UPC Decisions
- Brussels Local Division
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- 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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LD Hamburg, 3 November 2023, order on confidentiality and access restriction, UPC_CFI_54/2023
Requirements for protection of confidential information: The applicant does not have to prove to the full conviction of the court that the confidential information for which protection is requested are trade secrets. It is sufficient if the court considers it predominantly probable that the information are trade secrets. Confidential information that was already submitted to…
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LD Munich, 3 November 2023, order on language of the proceedings, UPC_CFI_14/2023
Change of language of the proceedings: An infringement action was filed in German before the LD Munich. Before the statement of defense was filed, the Defendant suggested a change of the language of the proceedings to English, which is the language of the granted European Patent. The judge-rapporteur proposed to change the language of the…
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Tips and advice directly from our Unitary Patents professionals.
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CD Paris, 13 November 2023, order on preliminary objection, UPC_CFI_255/2023
Scope of Article 33 (4) UPCA: same parties: Art. 33(4) UPCA concerns, inter alia, the jurisdiction for revocation actions. If an action for infringement between the “same parties” relating to the same patent has been brought before a local or a regional division, revocation actions may only be brought before the same local or regional…
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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…
4 min Reading time→
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