Institutions: Paris Central Division
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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 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…
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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 Paris, July 2, 2024, order on party’s representation, UPC_CFI_164/2024
The possible violation of the obligation to act as an independent counsellor cannot be asserted by the opposing party, but only by the party for whose benefit such an obligation is placed.: Opposing party has no interest in such a finding as the effectiveness of a party’s right to defence in court shall be protected.…
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CD Paris, July 2, 2024, order on CMS workflows in revocation action, UPC_CFI_484/2023
Whenever certain workflows are provided, parties shall use the correct workflows for lodging documents. : If there is a separate workflow for the Application to amend the patent, the party should use this workflow instead of filing the Application in the same submission as the Statement of Defense. This makes the CMS more transparent and…
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CD Paris, June 26, 2024, order, UPC_CFI_164/2024
Independence of a counsellor is measured with reference to the possible harm to the interests of the party : The fact that the representative of a party is also the inventor of the patent-in-suit, the original applicant of the application underlying the patent-in-suit and the managing director of the first assignee of the patent does…
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CD Paris, Preliminary objection of a revocation action, May 2, 2024, UPC_CFI-484/2023
The UPC has jurisdiction for the central revocation action even if a prior national revocation action is pending: The asserted patent is only validated in Germany. In 2021, Nokia Solutions and Networks GmbH & Co. KG filed a national revocation action with the German Federal Patent Court (GFPC) against the proprietor (Mala Technologies), which was…
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CD Paris, May 10, 2024, request for simultaneous interpretation, UPC_CFI_367_2023
As long as some of the party’s representatives speak/understand the language of the proceedings, there is no reason for simultaneous interpretation of the oral hearing pursuant to R. 109 (1), (2) sentence 1 RoP, whereby the costs arising from the simultaneous interpretation are procedural costs: It does not matter what language skills a specific representative…
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CD Paris, May 10, 2024, Order re Preliminary objection, UPC_CFI_589997/2023
The violation of a standstill agreement does not constitute grounds for challenging the jurisdiction of the Unified Patent Court: Lack of jurisdiction can occur when a different court or a different body (as an arbitration board) which is part of a different judicial system have the power to address the dispute (‘relative’ lack of jurisdiction)…
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CD Paris, April 25, 2024, Procedural Order, UPC_CFI-361/2023
Key Takeaways Neither a Preliminary Objection nor the likelihood of an appeal against its rejection are relevant factors for the stay of the proceedings : Neither the fact that a Preliminary Objection has been lodged nor the likelihood of success of the appeal against the rejection of the Preliminary Objection are relevantfactors for deciding whether…
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CD Paris, February 27, 2024, late-filed amendments to the patent (rejected), UPC_CFI_255-2023CD
Alignment of defenses in different proceedings: In a case in which the patent proprietor applied to amend the patent in due time (that is, within the time period for lodging the defence to revocation) and then requested a change of this original application within his next deadline (rejoinder to the reply to the defence and…
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