Institutions: Munich Local Division
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LD Munich, August 27, 2024, order on provisional measures, UPC_CFI_74/2024
Direct infringement of a device claim : In certain cases, there could be a direct infringement of a device claim if the patent infringer appropriates the actions of its customer in the sense of an “extended workbench” (in German: “verlängerte Werkbank”) and it would be unreasonable to hold the infringer liable only for indirect patent…
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LD Munich, July 31, 2024, Decision on the merits, UPC_CFI_233/2023
Applicable standard concerning novelty: In order to be considered part of the state of the art (Art. 54 (1) EPC), an invention must be found clearly integrally, directly and unambiguously in one single piece of prior art and in its existing form, it must be identical in its constitutive elements, in the same form, with…
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LD Munich, August 6, 2024, application for leave to change claim, UPC_CFI_41/2024
Strict application of R. 263.1 RoP regarding a party’s application for leave to change its claim: Pursuant to R. 263.2 RoP, leave shall not be granted if the party seeking the amendment cannot satisfy the Court that (a) the amendment could not have been made with reasonable diligence at an earlier stage and (b) the…
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LD Munich, August 6, 2024, order on service, UPC_CFI_498/2023
Preliminary objection is deemed to be proof of service to Chinese defendant: If a Chinese defendant files a preliminary objection, there is no need to wait for further proof of service from the Chinese authorities on the Chinese defendant. Division Local Division Munich, Panel 2 UPC number UPC_CFI_498/2023 Type of proceedings Infringement proceedings Parties NEC…
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LD Munich, July 4, 2024, orders on deadlines and confidentiality, UPC_CFI_220/2023
The deadline for submitting a Rejoinder to the Reply only runs from the time at which defendants have been served with a completely unredacted Reply to the Statement of defence.: Defendants have the right to defend themselves comprehensively, uniformly and in full knowledge of all the Claimant’s submissions in the Reply to the Statement of…
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LD Munich, February 2, 2024, procedural order, UPC_CFI_14/2023
Request of referral of a counterclaim for revocation to the Central Division by the parties (Art. 33(3)(c) UPCA): According to Article 33(3)(c) UPCA, a Local Division may refer the case for decision to the central division based on the agreement of the parties. Strong counterarguments would be necessary for the Local Division not to grant…
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LD Munich, April 9, 2024, Order regarding R. 9 RoP extension request, UPC_CFI_501/2023
No time extension due to change of language of the proceedings: An extension of the deadline to file the statement of defense according to R. 9.3 RoP was rejected. The change of language of the proceedings one month before the deadline to file the statement of defense was not considered a justification for such an…
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LD Munich, 12 June 2024, Order of the Court of first instance, UPC_CFI_54/2024
Change of language of proceedings upon (unobjected) request: In the absence of an objection from the opposing party, the language of the proceedings shall be changed from German to English, i.e. the language in which the patent at issue has been granted. There was no request that existing pleadings and other documents should be translated.…
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LD Munich, May 27, 2024, Order on request to extend and to shorten a deadline, UPC_CFI_498/2023
It is a reason for a term extension if wrong exhibits to which reference is made in the Statement of claim have been made available via the CMS: According to case law of the Court of Appeals (UPC-CoA_320/2023; APFL_572929/2023) it is sufficient for an extension of the terms for lodging the Statement of Defense, if…
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LD Munich, 18 January 2024, Order of court of first instance, UPC_CFI_9/2023
Admissibility of extending the action by including claims from a further patent-in-suit after terminated limitation proceedings: The requirements for an extension of the complaint by including claims from a further patent-in-suit are exclusively subject to Rule 263 RoP and not to national provisions. In the present case the plaintiff waited for the outcome of the…
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LD Munich, 27, December 2023, Order of court in first instance, UPC_CFI_181/2023
Protection of confidential information (keynotes): 1. The protection of confidential information contained in pleadings and annexes can only be requested within a workflow pursuant to Rule 262 and/or 262A of the Rules of Procedure at the same time as the initial filing or within 14 days. 2. Unlike the standard practice in national proceedings in…
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LD Munich, 19 February 2024, order of the Court of first instance, UPC_CFI_9/2023
Example of exercise of the case management powers of the court under R. 334 RoP.: A videoconference with the parties can be designated a separate hearing under Rule 334(d) RoP, which does not preclude an interim conference under Rule 35(b) RoP. Division Local Division Munich UPC number UPC_CFI_9/2023 Type of proceedings Infringement Action Parties Claimant:…
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LD Munich, 5 February 2024, decision UPC_CFI_498/2023
Electronic service of the statement of claim: Rule 275 RoP does not permit the court to designate someone as person authorised to accept service, if that person has not notified the Registry or the claimant to be willing to accept service of the statement of claim on behalf of the defendant at an electronic address…
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LD Munich, 23 January 2024, procedural order, UPC_CFI_181/2023
The interim conference can be held as video conference : The recording of the interim conference can be listened to on the premises of the Munich Local Division. Potential orders in the interim conference: Potential orders in the interim conference include the determination of deadlines for further written submissions by the parties, the determination of…
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LD Munich, 5 December 2023, order of the court of first instance of the UPC, UPC_CFI_2/2023, ACT_459746/2023, App_577241/2023
Penalty payment does not require a further court order: In the event of violations of orders under Art. 62 UPCA, a penalty payment may be imposed without a further court enforcement order in accordance with Art. 82 (4) UPC The requirements for the imposition of penalty payments are exhaustively regulated in Art. 82 para. 4…
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LD Munich, 11 December 2023, order of the court of first instance of the UPC, UPC_CFI_9/2023
A notification by the judge-rapporteur under Rule 20.2 RoP that a preliminary objection is to be dealt in the main proceedings cannot be challenged on appeal, nor can it be made the subject of a review by the panel pursuant to Rule 333.1 RoP.: The judge-rapporteur and not the panel shall decide on inadmissible applications…
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