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LD Hamburg, August 25, 2025, final order, UPC_CFI_688/2025
Representation and service: A lawyer authorised to represent a party in a proceeding on provisional measures is not automatically authorised to represent the same party in a subsequent infringement actionconcerning the same patent, even if there is a link between the two proceedings (cf. e.g. Article 32.2 UPCA and Rule 213 RoP). Hence, the defendant’s…
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LD Hamburg, April 2, 2025, order on procedural security, UPC_CFI_429/2024
The mere allegation that enforcement of foreign judgments at Claimant’s seat in China has proven to be enormously difficult is not sufficient reason to order a procedural security pursuant to R. 158 RoP.: The fact that the Claimant has its registered office in a non-EU/non-EEA country, especially in the People’s Republic of China, cannot be…
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LD Hamburg, February 19, 2025, Decision, UPC_CFI_58/2024
Interpretation of Claims: When interpreting a claim, in addition to its wording, the application instructions and express disclosures in the description of the patent specification must be taken into account (headnote 2). Division LD Hamburg UPC number UPC_CFI_58/2024 Type of proceedings Infringement proceedings (and counterclaim for revocation) Parties Claimant: Lionra Technologies Ltd. Defendants: Cisco Systems…
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LD Hamburg, December 30, 2024, No preliminary decision on admissibility of amendments of claims, UPC_CFI_173/2024 und 424/2024
No preliminary decisions on admissibility of requests for amendment of claims (Rule 263 RoP, Rule 30 RoP): It is generally not procedurally efficient to decide on the substantive admissibility of requests to amend claims (Rule 30 RoP) and corresponding amendments of the claim or the case (Rule 263 RoP) in a preliminary decision pursuant to…
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LD Hamburg, December 12, 2024, order on determination of service, UPC_CFI_664/2024
Effective service to a recipient in Switzerland is governed by R. 274 RoP, which does not provide for a fiction of service: Switzerland is not a Member State within the meaning of the RoP, so that R. 271 RoP and the fiction of service (10 days) provided for in paragraph 6 do not apply. Rather,…
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LD Hamburg, November 19, 2024, oder on confidentiality of patent transfer documents, UPC_CFI_169/2024
Restricted access to documents containing trade secrets: The court restricted the access to unredacted versions of a brief and an exhibit to the legal representatives insofar as they are authorized to represent their party before the UPC and to their internal assistants who are required for cooperation in the present litigation. Further, the court allowed…
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Final Order of the Court of First Instance of the Unified Patent Court delivered on 26/06/2024
Determining the scope of protection based on the patent claim: The patent claim is always to be interpreted from the point of view of a person skilled in the art. The skilled person takes into account the purpose of every patent claim to provide them with a technical teaching which, when reworked, leads to the…
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LD Hamburg, September 17, 2024, order on application pursuant to R. 262.1(b) RoP, UPC_CFI_151/2024
Application to get access to written pleadings and evidence granted (R. 262.1(b) RoP), but limited to redacted versions (R. 262.2 RoP): The access to the written pleadings and evidence is conditioned to a reasoned request, R. 262.1(b) RoP. Gaining a better understanding of one of the first UPC decisions regarding an application for provisional measures…
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LD Hamburg, August 26, 2024, Decision, UPC_CFI_54/2023
Failure to use the correct workflows provided by the CMS does not result in a violation of the deadlines resulting from the Rules of Procedure, Rule 4.1 sentences 1 and 2 RoP. In the initial phase of the UPC – the present action was filed on the first day of the UPC, 1 June 2023…
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LD Hamburg, August 9, 2024, Procedural order concerning confidentiality, UPC_CFI_278/2023
The existence of a trade secret does not have to be established to the court’s satisfaction, but it is sufficient if this is predominantly probable: The existence of a trade secret does not have to be established to the court’s satisfaction, but it is sufficient if this is predominantly probable, as shown by the wording…
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LD Hamburg, 4 June 2024, Procedural Order of the Court of First Instance, UPC_CFI_54/2023
In relation to the proprietor of a European patent there is a rebuttable presumption pursuant to R. 5(a) and (c) that the person shown in the patent register is the actual proprietor of the patent: Nevertheless, the person shown in the register can be ordered to produce evidence according to R. 190 RoP in order…
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LD Hamburg, May 14, 2024, order, UPC_CFI_151/2024
Security for costs in the proceedings for provisional measures: Art. 69.4 UPCA explicitly refers to proceedings for the application of provisional measures pursuant to Art. 62 UPCA. R. 158 RoP is thus also applicable in the proceedings for provisional measures. The request for a security for costs is in line with the EU law and…
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LD Hamburg, April 18, 2024, Procedural Order, UPC_CFI_169/2024
All service outside the contracting member states is covered by section 2, i.e. Rules 273 and 274 RoP.: If defendants are domiciled outside the territory of the contracting member states of the UPCA and have no statutory seat, central administration or principal place of business nor their own permanent or temporary place of business within…
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LD Hamburg, 25 January 2024, decision, UPC_CFI_559935/2023
Background: The plaintiff filed a claim for damages subsequent to a German patent infringement case in which the defendant had been found to infringe the German part of EP 1 740 740 B1. The defendant objected to the jurisdiction of the court regarding the damages claim. This objection was allowed by the judge-rapporteur, as per…
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LD Hamburg, 27 January 2024, procedural order, UPC_CFI_22/2023
The time period for responding to a counterclaim for revocation and the time period for the reply to the statement of defense should run in parallel: In a case in which the statement of defense includes trade secrets but the counterclaim for revocation does not, and in which access to an unredacted version of the…
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