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UPC Decisions

  • LD Düsseldorf, 30 June 2023, Order on provisional measures – request for correction of the order, UPC_CFI_177/2023

    Application of R. 353 RoP: A country in which the patent is in force and which was not mentioned in the request by mistake or accident cannot subsequently be included in the order within the scope of the correction of the order due to a typing or calculation error or an obvious incorrectness according to…

    2 min Reading time
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  • LD Munich, 23 June 2023, procedural order, UPC_CFI_17/2023

    Application of Rule 209.1(a) RoP: LD Munich informed the Respondents about the Application for provisional measures and invited them to lodge, within a time period to be specified, an Objection to the Application for provisional measures. LD Munich also set the deadlines for the Applicants to respond to the reply of the Defendants as well…

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  • LD Düsseldorf, 22 June 2023, order of provisional measures, UPC_CFI_177/2023

    Provisional measures do not require a “battle-tested” patent: Provisional measures under Art. 62 UPCA do not require a patent for which validity as been previously confirmed in opposition proceedings or national nullity proceedings. The fact that the asserted patent was granted and no opposition or nullity action was filed provides sufficient basis for the validity…

    3 min Reading time
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  • LD Milan, 13 June 2023, decision, UPC_CFI_141/2023

    This is a parallel application filed by the same party against another party during the trade fair ITMA: For details, see the post https://upc.law/?post_type=decisions&p=3120 Division Local Division Milan UPC case number UPC_CFI_141/2023 Order reference ORD_500982/2023 Type of proceedings Application for preserving evidence Parties Claimant: OERLIKON TEXTILE GMBH & CO KG Defendant: BHAGAT GROUP Patent EP2145848…

    1 min Reading time
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  • LD Milan, 13 June 13 2023, decision, UPC_CFI_127/2023

    : The conditions referred to in Rule 197.1 RoP and Article 60(5) UPCA, for the granting of the measure without the prior hearing of the defendant, are: The tight deadlines do not allow the parties to be convened before the end of the fair tomorrow; There is a risk that the evidence will no longer…

    4 min Reading time
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  • LD Milan, 13 June 2023, order by the standing judge, UPC_CFI_127/2023

    Extreme urgency not found by standing judge, and proceedings forwarded to the presiding judge: By virtue of Rule194.4 RoP, the standing judge, appointed in accordance with Rule 345.5 RoP, in cases of extreme urgency may decide immediately on an application to preserve evidence and on the procedure to be followed. In the case at hand,…

    2 min Reading time
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