Institutions: Mannheim Local Division
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LD Mannheim, January 31, 2025, Decision of first instance (Infringement Proceedings and Counterclaim for Revocation), UPC_CFI_340/2023
In view of the lack of patentability, the admissible infringement action is unfounded without the need for a judicial review of the infringement allegation required.: After the court has dealt with the interpretation of the patent-in-suit and established the invalidity of the patent-in-suit, it dismissed the infringement action without further ado. Both the examination of…
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LD Mannheim, January 22, 2025, procedural order in infringement action, UPC_CFI_365/2023
Document submission one week before the hearing: The hearing dates are confirmed for three consecutive days, i.e., February 11-13, 2025. The Court provides remarks in preparation for the hearing and requests the upload of documents or sketches by February 4, 2025. The documents or sketches are those, which the parties may wish to refer to…
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LD Mannheim, October 20, 2024, request for production of evidence, UPC_CFI_471/2023
Request for production of evidence, Art. 49 UCA, R. 190 RoP, must be based on specific facts: As a general rule, an order to produce evidence (e.g. source codes) presupposes that a fact is relevant to substantiate claims or objections. For this purpose, the applicant must state in detail which specific fact he wishes to…
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LD Mannheim, October 20, 2024, order on request for information, UPC_CFI_471/2023
Key Takeaways Two alternatives for requests for information: The Court may order that information which is in the possession of the other or a third party is communicated. Rule 191 of the Rules of Procedure provides for two alternatives for respective requests for information. The purpose of the first alternative of Rule 191 RoP is…
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LD Mannheim, September 17, 2024, order of the Court of First Instance, UPC_CFI_210/2023
Late request to hear expert of one party as witness in oral hearing: Court dismissed Claimant’s request – raised after the interim conference – to hear an expert appointed by Claimant as witness in the oral hearing on several grounds: (1) Firstly, as a general rule, further pleadings and requests cannot be filed after the…
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LD Mannheim, September 9, 2024, procedural order, UPC_CFI_219/2023 and UPC_CFI_223/2023
If the redactions in Claimant’s reply brief in an infringement action are only subject to the non-technical part, it is not justified to grant the Defendant an extension of two months for filing its rejoinder brief re. this non-technical part starting with the date from having access to the unredcated version of the non-technical part…
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LD Mannheim, September 3, 2024, order on protection of confidential information, UPC_CFI_219/2023
Submission in rejoinder, insofar as it concerns two third-party license agreements, will not be taken into account in the further proceedings: The submissions in the rejoinder, insofar as they concern two third-party license agreements that are subject of the requested further access restrictions, will not be taken into account in the further proceedings. The Defendants…
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LD Mannheim, July 31, 2024, Order concerning service, UPC_CFI_330/2024
Specification of address not required to be in line with political views of respective State [concerns: Hong Kong]: A further attempt to serve the Statement of Claim by alternative means or at another place pursuant to Rule 275.1 RoP shall not be required as soon as all possibilities of service under Rules 270-274 RoP have…
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LD Mannheim, July 3, 2024, Order re Protection of Confidential Information, UPC_CFI_471/2023
Access to unredacted documents is restricted to a limited group: Access to the unredacted version of the responses to the complaint is restricted on the plaintiffs’ side to the following persons: a) the plaintiffs’ legal representatives and their internal support staff, There is no reason to restrict access on the part of the plaintiffs’ authorised…
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LD Mannheim, June 27, 2024, indicative decision, UPC_CFI_ 210/2023
Arguments on claim construction to be made with the Statement of Claim: According to R. 13(1)(n) RoP in cases of technically complex subject-matters, the Statement of Claim must already contain the claim construction if the patent in suit is not readily understandable on its own. In case the plaintiff does not comply, further legal issues…
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LD Mannheim, 13 June 2024, Order of the Court of first instance, UPC_CFI_219/2023
Extension of time limit (only) for response to redacted FRAND submission: Claimant filed its reply brief with heavy redactions re. the FRAND part. Hence, upon Defendant’s request the deadline for filing its rejoinder brief was extended as it relates to these redactions. However, as the parts re. infringement and validity of the patent were not…
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LD Mannheim, May 16, 2024, order re. producing license agreements, UPC_CFI_216/2023
The order to produce license agreements could be inappropriate if the alleged infringer was unwilling to take a license from the beginning: Scope of the order to produce license agreements in view of the SEP holder’s duty of transparency established by the ECJ: In the present case, the claimant already submitted few comparable license agreements.…
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LD Mannheim, April 30, 2024, Order re producing license agreements, UPC_CFI_ 218/2023, UPC_CFI_ 219/2023, UPC_CFI_ 223/2023,
Plaintiff in infringement proceedings can request an order, directed against themselves, to produce an SEP license agreement with a third party. In accordance with the principle of production of evidence (Art. 43 UPCA), the plaintiff must decide for themselves which submissions they wish to make in the proceedings.: In order to demonstrate that FRAND obligations…
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LD Mannheim, May 06, 2024, Order on separation of proceedings, UPC_CFI_ 218/2023, UPC_CFI_219/2023 und UPC_CFI_223/2023
Pursuant to R. 303.2 RoP, the court may order that proceedings initiated in relation to several defendants be heard in separate proceedings if such separation is appropriate and necessary.: If, in proceedings with several defendants, representatives have only been appointed for some of the defendants and the remaining defendants have yet to be served and…
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LD Mannheim, April 15, 2024, order pursuant to R. 323 RoP (language of the proceedings), UPC_CFI_410/2023
Change of language of the proceedings into the language in which the patent was granted: The decision whether or not to change the language of the proceedings into the language in which the patent was granted shall be determined with regard to the respective interests at stake that has to be weighted, without it being…
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LD Mannheim, 14 February 2024, order on production of documents and protection of confidential information, UPC_CFI_210/2023
Order of a confidentiality regime step-by-step from uploading the document to the decision and any requests for access to the file: The regime reflects the interest – typically arising from the provision in license agreements that the contract may only be produced upon a court order – that the respective licence agreement partner shall be…
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LD Mannheim, 8 September 2023, procedural order re. alternative method of service, UPC_CFI_219/2023
Mandatory requirement of R. 275.2 RoP is a previous attempt to effect service in accordance with R. 270 to 274 RoP : R. 270 to 274 RoP do not provide for the possibility of service at a place of business within the Contracting Member States for defendants having their seat outside thereof; R. 271.5 RoP…
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