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LD Munich, April 4, 2025, Decision on infringement and counterclaim for revocation, UPC_CFI_501/2023
Jurisdiction over multiple defendants with commercial relationship and same infringement (Art. 33(1)(b) UPCA).: Multiple defendants can be sued at the domicile, principal place of business, or place of business of one defendant if they have a commercial relationship and the action concerns the same alleged infringement (“anchor-defendant”). Headnote 1 of the decision clarifies: In the…
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LD Munich, April 2, 2025, Procedural Order of the Court of First Instance, UPC_CFI_18/2025
Opt-out withdrawals must clearly identify the patent but don’t require listing every state where it’s valid: The Court found that listing member states in the withdrawal solely in the context of identifying the proprietor was sufficient. Including states where the patent was granted (Art. 97(1) EPC) but not validated didn’t invalidate the withdrawal. Sufficient infringement…
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LD Munich, March 31, 2025, Order of the Court of First Instance, UPC_CFI_425/2024
Patent owners are not restricted in amending patents to counterclaims for revocation: The patentee may also request amendments to the patent that are not directly related to the grounds for invalidity arising from the counterclaim. The purpose of Rule 30 RoP is to give the patentee the opportunity to ‘save’ its patent in an amended…
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LD Munich, March 17, 2025, Order, UPC_CFI_815/2024
A decision for an implied R. 262.2 RoP application is normally only warranted where a third party makes an application under R. 262.3 RoP, but there may be exceptions to allow the case to proceed: With a previous order dated 23 January 2025 (ORD_3866/2025), the Court referred to a previous order from the Central Division…
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LD Munich, March 18, 2025, order on preliminary objection, UPC_CFI_339/2024
Neither the alleged incompatibility of the UPCA with EU law nor the alleged violation of the right to a lawful judge constitutes a valid ground for a preliminary objection.: According to Rule 19.1 RoP, a preliminary objection is strictly limited to the following formal procedural grounds: (a) the jurisdiction and competence of the UPC, (b)…
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LD Munich, March 19, 2025, Order, UPC_CFI_425/2024
Background of the case: The Applicants request a security for costs under R.158 RoP by arguing that Respondent has its registered office in the People’s Republic of China so that it is alleged that it was not sufficiently certain that a cost decision would be accepted and could be enforced in China. The Respondent countered…
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LD Munich, March 11, 2025, Order, UPC_CFI_201/2024
Timely lodging of statement of claim upon order of provisional measures: payment of court fees relevant (not timing of receipt): The applicant of provisional measures has to “start proceedings on the merits” of the case within 31 calendar days (or 20 working days, whichever is longer) from the date specified in the Court’s order (R.…
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LD Munich, February 28, 2025, Order, UPC_CFI_483/2024
Amendment of case (Rule 263 RoP): The claimant sought to amend the case to include the Netherlands after the patent was restored there. The application was made under Rule 263 of the Rules of Procedure (RoP) of the Unified Patent Court (UPC). Reasonable Diligence Requirement (Rule 263.2(a) RoP) : The claimant failed to demonstrate reasonable…
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LD Munich, February 24, 2025, decision regarding award of costs, UPC_CFI_2/2023
In PI-proceedings an application for the determination of costs pursuant to R. 151 RoP is admissible in the event that the Court of Appeal has issued a basic decision on costs pursuant to R. 242.1RoP.: Pursuant to R. 150.1 RoP, the determination of costs may be the subject of separate proceedings following a decision on…
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LD Munich, February 25, 2025, Reimbursement of Court fees, UPC_CFI_208/2023, UPC_CFI_220/2024, UPC_CFI_221/2024
Reimbursement of Court fees should be proportionate to efforts already made by the Court : The purpose of R. 370.9 (b) and (e) RoP on reimbursement of fees in case of a withdrawal of an action is to ensure that the reimbursement is proportionate to the efforts already made by the Court. A complex patent…
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LD Munich, February 14, 2025, order on preliminary objection, UPC_CFI_437/2024
A preliminary objection based on questions regarding the claimant’s standing to bring an action is inadmissible or at least unfounded.: The Court’s jurisdiction and competence, as referred to in R. 19.1 RoP, is not linked to whether a person bringing an action is ultimately entitled to bring the action or whether it is fully entitled…
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LD Munich, February 12, 2025, Procedural Order, UPC_CFI_714/2024
LD Munich competent to hear an infringement action, although appeal before the Court of Appeal is pending between the same parties regarding an action for provisional measures based on the same patent that was filed in first instance with the LD Düsseldorf : A case is not “pending before a division of the Court of…
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LD Munich, February 5, 2025, Decision re. Preliminary Objection, UPC_CFI_740/2024
A Preliminary objection can also be raised with regard to a counterclaim for revocation.: Although R. 19 RoP addresses infringement actions, the principle of equality of arms requires that the defendant of a counterclaim for revocation must be able to assert a lack of competence procedurally in the same way as the defendant of an infringement…
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LD Munich, January 23, 2025, order regarding cost and confidentiality, UPC_CFI_815/2024
Restrictions on confidential information apply to third parties and the public: The Court referred to a previous order from the Central Division Paris in UPC_CFI_367/2023. It indicated that Meril would have unlimited access to the costs application, while restrictions on confidential information would apply to third parties and the public. Division Local Division Munich UPC…
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LD Munich, January 10, 2025, order in cost reimbursment procedure, UPC_CFI_249/2023
No interest is added to reimbursable costs of procedures and disbursements in cost reimbursment proceedings: Contrary to German case law there is no interest to be added to reimbursable costs of procedures and disbursments in cost reimbursment proceedings. There is no legal basis for such interest in Rule 151 RoP. Whereas Rules 125 and 131…
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LD Munich, January 13, 2025, revised order on auxiliary requests, UPC_CFI_298/2023
The number of 55 auxiliary requests can be reasonable: Upon panel review the court views the number of 55 auxiliary requests as exceptionally high but not unreasonable. Considering the extreme complexity of the case (in particular in view of the number of grounds of invalidity raised), the importance of the patent at issue and the…
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LD Munich, December 18, 2024, withdrawal of opt-out, exhaustion, and FRAND defense, UPC_CFI_9/2023
Withdrawal of opt-out effective if CMS workflow is used: The Court held that Claimant’s withdrawal of the opt-out was effective as Claimant used the online workflow in the Case Management System (CMS) according to Rule 5.7 RoP. It is not mandatory to use the provided template which is merely a non-binding support tool. The withdrawal…
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