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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 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 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…
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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 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…
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Central division (Section Munich), Decision in Revocation Action, UPC 1/2023, UPC 14/2023
Claim interpretation: When interpreting a patent claim, the person skilled in the art does not apply a philological understanding, but determines the technical meaning of the terms used with the aid of the description and the drawings. A feature in a patent claim is always to be interpreted in light of the claim as a…
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CD Munich, 27 February 2024, order to combine cases in revocation actions, UPC_CFI_1/2023, UPC_CFI_14/2023
Counterclaim for revocation can be combined with central revocation action against the same patent upon request by the parties: The parties agreed that the counterclaim for revocation pending at LD Munich should be dealt with together with an earlier filed and considerably further advanced central revocation action pending at the CD. The LD Munich thus…
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CD Munich, 31 January 2024, Order 103 RoP / 105.5 RoP, UPC_CFI_252/2024
Admissibility of auxiliary requests: Claimant requested to limit the submission of auxiliary requests for the further course of proceedings. The court does not see a legal basis for pre-emptively and categorially ruling out the submission of any further auxiliary requests. Nor does the Court see any legal basis to order the Defendant to make the…
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CD Munich, December 28, 2023, Preliminary Order, UPC_CFI_75/2023
Request under Rule 262.1(b) can be stayed if Court considers the outcome of appeal proceedings in a different case highly likely to be of relevance for the decision: Upon request under Rule 262.1(b) RoP of the Applicant to make available all written pleadings and evidence the Court decided to wait for the outcome of appeal…
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CD Munich, 31 January 2024, order, UPC_CFI_252/2023
Further written submission following the interim conference to deal with a later filed document: Following the exchange of the written pleadings in accordance with Rule 43 RoP, the judge-rapporteur – after having informed the parties of his intention to do so – closed the written procedure pursuant to Rule 58 in connection with Rule 35…
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CD Munich, 24 January 2024, procedural order and information on next steps, UPC_CFI_1/2023
There is no automatic right to reply to a rejoinder: The UPC proceedings are generally front-loaded (e.g., Preamble RoP 7). Therefore, the exchange of written pleadings is normally limited in accordance with Rule 43 RoP. A request for the admission of a brief in response to a rejoinder in the written procedure is not premature…
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CD Munich, 17 November 2023, order, UPC_CFI_80/2023
Protection of trade secrets, personal data, or other confidential information: An application for the protection of confidential information (“Confidential Annex”) under Rule 262A was made by the Claimant concerning an exhibit submitted by the Claimant and relied upon in the context of a request to stay proceedings because of the pending outcome of opposition proceedings…
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CD Munich, 20 November 2023, order on request to stay revocation proceedings, UPC_CFI_80/2023
Stay of revocation proceedings in case of parallel opposition proceedings is possible if a relevant decision by the EPO is expected rapidly.: Rule 295(a) RoP states that the court has discretion to stay proceedings pending the outcome of parallel EPO proceedings when a rapid decision is expected. Decision does not mean a final decision after,…
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CD Munich, 30 October 2023, order on security for legal costs and other expenses, UPC_CFI_252/2023
The key criterion for the decision on the cost security is the financial situation of the respondent.: The party requesting a security has to bring forward facts and arguments why such security is appropriate in a specific case. The burden of proof of facts generally is on the party relying on those facts (Article 54…
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CD Munich, 21 September 2023, order rejecting Rule 262.1 (b) RoP request, UPC_CFI_75/2023
Access to all written pleadings and evidence requires a concrete, verifiable and legally relevant reason: A request according to Rule 262.1(b) RoP for access to written pleadings and evidence by a member of the public requires a concrete, verifiable and legally relevant reason. The reasons to be provided in the request must pertain to the…
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CD Munich, 20 September 2023, order rejecting Rule 262.1(b) RoP request, UPC_CFI_1/2023
Access to all written pleadings and evidence requires a concrete, verifiable and legally relevant reason: A request according to Rule 262.1(b) RoP for access to written pleadings and evidence by a member of the public requires a concrete, verifiable and legally relevant reason. The wish of a natural person to form an opinion on the…
2 min Reading time→
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