Key takeaways
Representation (Art. 48(1) or (2) UPCA)
✓
A UPC representative with extensive administrative and financial powers within a legal entity cannot validly represent that entity before the UPC.
The representative must be sufficiently independent to ensure fair representation in patent law matters.
Remediable defect (Rule 361 RoP)
✓
Lack of valid representation renders pleadings void but is a remediable defect.
The Court grants a period of 30 days to appoint a new representative to remedy the defect.
Suspension of deadlines
✓
Procedural deadlines are suspended during the period granted for appointing a new representative.
Division
Central Division Paris
UPC number
UPC_CFI_164/2024
Type of proceedings
Infringement Action
Parties
Suinno Mobile & AI Technologies Licensing Oy
vs.
Microsoft Corporation
Patent(s)
EP 2 671 173
Jurisdictions
Unified Patent Court
Body of legislation / Rules
Art. 48(1) or (2) UPCA, R. 361 RoP, R. 9 RoP, R. 291(2) RoP, R. 361 RoP
