UPC Decisions
- Brussels Local Division
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- Hamburg Local Division
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- Local Division
- Luxembourg Court of Appeal
- Mannheim Local Division
- Milan Central Division
- Milan Local Division
- Munich Central Division
- Munich Local Division
- Nordic-Baltic Regional Division
- Paris Central Division
- Paris Local Division
- President of Court of First Instance
- Regional Division
- The Hague Local Division
- Vienna Local Division
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LD The Hague, 15 February 2024, R.9 Order on the Application of Art. 33(3) UPCA, UPC_CFI_239/2023
No bifurcation of infringement action and counterclaim for revocation (as unanimously requested by the parties): A joint hearing of the infringement action and the counterclaim seems to be appropriate in particular for reasons of procedural expediency and avoids the risk of delay that might be involved with bifurcating. It is also preferable because it allows…
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CD Paris, 20 February 2024, Order of the Court of First Instance, UPC_CFI_454/2023
Strict requirements for extensions of deadlines: The Court may extend a deadline set by the Rules of Procedures only in case a party alleges and gives evidence that it will not be able or was not able to meet it because of a fact that makes the submission of a document or the arrangement of…
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LD Munich, 19 February 2024, order of the Court of first instance, UPC_CFI_9/2023
Example of exercise of the case management powers of the court under R. 334 RoP.: A videoconference with the parties can be designated a separate hearing under Rule 334(d) RoP, which does not preclude an interim conference under Rule 35(b) RoP. Division Local Division Munich UPC number UPC_CFI_9/2023 Type of proceedings Infringement Action Parties Claimant:…
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LD Paris, 12 February 2024, procedural order on an application for forced intervention, UPC_CFI_440/2023
A defendant, who has a warranty claim against its supplier, can successfully apply for forced intervention of the supplier under R. 316A.1 RoP: SAS LASER COMPONENTS sougth the forced intervention of PHOTON WAVE Co. Ltd, which it designates as the supplier of the allegedly infringing UV LED chips, claiming that if it were to be…
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LD Mannheim, 14 February 2024, order on production of documents and protection of confidential information, UPC_CFI_210/2023
Order of a confidentiality regime step-by-step from uploading the document to the decision and any requests for access to the file: The regime reflects the interest – typically arising from the provision in license agreements that the contract may only be produced upon a court order – that the respective licence agreement partner shall be…
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Court of Appeal, 15 February 2024, order on fee for the appeal
Applicable court fees if the table of fees does not provide a fee for the specific action: In the absence of a specific fee for a specific case, such a fee is to be charged for the case that is most comparable to the present case according to the table of fees. The table of…
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Court of Appeal, February 26, 2024, order on stay of proceedings after insolvency, UPC_CoA_335/2023
Proceedings are not required to be stayed under Rule 311.1, 1st sentence RoP, if a party is declared insolvent only after the oral proceedings have concluded and the dispute is ready for a decision: This is in accordance with the principles of procedural economy and cost efficiency as well as a fair balance between the…
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LD Düsseldorf, February 26, 2024, order on language of the proceedings, UPC_CFI_463/2023
For a decision according to Art. 49 UPCA it may be sufficient that the initially chosen language is significantly detrimental to the Applicant. A disproportionate disadvantage is not necessary: The decision has to take grounds of fairness and all relevant circumstances into account, Art. 49(5) UPCA. Decisive are the respective interests at stake. Assertions of…
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Court of Appeal, February 22, 2024, order for expedition of the appeal, UPC_CoA_36/2024
If the appellant takes full advantage of the 15-day deadline for lodging the Statement of appeal and the Statement of grounds of appeal pursuant to Rule 224.1(b) and Rule 224.2(b) RoP, a request for expedition of the appeal proceedings by shortening deadlines must be rejected: An expedition would not sufficiently take into account the respondent’s…
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LD Dusseldorf, February 16, 2024, procedural order, UPC_CFI_463/2023
A party has to substantiate why specific persons should receive access to confidential information according to R. 262A RoP: According to R. 262A.6 RoP, the number of persons receiving access to confidential information of the other party shall be no greater than necessary. This does not necessarily include the entire team of lawyers and other…
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LD The Hague, February 15, 2024, procedural order, UPC_CFI_239/2023
1. Decision against bifurcation before closure of written procedure: The Local Division The Hague decided to hear both the infringement action and the counterclaim for revocation (Art. 33(3)(a) UPCA) and not to bifurcate. This desicsion was taken before the closure of the written procedure (R. 37.2 RoP) for practical reasons. The decision was in conformity…
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LD, The Hague, February 13, 2024, Order, UPC_CFI_239/2023LD
Each party must bear its own legal costs until a final decision and cost order is made: Even if both parties are start-ups or SMEs, both parties have a limited cash-flow, are competitors of each other and the claimant has limited financial capacities, each party must bear its own legal costs until a final decision…
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LD Dusseldorf, February 14, 2024, order on confidentiality measures, UPC_CFI_463/2023
CMS provides for graduated procedure for protection of confidential information : With(in) the R. 262A workflow, the UPC Case Management System (CMS) provides for a step-by-step procedure for the protection of confidential information, comprehensively taking into account the interests of both parties in confidentiality. : Before the unredacted version of a document submitted with an…
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CD Paris, February 9, 2024, rejected request for time extension, UPC_CFI_412/2023
Time extension only in exceptional cases: The power to extend a time limit should only be used with caution and only in justified exceptional cases (see UPC CFI 363/2023 LD Düsseldorf, order of 20 January 2024). A deadline set by the Rules of Procedures may only be extended in case a party alleges and gives…
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LD Hamburg, 25 January 2024, decision, UPC_CFI_559935/2023
Background: The plaintiff filed a claim for damages subsequent to a German patent infringement case in which the defendant had been found to infringe the German part of EP 1 740 740 B1. The defendant objected to the jurisdiction of the court regarding the damages claim. This objection was allowed by the judge-rapporteur, as per…
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LD Paris, 30 January 2024, procedural order (review R.333), UPC_CFI_230/2023
Amount of fine in the event of a breach of a confidentiality order: The decision relates to a review according to Rule 333 RoP of point 6.) of a confidentiallity order issued by the judge rapporteur on 19 December 2023. It emphasized that while the Paris and Munich orders pertain to the same protected confidential…
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