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  • LD, The Hague, February 13, 2024, Order, UPC_CFI_239/2023LD

    Each party must bear its own legal costs until a final decision and cost order is made: Even if both parties are start-ups or SMEs, both parties have a limited cash-flow, are competitors of each other and the claimant has limited financial capacities, each party must bear its own legal costs until a final decision…

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  • Court of Appeal, February 8, 2024, order on representation for file inspection, UPC_CoA_404/2023

    File inspection requires representation by an authorised representative.: A member of the public who requests access to the Register pursuant to R.262.1(b) RoP is a “Party” pursuant to R.8.1 RoP and, thus, must be represented before the UPC by an authorised representative (pursuant to Art. 48 UPCA). This is meaningful, because such request must be…

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    LD Dusseldorf, February 14, 2024, order on confidentiality measures, UPC_CFI_463/2023

    CMS provides for graduated procedure for protection of confidential information : With(in) the R. 262A workflow, the UPC Case Management System (CMS) provides for a step-by-step procedure for the protection of confidential information, comprehensively taking into account the interests of both parties in confidentiality. : Before the unredacted version of a document submitted with an…

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  • CD Paris, February 9, 2024, rejected request for time extension, UPC_CFI_412/2023

    Time extension only in exceptional cases: The power to extend a time limit should only be used with caution and only in justified exceptional cases (see UPC CFI 363/2023 LD Düsseldorf, order of 20 January 2024). A deadline set by the Rules of Procedures may only be extended in case a party alleges and gives…

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  • 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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