UPC Decisions
- Brussels Local Division
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LD Duesseldorf, May 14, 2024, Request for leave to change claim, UPC_CFI_457/2023
The concretization of the claims by the claimant is not a mere clarification, but a subsequent unconditional and therefore always admissible limitation/change of the claim within the meaning of R. 263 (3) RoP: According to the wording of the statement of claim, the action was initially directed against all computers and electronic end devices of…
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CoA Luxembourg, May 13, 2024, order on provisional measures, UPC_CoA_1/2024
The CoA confirmed its standards for the claim construction as stated in the order of CoA of February 26, 2024, UPC_CoA_335/2023: The patent claim is not only the starting point but also a decisive basis for determining the scope of protection of the European Patent. The interpretation of a patent claim does not depend solely…
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CD Paris, May 10, 2024, request for simultaneous interpretation, UPC_CFI_367_2023
As long as some of the party’s representatives speak/understand the language of the proceedings, there is no reason for simultaneous interpretation of the oral hearing pursuant to R. 109 (1), (2) sentence 1 RoP, whereby the costs arising from the simultaneous interpretation are procedural costs: It does not matter what language skills a specific representative…
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CD Paris, May 10, 2024, Order re Preliminary objection, UPC_CFI_589997/2023
The violation of a standstill agreement does not constitute grounds for challenging the jurisdiction of the Unified Patent Court: Lack of jurisdiction can occur when a different court or a different body (as an arbitration board) which is part of a different judicial system have the power to address the dispute (‘relative’ lack of jurisdiction)…
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LD Mannheim, May 16, 2024, order re. producing license agreements, UPC_CFI_216/2023
The order to produce license agreements could be inappropriate if the alleged infringer was unwilling to take a license from the beginning: Scope of the order to produce license agreements in view of the SEP holder’s duty of transparency established by the ECJ: In the present case, the claimant already submitted few comparable license agreements.…
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CD Paris, April 25, 2024, Procedural Order, UPC_CFI-361/2023
Key Takeaways Neither a Preliminary Objection nor the likelihood of an appeal against its rejection are relevant factors for the stay of the proceedings : Neither the fact that a Preliminary Objection has been lodged nor the likelihood of success of the appeal against the rejection of the Preliminary Objection are relevantfactors for deciding whether…
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CoA Luxembourg, April 26, 2024, UPC_CoA_500/2023
Time period for lodging an appeal can be extended in case of an excusable error: It is true that the time period for lodging an appeal is a mandatory time limit that cannot be extended (see R. 9.4 RoP) However, an excusable error can, in exceptional circumstances, justify a derogation from that rule. That is…
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LD Duesseldorf, April 30, 2024, Order on provisional measures, UPC_CFI_463/2023
Rebuttable presumption that the person registered as the patent proprietor is entitled to be registered pursuant to R. 8.5 (c) RoP: If in the case of a European patent a person is registered as the patent proprietor in the respective national register, there is a rebuttable presumption that the person recorded in the respective national…
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LD Paris – May 6, 2024 – UPC_CFI_440/2023 – procedural order
An intervener may not develop claims contrary to those of the party it supports, and may not autonomously develop claims and procedural modalities distinct from those offered to the party it supports.: Consequently, an intervener that has not filed a counterclaim for invalidity within the time limit set for the party they support cannot claim…
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LD Milan – May 6, 2024 – UPC_CFI_241/2023 – confidentiality order
Request under Rule 262A RoP for a confidentiality order regarding financial information granted. Attorneys only. : Request under R. 262A RoP by plaintif for a confidentiality order granted regarding financialinformation provided pursuant to court order and pursuant to Rule 104(k) RoP. Access to confidential information is restricted to attorneys only, with the consent of the…
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LD The Hague, May 1, 2024, UPC_CFI_379/2023, Procedural order
Withdrawal of action pursuant to R. 265 RoP and reimbursement of court fees: An application to withdraw shall be permitted if the other party consents to the withdrawal. The Court then issues a decision declaring the proceedings closed, resp. the case terminated. The decision includes a decision on costs and the decision will be published…
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Court of Appeal – Luxembourg (LU), May 2, 2024, Order re application for suspensive effect, UPC_CoA_177/2024
According to Article 74(1) UPCA, the appeal has no suspensive effect unless the Court of Appeal decides otherwise at the motivated request of one of the parties. : The Court of Appeal can grant the application only if the circumstances of the case justify an exception to the principle that the appeal has no suspensive…
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LD Mannheim, April 30, 2024, Order re producing license agreements, UPC_CFI_ 218/2023, UPC_CFI_ 219/2023, UPC_CFI_ 223/2023,
Plaintiff in infringement proceedings can request an order, directed against themselves, to produce an SEP license agreement with a third party. In accordance with the principle of production of evidence (Art. 43 UPCA), the plaintiff must decide for themselves which submissions they wish to make in the proceedings.: In order to demonstrate that FRAND obligations…
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LD Mannheim, May 06, 2024, Order on separation of proceedings, UPC_CFI_ 218/2023, UPC_CFI_219/2023 und UPC_CFI_223/2023
Pursuant to R. 303.2 RoP, the court may order that proceedings initiated in relation to several defendants be heard in separate proceedings if such separation is appropriate and necessary.: If, in proceedings with several defendants, representatives have only been appointed for some of the defendants and the remaining defendants have yet to be served and…
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LD Hamburg, April 18, 2024, Procedural Order, UPC_CFI_169/2024
All service outside the contracting member states is covered by section 2, i.e. Rules 273 and 274 RoP.: If defendants are domiciled outside the territory of the contracting member states of the UPCA and have no statutory seat, central administration or principal place of business nor their own permanent or temporary place of business within…
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Court of Appeal, April 17, 2024, Order, UPC_CoA_101/2024
The decision on a R. 323 RoP (Art. 49(5) UPCA) request to change the language of proceedings into the language of the patent shall be based on all relevant circumstances related to the specific case and the position of the parties. Art. 49(5) UPCA provides that in particular the position of the defendant is to…
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LD Mannheim, April 15, 2024, order pursuant to R. 323 RoP (language of the proceedings), UPC_CFI_410/2023
Change of language of the proceedings into the language in which the patent was granted: The decision whether or not to change the language of the proceedings into the language in which the patent was granted shall be determined with regard to the respective interests at stake that has to be weighted, without it being…
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