UPC Decisions
- Brussels Local Division
- Central Division
- Duesseldorf Local Division
- Hamburg Local Division
- Helsinki Local Division
- Lisbon Local Division
- 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
-
LD Paris, 24 January 2024, procedural order, UPC_CFI_230/2023
Review Procedure comes before Appeal Process: Case management decisions must first be reviewed by the panel under Rule 333 RoP before they can be appealed under Rule 220 RoP (cf. UPC Court of Appeal (n°486/2023, §6). Consequently, if the review under Rule 333 RoP of a confidentiality order is still pending, a request for leave…
2 min Reading time→ -
LD Duesseldorf, 25 January 2024, procedural order, UPC_CFI_452/2023
Assessment of validity of the patent in proceedings for provisional measures : In proceedings for provisional measures, the panel must assess, based on the submissions of the parties, whether the validity challenges raise reasonable doubts about the validity of the asserted patent, Article 62(4) of the UPCA in conjunction with Rule 211.2 of the Rules…
2 min Reading time→ -
Contact us personally!
Tips and advice directly from our Unitary Patents professionals.
-
CD Paris, 22 January 2024, order, UPC_CFI_308/2023
Background of the case: The applicant filed a revocation action against the patent at issue. On 27 November 2023, the respondent submitted a defence to revocation which was considered by as incomplete the Registry. Consequently, on 11 December 2023, the respondent requested to correct the detected deficiencies, by logding a corrected statement of defence which…
3 min Reading time→ -
CD Munich, 31 January 2024, order, UPC_CFI_252/2023
Further written submission following the interim conference to deal with a later filed document: Following the exchange of the written pleadings in accordance with Rule 43 RoP, the judge-rapporteur – after having informed the parties of his intention to do so – closed the written procedure pursuant to Rule 58 in connection with Rule 35…
3 min Reading time→ -
LD Düsseldorf, 24 January 2024, procedural order, UPC_CFI_452/2023
CMS workflow for the request under R. 212.3 RoP: In order to ensure that the proceedings run as seamlessly as possible, the CMS provides for a separate workflow for the submission of a request to review in accordance with R. 212.3 RoP. The panel may grant a party the right to re-file a request filed…
2 min Reading time→ -
LD Munich, 23 January 2024, procedural order, UPC_CFI_181/2023
The interim conference can be held as video conference : The recording of the interim conference can be listened to on the premises of the Munich Local Division. Potential orders in the interim conference: Potential orders in the interim conference include the determination of deadlines for further written submissions by the parties, the determination of…
2 min Reading time→ -
LD Duesseldorf, 29 January 2024, UPC_CFI_463/2023
Assessment of validity of the patent in proceedings for provisional measures : In proceedings for provisional measures, the panel must assess, based on the submissions of the parties, whether the validity challenges raise reasonable doubts about the validity of the asserted patent, Article 62(4) of the UPCA in conjunction with Rule 211.2 of the Rules…
3 min Reading time→ -
LD Dusseldorf, January 19, 2024 order on extension of time limits, UPC_CFI_457/2023
Extension of time limits: Insofar as R. 9.3 (a) of the Rules of Procedure grants the possibility of extending the time limit for filing an opposition and a statement of defense, this is only to be used in justified exceptional cases. Such an exceptional case was found here, since of the 15 defendants, most of…
2 min Reading time→ -
CoA, 13 October 2023, order of the court of appeal, UPC_CoA_320/2023
Effective service of the statement of claim does not require that exhibits are included: Only those exhibits that are essential for understanding the subject matter and the cause of action must be served on the defendant together with the statement of claim (and translated if necessary). Rule 270 RoP provides that the Regulation (EU) 2020/1784…
4 min Reading time→ -
LD Hamburg, 27 January 2024, procedural order, UPC_CFI_22/2023
The time period for responding to a counterclaim for revocation and the time period for the reply to the statement of defense should run in parallel: In a case in which the statement of defense includes trade secrets but the counterclaim for revocation does not, and in which access to an unredacted version of the…
2 min Reading time→ -
CD Munich, 24 January 2024, procedural order and information on next steps, UPC_CFI_1/2023
There is no automatic right to reply to a rejoinder: The UPC proceedings are generally front-loaded (e.g., Preamble RoP 7). Therefore, the exchange of written pleadings is normally limited in accordance with Rule 43 RoP. A request for the admission of a brief in response to a rejoinder in the written procedure is not premature…
2 min Reading time→ -
LD Dusseldorf, 20 January 2024, procedural order, UPC_CFI_363/2023
Term extensions are an exception: Insofar as R. 9.3 (a) RoP provides for the possibility of extending time periods, this should only be used with caution and only in justified exceptional cases against the background of the strict time limit regime set out in the Rules, which serves to ensure that proceedings are conducted as…
1 min Reading time→ -
LD Dusseldorf, 16 January 2024, Order of the President of the Court of First Instance, UPC_CFI_373/2023
A defendant seeking a change in the language of the proceedings does not need to wait for the submission of the statement of defense before lodging a motion for a change of the language: R. 321.1 RoP and R. 322 RoP do not preclude the admissibility of an application to use the language in which…
4 min Reading time→ -
CD Munich, 17 November 2023, order, UPC_CFI_80/2023
Protection of trade secrets, personal data, or other confidential information: An application for the protection of confidential information (“Confidential Annex”) under Rule 262A was made by the Claimant concerning an exhibit submitted by the Claimant and relied upon in the context of a request to stay proceedings because of the pending outcome of opposition proceedings…
4 min Reading time→ -
LD Munich, 5 December 2023, order of the court of first instance of the UPC, UPC_CFI_2/2023, ACT_459746/2023, App_577241/2023
Penalty payment does not require a further court order: In the event of violations of orders under Art. 62 UPCA, a penalty payment may be imposed without a further court enforcement order in accordance with Art. 82 (4) UPC The requirements for the imposition of penalty payments are exhaustively regulated in Art. 82 para. 4…
3 min Reading time→ -
LD Mannheim, 8 September 2023, procedural order re. alternative method of service, UPC_CFI_219/2023
Mandatory requirement of R. 275.2 RoP is a previous attempt to effect service in accordance with R. 270 to 274 RoP : R. 270 to 274 RoP do not provide for the possibility of service at a place of business within the Contracting Member States for defendants having their seat outside thereof; R. 271.5 RoP…
2 min Reading time→ -
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…
3 min Reading time→
Stay in the loop
Never miss a beat by subscribing to the email newsletter. Please see our Privacy Policy.