Institutions: Central Division
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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…
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CD Munich, November 4, 2024, Order, UPC 75/2023
Access to unredacted documents granted despite confidentiality request of the Claimant on the basis of R. 262.2 RoP: The Court granted the Applicant access to unredacted documents even though the Claimant argued that the information contained therein was confidential and that disclosure could cause commercial harm. The Court based its decision on Rule 262.6 RoP,…
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CD Munich, October 22, 2024, public access to the register, UPC_CFI_1/2023, UPC_CFI_14/2023
Rule 262.1(b) RoP does not provide a legal basis for making available documents that are not written pleadings or evidence.: The general principle laid down in the UPCA is that the register is public and the proceedings are open to the public, unless the balance of interests involved is such that they are to be…
3 min Reading time→ -
CD Paris, October 14, 2024, order on application pursuant to R.262.1(b) RoP, UPC_CFI_255/2023, CC_584916/2023 and CC_585030/2023
Principle of Public Access Upheld: The court reaffirmed the general principle that the register of the Unified Patent Court and the proceedings before it are open to the public, as stipulated in Art. 10 (1) UPCA and Rule 262.1 (b) RoP, unless the balance of interests involved is such that they are to be kept…
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CD Munich, October 17, 2024, Decision of the Court of First Instance of the Unified Patent Court, UPC_CFI_252/2023
Parallel national action: The Court must examine its international jurisdiction of its own motion when this is required under Union law. Pursuant to Art. 30 of the Brussels I recast Regulation, the UPC may stay proceedings (based on its discretionary power) where a related action is pending in a national court. Admissibility of auxiliary requests:…
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CD Paris, September 27, 2024, Procedural Order on Security of Costs, UPC_CFI_164/2024
50% of ceiling of recoverable costs as security during written proccedings: The Respondent is a limited company which was registered 7 months before the present infringement action was filed and has only one employee besides the managing director. It’s business model is exclusively characterized by the enforcement of patents, namely the patent-in-suit, and asserting corresponding…
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CD Milan, October 1, 2024, Procedural Order, UPC_CFI_380/2024
High threshold for intervention in interim injunction proceedings: The Court rejected the request (here: from Menarini) for intervention, emphasizing that Article 313 RoP permits intervention in interim injunction proceedings only under exceptional circumstances. The mere fact that a third party might be affected by the outcome of the proceedings is not sufficient. Rather, the third…
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CD Paris, September 16, 2024, Order on the need for confidentiality, UPC_CFI_164/2024
This decision highlights the importance of ensuring representatives before the UPC are independent, as required by Article 48(5) UPCA. The court emphasized that representatives cannot be employees or individuals with significant financial ties to the represented party.: In this case, the claimant’s representative’s position as managing director and main shareholder was found to compromise their…
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CD Paris, September 16, 2024, Order on Manifest Inadmissibility, UPC_CFI_164/2024
High threshold for “manifestly inadmissible” under Rule 361 RoP: The Court held that “manifest inadmissibility” must be established prima facie on the basis of simple factual findings. This interpretation promotes procedural efficiency by enabling the quick dismissal of baseless claims while ensuring potentially complex legal issues are addressed at the appropriate stage. In this case,…
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CD Paris, 23 September 2024, Public access to file, UPC_CFI_189/2024
Public access to file – general principles: As found by the Court of Appeal (see order of 10 April 2024, UPC_CoA_404/2023), the general principle laid down in the UPCA is that the register is public and the proceedings are open to the public, unless the balance of interests involved is such that they are to…
4 min Reading time→ -
CD Paris, September 17, 2023, order of the Court of First Instance, UPC_CFI_189/2024
Extension of time period pursuant to R. 9.3(a) RoP in “exceptional cases” : An extension of the time period to file a counterclaim for infringement (R. 49 RoP) can be justified pursuant to R. 9.3(a) RoP if the Defendant provides sufficient evidence that the submission of documents in the CMS was not possible due to…
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CD Paris, August 21, 2024, Order on stay of revocation proceedings, UPC_CFI_230/2024
Stay of revocation action pursuant to Rule 295(m) RoP: An appeal against the denial of provisional measures does generally not justify a stay of revocation proceedings pursuant to Rule 295(m) RoP. Rule 295(m) RoP must be applied and interpreted in accordance with the principle according to which proceedings must be conducted in a way which…
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CD Paris, July 29, 2024, Decision concerning the revocation action No. ACT_555899/2023, UPC_CFI_263/2023
Admissibility of defense with non-attacked claims: The request to amend the patent which concerns both claims challenged by the revocation action and claims not challenged by it is inadmissible (only) with regard to these latter claims. Defense with features from non-attacked claims admissible: In a situation in which the patent is not entirely attacked, the…
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CD Paris, July 30, 2024, order on confidentiality, UPC_CFI_367/2023
Access to cost breakdown for adversary granted: In the context of an interpretation in conformity with European law taking into account Art. 9(2) of Directive (EU) 2016/943, Art. 58 UPCA, must be understood to mean that the circle of persons entitled to access to confidential information must include at least one natural person from each…
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Central Division, Paris Seat, 19 July 2024, Decision of the Court of First Instance, UPC_CFI_255/2023
Concurrent pendency of invalidity proceedings before different divisions and criteria for exercising the Court’s discretion, Art. 33 (3) UPCA: In the situation of concurrently pending invalidity attacks by different parties against the same patent before different divisions (here: revocation action before CD and counterclaim(s) for revocation before LD) the local division has a discretion either…
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CD Munich, 23 July, 2023, Order on conclusion of a revocation action by way of settlement, UPC 75/2023, UPC 80/2023
Conclusion of an action by way of settlement without a request according to R. 365.1 RoP possible: The parties may at any time conclude their action by way of settlement which “shall” be confirmed by a decision of the Court, Art. 79 UPCA. R. 365 RoP clarifies that the Court shall confirm the settlement only…
3 min Reading time→
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