Institutions: Milan Central Division
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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 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 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 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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