UPC Decisions
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LD Milan – Order of September 25, 2023 – UPC_CFI_286/2023 and UPC_CFI_287/2023
Ex-parte request for preserving of evidence and inspection allowable if requirements under Art. 60 UPCA, Rule 192.2 RoP, and Rule 194.2 RoP are fullfilled / sufficiently substantiated : Milan Local Division has competence pursuant to Art. 32.1 (c), 33.1 (b), and 60.1 UPCA. The following points were assessed by the LD: Fulfilment of the provisions…
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LD Munich, 19 September 2023, decision and orders on preliminary measures, UPC_CFI_2/2023
Rule 206 RoP only defines formal requirements: The requirements of Rule 206 RoP only need to be formally presented. If any requirement is missing materially, this does not lead to inadmissibility of the request for provisional measures. The material assessement is governed by Rule 211.2 RoP. Rule 206.2(e) RoP does not apply to requests for…
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LD Vienna, 13 September 2023, order on request for preliminary measures, UPC_CFI_182/2023
PI request is an “action” pursuant to Rule 5.6 RoP: An application for a provisional measure or an injunction is an “action” pursuant to Rules 5 and 5A of the Rules of Procedure (RoP) of the Unified Patent Court. This follows, in particular, from the wording of Art. 32(1) (c) UPCA, which uses the term…
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LD Milan, Decision of September 11, 2023, UPC_CFI_57/2023
No decision on costs if parties agree to waiver of action and do not seek cost reimbursement: If Defendant agrees to a withdrawal of an action under Rule 265 RoP and does not seek reimbursement of costs, no decision on litigation costs is necessary since under Rule 151 RoP, such an order is issued only…
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Nordic-Baltic Regional Division, 8 September 2023, UPC_ CFI_11/2023
If an infringement action is withdrawn before the Statement of Claim is served on defendants, this is a withdrawal before the closure of the written procedure in the meaning of R. 370.9 RoP. Consequently, 60% of the court fees will regularly be reimbursed upon reasoned application.: Interestingly, the Regional Division did not comment on how…
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LD Munich, 29 August 2023, Procedural order on effective service of Statement of Claim in case of subsequently filed exhibits, UPC_CFI_14/2023
Effective Filing and Service of Statement of Claim, R. 13 RoP: A Statement of Claim can be filed and served on the defendant effectively in accordance with R. 13 RoP if the exhibits are announced to merely be filed subsequently. Exhibits have not yet been “relied on” or “referred to” as evidence within the meaning…
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LD Munich, 28 August 2023, procedural order, UPC_CFI_249/2023
Application of Rules 109.3 RoP and 112.3.(c) RoP: LD Munich ordered that simultaneous interpretation into English shall be provided for the panel during oral hearing and that the simultaneous translator is involved by videoconference. Division Local Division Munich UPC number UPC_CFI_249/2023 Type of proceedings Request for provisional measures – Procedural Order Parties Applicant: Edwards Lifesciences…
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CD Munich, 24 August 2023, order rejecting a preliminary objection of the court of first instance of the Unified Patent Court, UPC_CFI 1/2023
Action brought at date and time (hours, minutes, seconds) of filing: The actual date (year, month, day) and time (hours, minutes, seconds) of filing an action is decisive for the question of when an action has been brought in the meaning of Art. 33.4 UPCA. Hard-copy filings (R. 4.2 RoP) in first instance not only…
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LD Munich, 23 August 2023, final decision on request for extension of deadline, UPC_CFI_15/2023
Extension of time limit for preliminary objection (R. 19 RoP): An intended harmonization of the time limit regime as such does not constitute a reason for extending the time limit that runs for the party to which was successfully served at an earlier point in time. Rather, an alignment can also be achieved by shortening…
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LD Hamburg, 22 August 2023, order declining request for extension of time period, UPC_CFI_54/2023
Coordination with suppliers located outside of Europe is no sufficient reason for an extension of time period for statement of defense: The RoP provides for a balanced timing regime. With a three-month time period for filing the statement of defense, the RoP already provides for the longest time period of the timing regime. This time…
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LD Munich, 16 August 2023, procedural order on CMS workflows, UPC_CFI_14/2023
Different workflows can be attributed to one action, and requests should be made in the appropriate workflow – if no appropriate workflow exists, a new workflow should be opened: In the present case, requests to extend or shorten the deadline to submit the statement of defense had been made by the Parties in different, existing…
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LD Munich, 10 August 2023, final decision on request for extension of deadline, UPC_CFI_15/2023
Extension of time limit for preliminary objection (R. 19 RoP): In case of more than one defendant, the Rules of Procedure do not require an alignment of the time limit for preliminary objection for the different parties. Usage of case management system at early stage of UPC : Working with the new procedural law and…
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LD The Hague, 2 August 2023, order on R.13(q) RoP request, UPC_CFI_239/2023
Translations of documents not required without relevant interests of the parties : The translation of English-language documents into the language of the proceedings is not necessary without interest of the other party in such translations. Division Local Division The Hague UPC number UPC_CFI_239/2023 Type of proceedings Rule 13(q) RoP request Parties Claimants:Plant-e Knowledge B.V.Plant-e B.V.…
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LD Munich, 17 July 2023, order re. separation of the proceedings, UPC_CFI 14_2023
Proceedings against various defendants can be separated, if service on one defendant takes longer than service on the other defendants.: One of four defendants refused electronic service, while the other three defendants accepted electronic service. The Reporting Judge indicated that the consequence of later service on the last defendant could significantly delay the proceedings and…
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LD Munich, 17 July 2023, procedural order, UPC_CFI_14/2023
Separation of proceedings: missing service by email outside the Contracting Member States: An infringement action was filed based on European Patent EP 3 666 797 against Defendants 1-4. Service on Defendants 1 to 3 could already be effected by email on July 11, 2023. However, as service on Defendant 4 was not possible by email…
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LD Düsseldorf, 30 June 2023, Order on provisional measures – request for correction of the order, UPC_CFI_177/2023
Application of R. 353 RoP: A country in which the patent is in force and which was not mentioned in the request by mistake or accident cannot subsequently be included in the order within the scope of the correction of the order due to a typing or calculation error or an obvious incorrectness according to…
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LD Munich, 23 June 2023, procedural order, UPC_CFI_17/2023
Application of Rule 209.1(a) RoP: LD Munich informed the Respondents about the Application for provisional measures and invited them to lodge, within a time period to be specified, an Objection to the Application for provisional measures. LD Munich also set the deadlines for the Applicants to respond to the reply of the Defendants as well…
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