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Institutions: Milan Local Division

  • LD Milan, November 4, 2024, decision, UPC_CFI_241/2023

    No stay of proceedings due to parallel counterclaim for revocation: There is no basis for a stay (R. 295(m) RoP) of an infringement action, where the defendant has acknowledged the validity of the patent and infringement without exception, for the purpose of awaiting the Court’s decision on the counterclaim for revocation introduced in a parallel…

    3 min Reading time
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    LD Milan, July 23, 2024, order on application according R 262A RoP, UPC_CFI_240/2023

    Restriction to “attorneys eyes only” possible under R 262A RoP, exceptional circumstances required: In the case of protection of confidential information under R. 262A RoP, the number of persons authorised to have access may not be greater than is necessary to ensure compliance with the principle of a fair trial and the right of the…

    2 min Reading time
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    LD Milan, 6 June 2024, Procedural Order of the Court of First Instance, UPC_CFI_241/2023

    Request for information regarding distribution channels: Showing a product at a trade fair in the territory covered by the patent does not automatically create evidence of market entry – burden of proof is with the claimant. A claimant’s request for declaration of defendant’s chain of sale/resale is not justified in case that defendant confirms that…

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    LD Milan, May 14, 2024, Procedural Order, UPC_CFI_241/2023

    The parties must submit a summary of the topics to be dealt with during the interim conference prior to the interim conference: The parties must inform the Court in advance of the interim conference which persons will participate in the interim conference: With exception of confidential information, the interim conference is open to the public:…

    3 min Reading time
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    LD Milan – May 6, 2024 – UPC_CFI_241/2023 – confidentiality order

    Request under Rule 262A RoP for a confidentiality order regarding financial information granted. Attorneys only. : Request under R. 262A RoP by plaintif for a confidentiality order granted regarding financialinformation provided pursuant to court order and pursuant to Rule 104(k) RoP. Access to confidential information is restricted to attorneys only, with the consent of the…

    1 min Reading time
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  • LD Milan, Order of September 27, 2023, UPC_CFI_240/2023

    Rule 262.1 RoP requires that an application to access the Register is carried out by a third party – with respect to the parties to the proceedings: A lawyer who requests access to the records and claims to be the defendant’s counsel is not a third party, even if he or she has no power…

    2 min Reading time
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  • LD Milan – Order of September 25, 2023 – UPC_CFI_286/2023 and UPC_CFI_287/2023

    Ex-parte request for preserving of evidence and inspection allowable if requirements under Art. 60 UPCA, Rule 192.2 RoP, and Rule 194.2 RoP are fullfilled / sufficiently substantiated : Milan Local Division has competence pursuant to Art. 32.1 (c), 33.1 (b), and 60.1 UPCA. The following points were assessed by the LD: Fulfilment of the provisions…

    3 min Reading time
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  • LD Milan, Decision of September 11, 2023, UPC_CFI_57/2023

    No decision on costs if parties agree to waiver of action and do not seek cost reimbursement: If Defendant agrees to a withdrawal of an action under Rule 265 RoP and does not seek reimbursement of costs, no decision on litigation costs is necessary since under Rule 151 RoP, such an order is issued only…

    2 min Reading time
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  • LD Milan, 13 June 2023, decision, UPC_CFI_141/2023

    This is a parallel application filed by the same party against another party during the trade fair ITMA: For details, see the post https://upc.law/?post_type=decisions&p=3120 Division Local Division Milan UPC case number UPC_CFI_141/2023 Order reference ORD_500982/2023 Type of proceedings Application for preserving evidence Parties Claimant: OERLIKON TEXTILE GMBH & CO KG Defendant: BHAGAT GROUP Patent EP2145848…

    1 min Reading time
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  • LD Milan, 13 June 13 2023, decision, UPC_CFI_127/2023

    : The conditions referred to in Rule 197.1 RoP and Article 60(5) UPCA, for the granting of the measure without the prior hearing of the defendant, are: The tight deadlines do not allow the parties to be convened before the end of the fair tomorrow; There is a risk that the evidence will no longer…

    4 min Reading time
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  • LD Milan, 13 June 2023, order by the standing judge, UPC_CFI_127/2023

    Extreme urgency not found by standing judge, and proceedings forwarded to the presiding judge: By virtue of Rule194.4 RoP, the standing judge, appointed in accordance with Rule 345.5 RoP, in cases of extreme urgency may decide immediately on an application to preserve evidence and on the procedure to be followed. In the case at hand,…

    2 min Reading time
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