UPC Decisions
- Brussels Local Division
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CoA, March 21, 2024, order, UPC_CoA_486/2023
An appeal against a decision of the judge rapporteur can be admissible if it is the subject of the appeal whether the judge rapporteur was entitled to issue the decision under appeal.: R 220.3 RoP provides for the admission of an appeal against an order issued by a panel. However, the order under appeal was…
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LD Paris, March 26, 2024, Procedural Order, UPC_CFI_397/2023
Waiver of Rule 262A RoP: Even though Rule 262A RoP provides that the confidentiality club shall include at least one natural person from each party, the Court considers that it is possible for the parties to exclude access by a natural person by mutual agreement, provided that the principle of a fair trial is not…
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LD Duesseldorf, March 27, 2024, Procedural Order, UPC_CFI_355/2023
Protection of confidential information requires balancing of interests: When deciding an application to grant protection for the allegedly confidential information, the court has to weigh the right of a party to have unlimited access to the documents contained in the file, which guarantees its fundamental right to be heard, against the interest of the opposing…
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CoA Luxemburg, April 3, 2024, UPC_CoA_433/2023 etc.
Rectification of the name of the defendant allowable in principle.: If the claimant has not correctly named the defendant in the statement initiating the proceedings, the Court may allow the claimant to rectify the error so long as the defendant is not unreasonably prejudiced by the incorrect statement of name and its rectification. In particular,…
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LD Dusseldorf, March 22, 2024, procedural order, UPC_CFI_463/2023
Simultanous interpretation in both directions is available for representatives who do not speak the language of the procedure.: Simultanous interpretation is available to the extent deemed appropriate (Art. 51.2 UPCA). Representatives whose language skills suffice to plead in the procedural language may not use simultanous interpretation. No prior request for simultanous interpretation needs to be…
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CD Paris, February 27, 2024, late-filed amendments to the patent (rejected), UPC_CFI_255-2023CD
Alignment of defenses in different proceedings: In a case in which the patent proprietor applied to amend the patent in due time (that is, within the time period for lodging the defence to revocation) and then requested a change of this original application within his next deadline (rejoinder to the reply to the defence and…
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LD The Hague, 4 March 2024, Order on confidentiality regarding financial information, UPC_CFI_239/2023
Limitation to “attorneys eyes only” possible under R. 262A RoP on protection of confidential information: Claimants applied for a confidentiality order (R. 262A RoP) regarding financial information which did not relate to the main action but to Defendant’s request for security for costs (R. 158 RoP). The LD The Hague decided that access to confidential…
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LD Duesseldorf, 26 February 2024, procedural order on language of proceedings, UPC_CoA_335/2023
Applications on change of language require substantiated reasons: The Applicant requested for a change of language from German into English (Art. 49(5) UPCA, R. 322 RoP). It argued that both parties were English speaking companies, that it was an SME and translation costs would be disproportionately disadvantageous for it. Also, this would enable the CoA…
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CoA Luxembourg, 26 February 2024, procedural order on application to stay, UPC_CoA_3352023
No stay of proceedings if party was declared insolvent after the oral hearing had concluded and the legal dispute was ready for a decision, R. 311.1 RoP, Art. 41 (3) UPCA: A court shall stay the proceedings if a party is declared insolvent, R.311.1. However, the Rules must be interpreted in accordance with Art. 41(3)…
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CD Munich, 27 February 2024, order to combine cases in revocation actions, UPC_CFI_1/2023, UPC_CFI_14/2023
Counterclaim for revocation can be combined with central revocation action against the same patent upon request by the parties: The parties agreed that the counterclaim for revocation pending at LD Munich should be dealt with together with an earlier filed and considerably further advanced central revocation action pending at the CD. The LD Munich thus…
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LD Munich, 18 January 2024, Order of court of first instance, UPC_CFI_9/2023
Admissibility of extending the action by including claims from a further patent-in-suit after terminated limitation proceedings: The requirements for an extension of the complaint by including claims from a further patent-in-suit are exclusively subject to Rule 263 RoP and not to national provisions. In the present case the plaintiff waited for the outcome of the…
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CD Munich, 31 January 2024, Order 103 RoP / 105.5 RoP, UPC_CFI_252/2024
Admissibility of auxiliary requests: Claimant requested to limit the submission of auxiliary requests for the further course of proceedings. The court does not see a legal basis for pre-emptively and categorially ruling out the submission of any further auxiliary requests. Nor does the Court see any legal basis to order the Defendant to make the…
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Luxembourg Court of Appeal, 18 January 2024, Order of Court of Appeal, UPC_CoA_4/2024
Orders given pursuant to Rules 360, 361 and 362 RoP: Under Rule 363.2 of the Rules of Procedure, orders given pursuant to Rules 360, 361 and 362 of the Rules of Procedure are final decisions within the meaning of Rule 220.1(a) of the Rules of Procedure. An order pursuant to Rule 360 of the Rules…
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LD Düsseldorf, February 23, 2024, secrecy protection order, UPC_CFI_463/2023
The requirement to be heard prior to issuing a secrecy protection order according to R. 262A RoP applies only to the final secrecy order and access restriction: In the interest of effective secrecy protection, access can be further restricted until a final order is issued, namely to the representative of the plaintiff In consideration of…
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LD Düsseldorf, February 23, 2024, procedural order, UPC_CFI_463/2023
Postponement of the start of a deadline until conclusion of secrecy protection proceedings according to R. 262A RoP is not compatible with the urgent nature of proceedings for provisional measures: As made clear in procedural order ORD_8568/2024, none of the deadlines in such proceedings for provisional measures can be extended in view of the timely…
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LD Paris, February 12, 2024, procedural order re. alternative method of service, UPC_CFI_495/2023
Requirements for alternative methods of service: If digital tracking provided by the post office shows that delivery of the Statement of claim (SoC) initiated by the Court could not be carried out, alternative methods of service are possible, R. 275.1 RoP. In the present case, Claimant subsequently suggested three methods of service that appeared to…
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LD The Hague, 17 January 2024, Procedural order of court of first instance, UPC_CFI_239/2023
Calculation and extension of deadline to file defence to Counterclaim for revocation: The Defence to the Counterclaim for revocation and any Application to amend the patent pursuant to Rule 30 RoP must be filed within two months of service of a Statement of defence containing a Counterclaim for revocation. The separate official service of the…
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