Institutions: Paris Central Division
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CD Paris, 27 February 2024, order on request to amend the patent, UPC_CFI_255/2023
Request to further “amend the case” or “amend the patent” by defendant in revocation action due to invalidity attacks brought in the parallel counterclaim for revocation was rejected: Defendant in revocation action applied to amend the patent in due time, i.e, within the time period for lodging the defence to revocation. It then requested a…
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CD Paris, 20 February 2024, Order of the Court of First Instance, UPC_CFI_454/2023
Strict requirements for extensions of deadlines: The Court may extend a deadline set by the Rules of Procedures only in case a party alleges and gives evidence that it will not be able or was not able to meet it because of a fact that makes the submission of a document or the arrangement of…
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CD Paris, February 9, 2024, rejected request for time extension, UPC_CFI_412/2023
Time extension only in exceptional cases: The power to extend a time limit should only be used with caution and only in justified exceptional cases (see UPC CFI 363/2023 LD Düsseldorf, order of 20 January 2024). A deadline set by the Rules of Procedures may only be extended in case a party alleges and gives…
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CD Paris, 22 January 2024, order, UPC_CFI_308/2023
Background of the case: The applicant filed a revocation action against the patent at issue. On 27 November 2023, the respondent submitted a defence to revocation which was considered by as incomplete the Registry. Consequently, on 11 December 2023, the respondent requested to correct the detected deficiencies, by logding a corrected statement of defence which…
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CD Paris, 13 November 2023, order on preliminary objection, UPC_CFI_255/2023
Scope of Article 33 (4) UPCA: same parties: Art. 33(4) UPCA concerns, inter alia, the jurisdiction for revocation actions. If an action for infringement between the “same parties” relating to the same patent has been brought before a local or a regional division, revocation actions may only be brought before the same local or regional…
7 min Reading time→

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