UPC Decisions
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CoA Luxembourg, 11 January 2024, order concerning request for discretionary review, UPC_CoA_486/2023
Nature of “notice” pursuant to R. 20.2 RoP to be determined.: It remains to be determined whether this “notice” is a decision / order. Competence concerning application to review pursuant to R. 333.1 RoP to be determined.: It remains to be determined whether the judge rapporteur or the panel is competent. Exceptionally, a request for…
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LD Munich, 11 December 2023, order of the court of first instance of the UPC, UPC_CFI_9/2023
A notification by the judge-rapporteur under Rule 20.2 RoP that a preliminary objection is to be dealt in the main proceedings cannot be challenged on appeal, nor can it be made the subject of a review by the panel pursuant to Rule 333.1 RoP.: The judge-rapporteur and not the panel shall decide on inadmissible applications…
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LD Munich, 11 December 2023, order of the court of first instance of the UPC, UPC_CFI_9/2023, ACT_459771/2023
Possibility for parties to comment on separation of subject matter of extension of complaint due to procedural reasons.: Division Local Division Munich UPC number UPC_CFI_9/2023, ACT_459771/2023 Type of proceedings Action for infringement Parties Huawei Technologies Co. Ltd (Plaintiff)NETGEAR Deutschland GmbH, Netgear Inc. and Netgear International Limited (Defendants) Patent(s) EP3611989 and EP3678321 Body of legislation /…
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LD Munich, 20 December 2023, order of court of first instance of the UPC, UPC_CFI_292/2023
The original version of a claim of an European patent and any amendments made thereto during the grant proceedings can be used as aid for interpreting the claim. : In principle, a party unsuccessfully applying for provisional measures has to bear the costs incurred by the other party for filing a protective letter.: Division Local…
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LD Düsseldorf, 14 December 2023, order of court of first instance of the UPC, UPC_CFI_201/2023
which must be included in the Statement of defence (see R. 25.1 RoP).: Accordion paragraph Division Local Division Düsseldorf UPC number UPC_CFI_201/2023 Type of proceedings Action for infringement Parties N.V. Nutricia (Plaintiff)Nestlé Health Science (Deutschland) GmbH (Defendant) Patent(s) EP 2 359 858 Body of legislation / Rules Rule 29.1 RoP Rule 25.1 RoP Rule 271.6…
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Court of Appeal, 11 December 2023, order of the court of appeal of the UPC, UPC_CoA_404/2023, App_584498/2023
Procedural Court order allowing the parties to comment on several procedural aspects, in particular whether Rule 8 RoP applies.: Court Court of Appeal UPC number UPC_CoA_404/2023 Type of proceedings Appeal infringement proceedings Parties Ocado Innovation Limited (Plaintiff) and (1) Autostore AS(2) Autostore Sp. z o.o.(3) Autostore System AB(4) Autostore S.A.S.(5) Autostore System GmbH(6) Autostore System…
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LD Düsseldorf, 4 December 2023, court order on separation of proceedings, UPC_CFI_363/2023
A separation of proceedings according to R. 302.1 RoP is sensible and appropriate when dealing with a plurality of patents.: The two patents-in-suit may be attacked in respective nullity proceedings which may result in differing timelines of the proceedings. A separation of proceedings should therefore be ordered at an early stage. There is no need…
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LD Munich, 4 December 2023, order of the court of first instance of the UPC, UPC_CFI_213/2023, 220/2023, 224/2023
The determination of the date of service of the complaint and the grant of an extension of the deadline for the statement of defense in agreement with parties is possible.: Division Local Division Munich UPC number UPC_CFI_213/2023, 220/2023, 224/2023 Type of proceedings Action for infringement Parties Panasonic Holdings Corporation (Plaintiff) and 1 Xiaomi Inc.2 Beijing…
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CoA Luxembourg, 20 December 2023, UPC_CoA_478/2023, App_594342/2023
In proceedings before the Court of Appeal, which do not involve technical issues, the Court of Appeal can decide without technically qualified judges: In an appeal against an order pursuant to R.323 RoP (language of the proceedings) a request by the Appellant applied for on the last day of the time periods under R. 224.1(b)…
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LD Munich, 11 December 2023, order of the court of first instance of the UPC, UPC_CFI_9/2023, ACT_459771/2023, App_587438/2023
the termination of limitation proceedings for such patent is admissible.: Rule 263 RoP allows the amendment of a pending case under certain conditions. In this case, the Plaintiff extended the pending complaint by asserting claims from a further patent, after the limitation proceedings for this patent were concluded. The court found this extension to be…
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LD Düsseldorf, 1 December 2023, procedural order of the court of first instance, UPC_CFI_ 7/2023
Procedural order on how to proceed with the action for infringement and the counterclaim for revocation according to Rule 37 RoP : With this decision the LD Düsseldorf applied Rule 37.2 RoP and determined prior to the closure of the written procedure to proceed with both the action for infringement and with the counterclaim for…
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LD Düsseldorf, 22 November 2023, order on joint proceedings of infringement action and counterclaim for revocation, UPC_CFI_260/2023
The decision on how to proceed with the infringement action and the counterclaim for revocation can be made before the conclusion of the written procedure.: Even if the panel is to decide by order on the procedure under Article 33 (3) UPCA as soon as possible after the conclusion of the written procedure pursuant to…
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CD Munich, 20 November 2023, order on request to stay revocation proceedings, UPC_CFI_80/2023
Stay of revocation proceedings in case of parallel opposition proceedings is possible if a relevant decision by the EPO is expected rapidly.: Rule 295(a) RoP states that the court has discretion to stay proceedings pending the outcome of parallel EPO proceedings when a rapid decision is expected. Decision does not mean a final decision after,…
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LD Hamburg, 3 November 2023, order on confidentiality and access restriction, UPC_CFI_54/2023
Requirements for protection of confidential information: The applicant does not have to prove to the full conviction of the court that the confidential information for which protection is requested are trade secrets. It is sufficient if the court considers it predominantly probable that the information are trade secrets. Confidential information that was already submitted to…
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LD Munich, 3 November 2023, order on language of the proceedings, UPC_CFI_14/2023
Change of language of the proceedings: An infringement action was filed in German before the LD Munich. Before the statement of defense was filed, the Defendant suggested a change of the language of the proceedings to English, which is the language of the granted European Patent. The judge-rapporteur proposed to change the language of the…
2 min Reading time→
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