UPC Decisions
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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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LD Munich, 5 December 2023, order of the court of first instance of the UPC, UPC_CFI_2/2023, ACT_459746/2023, App_577241/2023
Penalty payment does not require a further court order: In the event of violations of orders under Art. 62 UPCA, a penalty payment may be imposed without a further court enforcement order in accordance with Art. 82 (4) UPC The requirements for the imposition of penalty payments are exhaustively regulated in Art. 82 para. 4…
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LD Mannheim, 8 September 2023, procedural order re. alternative method of service, UPC_CFI_219/2023
Mandatory requirement of R. 275.2 RoP is a previous attempt to effect service in accordance with R. 270 to 274 RoP : R. 270 to 274 RoP do not provide for the possibility of service at a place of business within the Contracting Member States for defendants having their seat outside thereof; R. 271.5 RoP…
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CoA Luxembourg, 11 January 2024, order concerning request for discretionary review, UPC_CoA_486/2023
Nature of “notice” pursuant to R. 20.2 RoP to be determined.: It remains to be determined whether this “notice” is a decision / order. Competence concerning application to review pursuant to R. 333.1 RoP to be determined.: It remains to be determined whether the judge rapporteur or the panel is competent. Exceptionally, a request for…
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LD Munich, 11 December 2023, order of the court of first instance of the UPC, UPC_CFI_9/2023
A notification by the judge-rapporteur under Rule 20.2 RoP that a preliminary objection is to be dealt in the main proceedings cannot be challenged on appeal, nor can it be made the subject of a review by the panel pursuant to Rule 333.1 RoP.: The judge-rapporteur and not the panel shall decide on inadmissible applications…
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LD Munich, 11 December 2023, order of the court of first instance of the UPC, UPC_CFI_9/2023, ACT_459771/2023
Possibility for parties to comment on separation of subject matter of extension of complaint due to procedural reasons.: Division Local Division Munich UPC number UPC_CFI_9/2023, ACT_459771/2023 Type of proceedings Action for infringement Parties Huawei Technologies Co. Ltd (Plaintiff)NETGEAR Deutschland GmbH, Netgear Inc. and Netgear International Limited (Defendants) Patent(s) EP3611989 and EP3678321 Body of legislation /…
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LD Munich, 20 December 2023, order of court of first instance of the UPC, UPC_CFI_292/2023
The original version of a claim of an European patent and any amendments made thereto during the grant proceedings can be used as aid for interpreting the claim. : In principle, a party unsuccessfully applying for provisional measures has to bear the costs incurred by the other party for filing a protective letter.: Division Local…
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LD Düsseldorf, 14 December 2023, order of court of first instance of the UPC, UPC_CFI_201/2023
which must be included in the Statement of defence (see R. 25.1 RoP).: Accordion paragraph Division Local Division Düsseldorf UPC number UPC_CFI_201/2023 Type of proceedings Action for infringement Parties N.V. Nutricia (Plaintiff)Nestlé Health Science (Deutschland) GmbH (Defendant) Patent(s) EP 2 359 858 Body of legislation / Rules Rule 29.1 RoP Rule 25.1 RoP Rule 271.6…
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Court of Appeal, 11 December 2023, order of the court of appeal of the UPC, UPC_CoA_404/2023, App_584498/2023
Procedural Court order allowing the parties to comment on several procedural aspects, in particular whether Rule 8 RoP applies.: Court Court of Appeal UPC number UPC_CoA_404/2023 Type of proceedings Appeal infringement proceedings Parties Ocado Innovation Limited (Plaintiff) and (1) Autostore AS(2) Autostore Sp. z o.o.(3) Autostore System AB(4) Autostore S.A.S.(5) Autostore System GmbH(6) Autostore System…
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LD Düsseldorf, 4 December 2023, court order on separation of proceedings, UPC_CFI_363/2023
A separation of proceedings according to R. 302.1 RoP is sensible and appropriate when dealing with a plurality of patents.: The two patents-in-suit may be attacked in respective nullity proceedings which may result in differing timelines of the proceedings. A separation of proceedings should therefore be ordered at an early stage. There is no need…
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LD Munich, 4 December 2023, order of the court of first instance of the UPC, UPC_CFI_213/2023, 220/2023, 224/2023
The determination of the date of service of the complaint and the grant of an extension of the deadline for the statement of defense in agreement with parties is possible.: Division Local Division Munich UPC number UPC_CFI_213/2023, 220/2023, 224/2023 Type of proceedings Action for infringement Parties Panasonic Holdings Corporation (Plaintiff) and 1 Xiaomi Inc.2 Beijing…
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CoA Luxembourg, 20 December 2023, UPC_CoA_478/2023, App_594342/2023
In proceedings before the Court of Appeal, which do not involve technical issues, the Court of Appeal can decide without technically qualified judges: In an appeal against an order pursuant to R.323 RoP (language of the proceedings) a request by the Appellant applied for on the last day of the time periods under R. 224.1(b)…
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LD Munich, 11 December 2023, order of the court of first instance of the UPC, UPC_CFI_9/2023, ACT_459771/2023, App_587438/2023
the termination of limitation proceedings for such patent is admissible.: Rule 263 RoP allows the amendment of a pending case under certain conditions. In this case, the Plaintiff extended the pending complaint by asserting claims from a further patent, after the limitation proceedings for this patent were concluded. The court found this extension to be…
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