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LD Duesseldorf, 29 January 2024, UPC_CFI_463/2023
Assessment of validity of the patent in proceedings for provisional measures : In proceedings for provisional measures, the panel must assess, based on the submissions of the parties, whether the validity challenges raise reasonable doubts about the validity of the asserted patent, Article 62(4) of the UPCA in conjunction with Rule 211.2 of the Rules…
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LD Dusseldorf, January 19, 2024 order on extension of time limits, UPC_CFI_457/2023
Extension of time limits: Insofar as R. 9.3 (a) of the Rules of Procedure grants the possibility of extending the time limit for filing an opposition and a statement of defense, this is only to be used in justified exceptional cases. Such an exceptional case was found here, since of the 15 defendants, most of…
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LD Dusseldorf, 20 January 2024, procedural order, UPC_CFI_363/2023
Term extensions are an exception: Insofar as R. 9.3 (a) RoP provides for the possibility of extending time periods, this should only be used with caution and only in justified exceptional cases against the background of the strict time limit regime set out in the Rules, which serves to ensure that proceedings are conducted as…
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LD Dusseldorf, 16 January 2024, Order of the President of the Court of First Instance, UPC_CFI_373/2023
A defendant seeking a change in the language of the proceedings does not need to wait for the submission of the statement of defense before lodging a motion for a change of the language: R. 321.1 RoP and R. 322 RoP do not preclude the admissibility of an application to use the language in which…
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LD Düsseldorf, 14 December 2023, order of court of first instance of the UPC, UPC_CFI_201/2023
which must be included in the Statement of defence (see R. 25.1 RoP).: Accordion paragraph Division Local Division Düsseldorf UPC number UPC_CFI_201/2023 Type of proceedings Action for infringement Parties N.V. Nutricia (Plaintiff)Nestlé Health Science (Deutschland) GmbH (Defendant) Patent(s) EP 2 359 858 Body of legislation / Rules Rule 29.1 RoP Rule 25.1 RoP Rule 271.6…
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LD Düsseldorf, 4 December 2023, court order on separation of proceedings, UPC_CFI_363/2023
A separation of proceedings according to R. 302.1 RoP is sensible and appropriate when dealing with a plurality of patents.: The two patents-in-suit may be attacked in respective nullity proceedings which may result in differing timelines of the proceedings. A separation of proceedings should therefore be ordered at an early stage. There is no need…
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LD Düsseldorf, 1 December 2023, procedural order of the court of first instance, UPC_CFI_ 7/2023
Procedural order on how to proceed with the action for infringement and the counterclaim for revocation according to Rule 37 RoP : With this decision the LD Düsseldorf applied Rule 37.2 RoP and determined prior to the closure of the written procedure to proceed with both the action for infringement and with the counterclaim for…
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LD Düsseldorf, 22 November 2023, order on joint proceedings of infringement action and counterclaim for revocation, UPC_CFI_260/2023
The decision on how to proceed with the infringement action and the counterclaim for revocation can be made before the conclusion of the written procedure.: Even if the panel is to decide by order on the procedure under Article 33 (3) UPCA as soon as possible after the conclusion of the written procedure pursuant to…
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LD Düsseldorf, 18 October 2023, order of penalty payment, UPC_CFI_177/2023
The amount of a penalty payment shall be determined (i) to take account of the creditor’s interest in the enforcement of the order not complied with by the debtor, and (ii) to deter the debtor from future violations. The penalty payment shall primarily be determined in view of the debtor and its (past) conduct: If…
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LD Düsseldorf, 30 June 2023, Order on provisional measures – request for correction of the order, UPC_CFI_177/2023
Application of R. 353 RoP: A country in which the patent is in force and which was not mentioned in the request by mistake or accident cannot subsequently be included in the order within the scope of the correction of the order due to a typing or calculation error or an obvious incorrectness according to…
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LD Düsseldorf, 22 June 2023, order of provisional measures, UPC_CFI_177/2023
Provisional measures do not require a “battle-tested” patent: Provisional measures under Art. 62 UPCA do not require a patent for which validity as been previously confirmed in opposition proceedings or national nullity proceedings. The fact that the asserted patent was granted and no opposition or nullity action was filed provides sufficient basis for the validity…
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