Institutions: Central Division
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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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CD Paris, December 18, 2024, decision in revocation action, UPC_CFI_454/2023
Standstill provisions do not impact UPC’s jurisdiction: Even if a standstill provision requiring pre-suit notification is breached, this does not affect the Court’s jurisdiction or the admissibility of the action. The Court emphasized that access to justice is a fundamental right (Art. 47 of the Charter of Fundamental Rights of the EU), but that such…
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CD Munich, December 17, 2024, Order, UPC 252/2023
Release of Security for Costs Requires Independent Financial Standing: The UPC held that R. 352.2 RoP also applies to the release of a security for legal costs, even though this is not explicitly mentioned in Rule 158 RoP, which governs the imposition of such securities. The Court ultimately rejected Claimant’s request to release the security…
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CD Paris, November 29, 2024, revocation action, UPC_CFI_307/2023
Common general knowledge: The common general knowledge is information which has been commonly known to the skilled person from written sources or from practical experience in the relevant technical field available at the prior date: it includes knowledge which is directly available from familiar sources of information relating to the specific technical field but does…
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CD Paris, November 27, 2024, Decision concerning the revocation action No. ACT_571565/2023, UPC_CFI_308/2023
Background of the case: The Claimant filed a revocation action against the patent at issue based on a lack of inventive step. On 11 December 2023, the Defendant submitted the defence to revocation including a conditional application to amend the patent based on different amendments and consisting of 35 auxiliary requests, which were later reduced…
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CD Paris, November 5, 2024, Revocation action, UPC_CFI_309/2023
R. 30 (1) (c) RoP does not set out the consequence that all amendments proposed (auxiliary requests) should be dismissed en bloc as not meeting the criterion of being reasonable in number.: Only some of the proposed auxiliary requests may be admitted. The Court can limit a patent by an amendment of the claims and…
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CD Paris, November 5, 2024, Revocation action, UPC_CFI_315/2023
The Court does not evaluate reasons for revocation that the Claimant has not raised.: The Claimant defines the scope of evaluation for a revocation action. If a party, in its first submission, raises an argument and the other party takes issue with this argument in reply, the party may further substantiate its initial argument in…
5 min Reading time→
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