UPC Decisions
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CoA, April 10, 2024, public access to the register, UPC_CoA_404/2023
Art. 9(1) UPCA – no technically qualified judges required: Art. 9(1) UPCA must be interpreted such that if the subject matter of the appeal proceedings is of a non-technical nature only, and there are no technical issues at stake, the Court of Appeal may decide the matter without the need to assign two technically qualified…
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CoA, April 11, 2024, request for a decision by default, UPC_CoA_79/2024
Time period for filing a statement of appeal under R.220.2 RoP: If an appeal is lodged under R.220.2 RoP and leave is granted in the impugned order itself, the statement of appeal must be lodged within 15 days of service of that order containing the decision to grant leave (R.224.1(b) RoP). If the decision to…
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Tips and advice directly from our Unitary Patents professionals.
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CD Paris, Preliminary objection of a revocation action, May 2, 2024, UPC_CFI-484/2023
The UPC has jurisdiction for the central revocation action even if a prior national revocation action is pending: The asserted patent is only validated in Germany. In 2021, Nokia Solutions and Networks GmbH & Co. KG filed a national revocation action with the German Federal Patent Court (GFPC) against the proprietor (Mala Technologies), which was…
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LD Milan, 6 June 2024, Procedural Order of the Court of First Instance, UPC_CFI_241/2023
Request for information regarding distribution channels: Showing a product at a trade fair in the territory covered by the patent does not automatically create evidence of market entry – burden of proof is with the claimant. A claimant’s request for declaration of defendant’s chain of sale/resale is not justified in case that defendant confirms that…
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LD Mannheim, 13 June 2024, Order of the Court of first instance, UPC_CFI_219/2023
Extension of time limit (only) for response to redacted FRAND submission: Claimant filed its reply brief with heavy redactions re. the FRAND part. Hence, upon Defendant’s request the deadline for filing its rejoinder brief was extended as it relates to these redactions. However, as the parts re. infringement and validity of the patent were not…
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LD Munich, 12 June 2024, Order of the Court of first instance, UPC_CFI_54/2024
Change of language of proceedings upon (unobjected) request: In the absence of an objection from the opposing party, the language of the proceedings shall be changed from German to English, i.e. the language in which the patent at issue has been granted. There was no request that existing pleadings and other documents should be translated.…
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LD Hamburg, 4 June 2024, Procedural Order of the Court of First Instance, UPC_CFI_54/2023
In relation to the proprietor of a European patent there is a rebuttable presumption pursuant to R. 5(a) and (c) that the person shown in the patent register is the actual proprietor of the patent: Nevertheless, the person shown in the register can be ordered to produce evidence according to R. 190 RoP in order…
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Court of Appeal, 4 June 2024, Order of the Court of Appeal, UPC_CoA_79/2024
Art. 83(3) UPCA must be interpreted such that a valid opt out application requires that it is lodged by or on behalf of all proprietors of all national parts of a European patent: According to R.5.1(b) RoP an opt-out must be made in relation to all national parts of an EP patent. In addition, …
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CoA Luxembourg, June 4, 2024, order on withdrawal of appeal, UPC_CoA_183/2024
Applicable rule for the withdrawal of an appeal: R. 265 RoP, which has a broad scope: R. 265 RoP is primarily drafted with a view to comprehensive withdrawals of whole actions. It does neither distinguish between the first instance and the appeal proceedings nor between procedural appeal and appeals in substance. It does also not…
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CoA Luxembourg, June 4, 2024, order on withdrawal of appeal, UPC_CoA_205/2024
Applicable rule for the withdrawal of an appeal: R. 265 RoP, which has a broad scope: R. 265 RoP is primarily drafted with a view to comprehensive withdrawals of whole actions. It does neither distinguish between the first instance and the appeal proceedings nor between procedural appeal and appeals in substance. It does also not…
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LD Munich, May 27, 2024, Order on request to extend and to shorten a deadline, UPC_CFI_498/2023
It is a reason for a term extension if wrong exhibits to which reference is made in the Statement of claim have been made available via the CMS: According to case law of the Court of Appeals (UPC-CoA_320/2023; APFL_572929/2023) it is sufficient for an extension of the terms for lodging the Statement of Defense, if…
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CoA, May 28, 2024, Order, UPC_CoA_22/2024
Regularly proceedings must be conducted in a way, which will allow the final oral hearing at first instace to take place within one year. As a general principle, the Court will not stay proceedings: Art. 33.10 UPCA and R. 295.a RoP must be applied and interpreted in accordance with the fundamental right to an effective…
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LD Dusseldorf, May 30, 2024, order pursuant R. 323 RoP, UPC_CFI_26/2024
In infringement proceedings, the position of the defendant requesting the language of the proceedings to be changed into the language of the patent is decisive, if in the overall assessment the result of the balancing of interest is the same: Art. 49.5 UPCA must be interpreted in such a way that the decision on whether…
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LD Paris, May 21, 2024, order concerning security for legal costs, UPC_CFI_495/2023
Claimant’s financial situation is decisive when deciding on security for legal costs: The criterion of the Claimant’s financial situation is decisive for the Court when it has to decide whether or not to order a security for the legal costs. The Applicants (Defendants in the main proceedings) submitted that there are no public records about…
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Court of Appeal, May 22, 2024, order concerning an expedition request, UPC_CoA_218/2024 et al.
Requirements for request for expedition of proceedings pursuant to R.9.3 RoP : A request to expedite appeal proceedings, namely a request to shorten any deadlines where possible pursuant to R. 225(e), R.9.3 RoP, requires the Applicant (here: Volkswagen AG) to explain that and why it would have a particular interest in the concerned brief (here:…
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LD Milan, May 14, 2024, Procedural Order, UPC_CFI_241/2023
The parties must submit a summary of the topics to be dealt with during the interim conference prior to the interim conference: The parties must inform the Court in advance of the interim conference which persons will participate in the interim conference: With exception of confidential information, the interim conference is open to the public:…
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LD Hamburg, May 14, 2024, order, UPC_CFI_151/2024
Security for costs in the proceedings for provisional measures: Art. 69.4 UPCA explicitly refers to proceedings for the application of provisional measures pursuant to Art. 62 UPCA. R. 158 RoP is thus also applicable in the proceedings for provisional measures. The request for a security for costs is in line with the EU law and…
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