Institutions: Central Division
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CD Paris, July 28, 2025, decision in revocation action, UPC_CFI_239/2024
Claim construction: While terms used in patent documents should be given their normal meaning in the relevant art, the description and the drawings, when considered in the context of document’s contents and not in isolation, may give these terms a different meaning. In the case at hand, the Court affirmed, applying this principle, that according…
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CD Milan, July 22, 2025, decision by default on the revocation action, UPC_CFI_597/2024
Default Judgment on Revocation: Failure to comply with a court order (Rule 158 RoP) for security for costs can result in the dismissal of a revocation action by default (Rule 355.2 RoP), especially when the opposing party requests it. Non-compliance with a legally issued order and a request by a party are prerequisites for a…
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CD Paris, July 16, 2025, order on confidentiality, UPC_CFI_484/2025
Information on litigation costs does not justify confidentiality order vis-à-vis parties (R. 262A), but shall be treated confidential vis-à-vis the public (R. 262.2 RoP). : The information regarding the litigation costs does not concern the main subject matter of the (revocation) proceedings and does not directly influence claimant´s business activities. Defendant has a right to…
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CD Paris, June 9, 2025, order on file inspection, UPC_CFI_309/2023
Access to pleadings and evidence – balancing public access and confidentiality: The order follows the decision of the Court of Appeal in Ocado v Autostore (10 April 2024, UPC_CoA_404/2023, APL_584498/2023, para 43), namely that in a decision on a request under R. 262.1(b) RoP, the interests of a member of the public of obtaining the…
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CD Paris, May 28, 2025, decision in revocation action, UPC_CFI_198/2024
Revocation of European patents can be limited to specific UPC Member States upon request (Art. 34, 76(1) UPCA; Rule 44(d) RoP): The Court confirmed it may revoke a European (bundle) patent only for the national part(s) specified by the claimant, not necessarily for all UPC Member States. This approach respects the adversarial nature of proceedings…
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CD Milan, April 11, 2025, procedural order, UPC_CFI_597/2024
Late-filed prior art is generally inadmissible.: The UPC emphasizes a front-loaded procedural system, generally disallowing the introduction of new prior art after the exchange of written submissions. This approach safeguards procedural fairness and prevents undue delays (Art. 76 UPCA, Rules 171, 172, and 263 RoP). In this case, the claimant’s attempt to introduce a US…
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CD Munich, April 18, 2025, Generic Order, UPC_CFI_526/2024
Reasonable number of auxiliary requests: To ascertain what constitutes a reasonable number of auxiliary requests, several factors are to be considered: the complexity of the technology involved, the number of prior art documents, the individual validity attacks and the presentation and structure of the auxiliary requests. It is not relevant whether there are multiple proceedings…
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CD Paris, March 31, 2025, Order of the Court of First Instance, UPC_CFI_412/2023
Limited Scope of Rectification Under Rule 353 RoP: Rectification under Rule 353 RoP is limited to obvious errors (clerical mistakes, errors in calculation, obvious slips) evident from the decision’s reasoning – in other words, a discrepancy between the judge’s intended decision and its material representation, provided that this can be deduced from a comparison between…
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CD Milan, March 27, 2025, procedural order on application to intervene, UPC_CFI_698/2024
Parallelism between two cases or the allegation that the outcome of a judgment has a directimpact on another does not establish a legal interest to intervention pursuant to RoP 313. : The intervener must demonstrate a direct and present legal interest in the specific outcome sought by the supported party, a mere “guiding effect” on…
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CD Munich, February 28, 2025, Order, UPC_829/2024
Revocation action initiation (R. 42 RoP): The revocation action was initiated by the defendant against the original claimant (Virdia Inc.). Application for substitution of parties (R. 305 RoP): The original claimant (Virdia inc.) applied to substitute the party with the new patent proprietor International N&H Denmark ApS. This is supported by a 2024 patent assignment…
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CD Paris, March 03, 2025, Order, UPC_CFI_164/2024
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…
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CD Paris, January 21, 2025, decision on validity, UPC_CFI_311/2023
A revocation claimant must present all grounds of invalidity with the Statement of Claim: In revocation actions, the claimant is required to specify the grounds of invalidity that allegedly affect the contested patent, as well as prior art documents relied upon to support any allegation of lack of novelty or inventive step in its statement…
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CD Paris, January 17, 2025, decision in first instance on validity, UPC_CFI_316/2023
“Generous standard” with regard to late-filed facts and evidence: While the front-loaded approach of the UPC system requires the parties so submit facts and evidence relied on as early as possible, a generous standard is to be applied with regard to submissions in a Reply to a Statement of Defence. A Claimant is allowed to…
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CD Paris, September 16, 2024, decision by default in revocation action, UPC_CFI_412/2023
Requirements of a decision by default: 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…
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CD Milan, December 23, 2024, procedural order, UPC_CFI_ 380/2024
Criteria for intervention (Rule 313 RoP): An intervener must demonstrate a legally qualified interest, not merely a factual one. This interest must be connected to the legal relationship in litigation and entail potential harm to the intervener’s rights if the original party loses the case. Decision on costs of an application to intervene (Rule 150…
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CD Paris, December 27, 2024, Order concerning an application for additional Security for Costs, Rule 158 RoP, UPC_CFI_164/2024
Modification instead of additional request: Requests for increased security for costs are treated as modifications of existing orders, requiring analysis under Rule 158 RoP. Power to amend orders on security for costs: The UPC can amend orders on security for costs pursuant to Rule 158 RoP if the facts underlying the initial order have changed.…
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CD Paris, December 27, 2024, Application under Rule 333 RoP for review of security for costs, UPC_CFI_164/2024
Incorrect citation of legal provisions is harmless: The Court must consider a motion even if the legal provisions cited are incorrect, provided the correct legal grounds can be identified from the arguments and facts. The same applies if an application refers to an incorrect order. Change in factual circumstances can impact an existing order on…
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