UPC Decisions
- Brussels Local Division
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- Local Division
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- Milan Local Division
- Munich Central Division
- Munich Local Division
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- Paris Central Division
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- Vienna Local Division
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LD Milan, July 23, 2024, order on application according R 262A RoP, UPC_CFI_240/2023
Restriction to “attorneys eyes only” possible under R 262A RoP, exceptional circumstances required: In the case of protection of confidential information under R. 262A RoP, the number of persons authorised to have access may not be greater than is necessary to ensure compliance with the principle of a fair trial and the right of the…
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Central Division, Paris Seat, 19 July 2024, Decision of the Court of First Instance, UPC_CFI_255/2023
Concurrent pendency of invalidity proceedings before different divisions and criteria for exercising the Court’s discretion, Art. 33 (3) UPCA: In the situation of concurrently pending invalidity attacks by different parties against the same patent before different divisions (here: revocation action before CD and counterclaim(s) for revocation before LD) the local division has a discretion either…
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CD Munich, 23 July, 2023, Order on conclusion of a revocation action by way of settlement, UPC 75/2023, UPC 80/2023
Conclusion of an action by way of settlement without a request according to R. 365.1 RoP possible: The parties may at any time conclude their action by way of settlement which “shall” be confirmed by a decision of the Court, Art. 79 UPCA. R. 365 RoP clarifies that the Court shall confirm the settlement only…
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Court of Appeal, July 23, 2024, order on appeal, UPC_CoA_177/2024
Application for preservation of evidence or inspection of premises implies a request to disclose the report on the outcome: The legitimate purpose of the procedure for the preservation of evidence or the inspection of premises (Art. 60 UPCA, R. 192 et seq.) includes the use of the evidence to decide whether to initiate proceedings on…
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LD Duesseldorf, July 22, 2024, Order on a request for confidentiality, UPC_CFI_457/2023
Generally, a confidentiality club shall include at least one natural person from an intervening party: Since the intervener shall be treated as a party in accordance with R. 315.4 RoP (unless otherwise ordered by the Court), on request according to R. 262A a confidentiality club shall comprise at least one natural person from the intervener.…
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Central division (Section Munich), Decision in Revocation Action, UPC 1/2023, UPC 14/2023
Claim interpretation: When interpreting a patent claim, the person skilled in the art does not apply a philological understanding, but determines the technical meaning of the terms used with the aid of the description and the drawings. A feature in a patent claim is always to be interpreted in light of the claim as a…
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LD The Hague, June 19, 2024, Order of the Court of First Instance, UPC_CFI_130/2024
LD has competence to hear the case in respect to Ireland: The court read Applicant’s application to also cover Ireland, which is a signatory state to the UPCA and therefore a Contracting Member State, even though Ireland has not yet ratified the Agreement. Pursuant to Art. 31 UPCA which provides that the international competence of…
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LD Mannheim, July 3, 2024, Order re Protection of Confidential Information, UPC_CFI_471/2023
Access to unredacted documents is restricted to a limited group: Access to the unredacted version of the responses to the complaint is restricted on the plaintiffs’ side to the following persons: a) the plaintiffs’ legal representatives and their internal support staff, There is no reason to restrict access on the part of the plaintiffs’ authorised…
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LD Munich, July 4, 2024, orders on deadlines and confidentiality, UPC_CFI_220/2023
The deadline for submitting a Rejoinder to the Reply only runs from the time at which defendants have been served with a completely unredacted Reply to the Statement of defence.: Defendants have the right to defend themselves comprehensively, uniformly and in full knowledge of all the Claimant’s submissions in the Reply to the Statement of…
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LD Paris, July 4, 2024, Decision on the merits in an action for infringement with counterclaim for revocation, UPC_CFI_230/2023
The scope of the dispute brought before the Court is incontestably governed by the principle that the parties define the subject-matter of the dispute, a general principle of law which is reiterated in Art. 76(1) UPCA.: This principle allows the claimant in the main action to exclude certain acts of infringement in order to avoid…
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Court of Appeal, June 21, 2024, Order on request to stay proceedings, UPC_CoA_227/2024
Stay of proceedings following an appeal only in case of a “reasoned request” : If an appeal is lodged against an order rejecting a preliminary objection, the Court of Appeal may stay the proceedings at first instance on a “reasoned request” by a party (R. 21.2 RoP). A statement which lacks any reasons as to…
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Court of Appeal, June 20, 2024, Order on application pursuant to R. 262A RoP, UPC_CoA_234/2024
An order by the Court of First Instance pursuant to R. 262A RoP also applies to the appeal proceedings : A non-appealed order by the Court of First Instance pursuant to R. 262A RoP that restricts access to certain information or evidence to specific persons, unless otherwise stated in the order, continues to apply after…
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LD Düsseldorf, July 3, 2024, judgment on prior use right, award of damages and order to communicate information / lay open books, UPC_CFI_7/2023
Within the framework of Art. 28 UPCA, the user of the claimed technology can only invoke the rights granted to him by the respective national regulations of the respective contracting member states. On this basis, the existence of a right based on prior use of the invention must be substantiated for each of the protected…
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CD Paris, July 2, 2024, order on party’s representation, UPC_CFI_164/2024
The possible violation of the obligation to act as an independent counsellor cannot be asserted by the opposing party, but only by the party for whose benefit such an obligation is placed.: Opposing party has no interest in such a finding as the effectiveness of a party’s right to defence in court shall be protected.…
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CD Paris, July 2, 2024, order on CMS workflows in revocation action, UPC_CFI_484/2023
Whenever certain workflows are provided, parties shall use the correct workflows for lodging documents. : If there is a separate workflow for the Application to amend the patent, the party should use this workflow instead of filing the Application in the same submission as the Statement of Defense. This makes the CMS more transparent and…
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LD Duesseldorf, June 20, 2024, Order of the Court of First Instance, UPC_CFI_459/2023
Order to jointly hear both the infringement action and the counterclaim for revocation pursuant to Article 33(3)(a) UPCA for reasons of efficiency: Pursuant to Art. 33(3) UPCA, the LD can exercise its discretion when deciding to hear both the infringement action and the counterclaim for revocation (Art. 33(3)(a) UPCA) or to refer the counterclaim for…
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LD Mannheim, June 27, 2024, indicative decision, UPC_CFI_ 210/2023
Arguments on claim construction to be made with the Statement of Claim: According to R. 13(1)(n) RoP in cases of technically complex subject-matters, the Statement of Claim must already contain the claim construction if the patent in suit is not readily understandable on its own. In case the plaintiff does not comply, further legal issues…
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