Institutions: Paris Central Division
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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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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…
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