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
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CD Munich, 30 October 2023, order on security for legal costs and other expenses, UPC_CFI_252/2023
The key criterion for the decision on the cost security is the financial situation of the respondent.: The party requesting a security has to bring forward facts and arguments why such security is appropriate in a specific case. The burden of proof of facts generally is on the party relying on those facts (Article 54…
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CD Munich, 21 September 2023, order rejecting Rule 262.1 (b) RoP request, UPC_CFI_75/2023
Access to all written pleadings and evidence requires a concrete, verifiable and legally relevant reason: A request according to Rule 262.1(b) RoP for access to written pleadings and evidence by a member of the public requires a concrete, verifiable and legally relevant reason. The reasons to be provided in the request must pertain to the…
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CD Munich, 20 September 2023, order rejecting Rule 262.1(b) RoP request, UPC_CFI_1/2023
Access to all written pleadings and evidence requires a concrete, verifiable and legally relevant reason: A request according to Rule 262.1(b) RoP for access to written pleadings and evidence by a member of the public requires a concrete, verifiable and legally relevant reason. The wish of a natural person to form an opinion on the…
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CD Munich, 4 October 2023, order in preliminary objection proceedings, UPC_CFI_252/2023
A lis pendens objection may be subject of a preliminary objection.: The international jurisdiction of the UPC, including objections based on Art. 29 and Art. 30 Regulation Brussels Ibis may be the subject of a preliminary objection under Rule 48 in connection with Rule 19.1(a) RoP. In accordance with Art. 31 UPCA, the international jurisdiction…
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LD Hamburg, 27 October 2023, procedural order, UPC_CFI_22/2023
Extension of the deadline for filing a Statement of Defense in the event of delayed submission of exhibits: Upon request, the deadline for filing the Statement of Defense may be extended by the period of time between service of the Complaint without the exhibits and the subsequent submission of the exhibits. Division Local Division Hamburg…
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LD Helsinki, Decision of 20 October 2023, UPC_CFI_214/2023
Withdrawal of opt-out ineffective: dismissal due to lack of jurisdiction: An infringement action and a request for provisional measures were filed based on European Patent EP 3 295 663 (EP’663). The LD Helsinki dismissed both due to lack of jurisdiction of the UPC Courts . EP’663 was opted out on May 12, 2023, and the…
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LD Düsseldorf, 18 October 2023, order of penalty payment, UPC_CFI_177/2023
The amount of a penalty payment shall be determined (i) to take account of the creditor’s interest in the enforcement of the order not complied with by the debtor, and (ii) to deter the debtor from future violations. The penalty payment shall primarily be determined in view of the debtor and its (past) conduct: If…
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LD The Hague, 18 October 2023, order on language of the proceedings, UPC_CFI_239/2023
Change language of proceedings: case-by-case decision, but time-limit to be observed: An infringement action was filed in Dutch before the LD The Hague. The Defendant and Applicant for the request, a small Spanish start-up, requested a change of the language of the proceedings into English which is the language of the granted European Patent. The…
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CD Munich, 11 October 2023, procedural order Rule 9 RoP, UPC_CFI_80/2023
Parties are under an obligation to use the CMS and the dedicated workflows in the CMS to file their submissions: Parties are under an obligation to use the CMS and the dedicated workflows in the CMS to file their submissions (see e.g. Rule 4.1 RoP). It is the sole responsibility of the parties that this…
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CD Munich, 11 October 2023, procedural order Rule 9 RoP, UPC_CFI_75/2023
Parties are under an obligation to use the CMS and the dedicated workflows in the CMS to file their submissions: Parties are under an obligation to use the CMS and the dedicated workflows in the CMS to file their submissions (see e.g. Rule 4.1 RoP). It is the sole responsibility of the parties that this…
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LD Hamburg, 4 October 2023, preliminary order on confidentiality, UPC_CFI_54/2023
For the purpose of effective protection of trade secrets, access may be limited to the party representative until the final order on the limitation of access to confidential information is made.: Even though R. 262A.6 RoP states that, at least, one natural person from each party and the respective lawyers or other representatives of those…
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LD Munich, 29 September 2023, order, UPC_CFI_15/2023
Filing of preliminary objection via an inappropriate workflow: Filing of preliminary objection via an inappropriate workflow is to be rejected as inadmissible (Article 42.2 UPCA). However, due to the early stage of the UPC proceedings and the resulting lack of experience with the UPC and its Rules of Procedure, the preliminary objection in the current…
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LD Munich, 27 September 2023, procedural order, UPC_CFI_5/2023
Requirements of service by an alternative method: Alternative service (R. 275.2 RoP) is also possible if an attempt of service pursuant R. 270 to 274 RoP has not yet been completed. “Attention” can be assumed under R. 275.2 RoP if either a legal relationship exists in which knowledge is attributed or if specific circumstances exist…
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LD Milan, Order of September 27, 2023, UPC_CFI_240/2023
Rule 262.1 RoP requires that an application to access the Register is carried out by a third party – with respect to the parties to the proceedings: A lawyer who requests access to the records and claims to be the defendant’s counsel is not a third party, even if he or she has no power…
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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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