367/2023
Access to cost breakdown for adversary granted: In the context of an interpretation in conformity with European law taking into account Art. 9(2) of Directive (EU) 2016/943, Art. 58 UPCA, must be understood to mean that the circle of persons entitled to access to confidential information must include at least one natural person from each…
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CoA Luxembourg, July 30, 2024, procedural order, UPC_CoA_405/2024
No shortening of term for response in appeal proceedings due to filing of grounds of appeal prior to end of term or due to contention on a purely legal issue: The arguments that an appeal concerns purely legal issues, the appellant seeks patent protection as soon as possible and the fact that the appellant did…
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CoA Luxembourg, July 29, 2024, order on cost application, UPC_CoA_1/2024
Application for cost decision is to be lodged before the court of first instance: Proceedings for a cost decision are to be started before the court of first instance, even if the application relates to costs that accrued in appeal proceedings. The general procedure as provided in R. 150 seqq. RoP is to be followed.…
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LD Paris, 24 July 2024, Procedural order of the Court of First Instance, UPC_CFI_440/2023
Pendency of an action: The pendency of an action is determined by the date of the registration with the Division concerned – in other words, the pendency of an action is independent on whether or not the defendant has already accepted service of the statement of a claim. Same parties according to Art. 33 (4)…
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