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UPC Decisions

  • LD Hamburg, 25 January 2024, decision, UPC_CFI_559935/2023

    Background: The plaintiff filed a claim for damages subsequent to a German patent infringement case in which the defendant had been found to infringe the German part of EP 1 740 740 B1. The defendant objected to the jurisdiction of the court regarding the damages claim. This objection was allowed by the judge-rapporteur, as per…

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  • LD Paris, 30 January 2024, procedural order (review R.333), UPC_CFI_230/2023

    Amount of fine in the event of a breach of a confidentiality order: The decision relates to a review according to Rule 333 RoP of point 6.) of a confidentiallity order issued by the judge rapporteur on 19 December 2023. It emphasized that while the Paris and Munich orders pertain to the same protected confidential…

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  • LD Munich, 5 February 2024, decision UPC_CFI_498/2023

    Electronic service of the statement of claim: Rule 275 RoP does not permit the court to designate someone as person authorised to accept service, if that person has not notified the Registry or the claimant to be willing to accept service of the statement of claim on behalf of the defendant at an electronic address…

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  • 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…

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  • 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…

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  • 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…

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  • 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…

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  • 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…

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  • 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…

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  • 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…

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  • 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…

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  • 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…

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  • 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…

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    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…

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  • 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…

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  • 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…

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  • 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…

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