Home » UPC decisions » Central Division » Paris Central Division » CD Paris, September 16, 2024, decision by default in revocation action, UPC_CFI_412/2023

CD Paris, September 16, 2024, decision by default in revocation action, UPC_CFI_412/2023

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Key takeaways

Pursuant to Rule 355 RoP a decision by default against the defendant may be granted where:

i) the relevant request is submitted by the claimant;

ii) the defendant fails to take a step within the time limit foreseen in the Rules of Procedure or set by the Court, or the party which was duly summoned fails to appear at an oral hearing, or the time limit for the defence to the claim has expired and thus, it is established that the service of the claim was effected in sufficient time to enable the defendant to enter a defence; and

iii) the facts put forward by the claimant justify the remedy sought and the procedural conduct of the defendant does not preclude to give such decision.

Following the conditions set out in Rule 335 RoP, it is at the discretion of the Court whether to issue a decision by default or not. In carrying out this assessment, the Court has to consider that expeditious decisions are one of the aims of the Unified Patent Court Agreement and that the legal framework of the UPC provides the defendant with appropriate tools to provide justification for the default and to appeal the decision where unfavourable.

Division

CD Paris

UPC number

UPC_CFI_412/2023

Type of proceedings

Revocation Action

Parties

Claimant: Bayerische Motoren Werke Aktiengesellschaft

Defendant: ITCiCo Spain S.L.

Patent(s)

EP 2 796 333

Body of legislation / Rules

Rule 355 RoP


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