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LD Munich, 11 December 2023, order of the court of first instance of the UPC, UPC_CFI_9/2023, ACT_459771/2023
Possibility for parties to comment on separation of subject matter of extension of complaint due to procedural reasons.: Division Local Division Munich UPC number UPC_CFI_9/2023, ACT_459771/2023 Type of proceedings Action for infringement Parties Huawei Technologies Co. Ltd (Plaintiff)NETGEAR Deutschland GmbH, Netgear Inc. and Netgear International Limited (Defendants) Patent(s) EP3611989 and EP3678321 Body of legislation /…
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LD Munich, 20 December 2023, order of court of first instance of the UPC, UPC_CFI_292/2023
The original version of a claim of an European patent and any amendments made thereto during the grant proceedings can be used as aid for interpreting the claim. : In principle, a party unsuccessfully applying for provisional measures has to bear the costs incurred by the other party for filing a protective letter.: Division Local…
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LD Munich, 4 December 2023, order of the court of first instance of the UPC, UPC_CFI_213/2023, 220/2023, 224/2023
The determination of the date of service of the complaint and the grant of an extension of the deadline for the statement of defense in agreement with parties is possible.: Division Local Division Munich UPC number UPC_CFI_213/2023, 220/2023, 224/2023 Type of proceedings Action for infringement Parties Panasonic Holdings Corporation (Plaintiff) and 1 Xiaomi Inc.2 Beijing…
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LD Munich, 11 December 2023, order of the court of first instance of the UPC, UPC_CFI_9/2023, ACT_459771/2023, App_587438/2023
the termination of limitation proceedings for such patent is admissible.: Rule 263 RoP allows the amendment of a pending case under certain conditions. In this case, the Plaintiff extended the pending complaint by asserting claims from a further patent, after the limitation proceedings for this patent were concluded. The court found this extension to be…
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LD Munich, 3 November 2023, order on language of the proceedings, UPC_CFI_14/2023
Change of language of the proceedings: An infringement action was filed in German before the LD Munich. Before the statement of defense was filed, the Defendant suggested a change of the language of the proceedings to English, which is the language of the granted European Patent. The judge-rapporteur proposed to change the language of the…
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LD Munich, 29 September 2023, order, UPC_CFI_15/2023
Filing of preliminary objection via an inappropriate workflow: Filing of preliminary objection via an inappropriate workflow is to be rejected as inadmissible (Article 42.2 UPCA). However, due to the early stage of the UPC proceedings and the resulting lack of experience with the UPC and its Rules of Procedure, the preliminary objection in the current…
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LD Munich, 27 September 2023, procedural order, UPC_CFI_5/2023
Requirements of service by an alternative method: Alternative service (R. 275.2 RoP) is also possible if an attempt of service pursuant R. 270 to 274 RoP has not yet been completed. “Attention” can be assumed under R. 275.2 RoP if either a legal relationship exists in which knowledge is attributed or if specific circumstances exist…
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LD Munich, 19 September 2023, decision and orders on preliminary measures, UPC_CFI_2/2023
Rule 206 RoP only defines formal requirements: The requirements of Rule 206 RoP only need to be formally presented. If any requirement is missing materially, this does not lead to inadmissibility of the request for provisional measures. The material assessement is governed by Rule 211.2 RoP. Rule 206.2(e) RoP does not apply to requests for…
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LD Munich, 29 August 2023, Procedural order on effective service of Statement of Claim in case of subsequently filed exhibits, UPC_CFI_14/2023
Effective Filing and Service of Statement of Claim, R. 13 RoP: A Statement of Claim can be filed and served on the defendant effectively in accordance with R. 13 RoP if the exhibits are announced to merely be filed subsequently. Exhibits have not yet been “relied on” or “referred to” as evidence within the meaning…
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LD Munich, 28 August 2023, procedural order, UPC_CFI_249/2023
Application of Rules 109.3 RoP and 112.3.(c) RoP: LD Munich ordered that simultaneous interpretation into English shall be provided for the panel during oral hearing and that the simultaneous translator is involved by videoconference. Division Local Division Munich UPC number UPC_CFI_249/2023 Type of proceedings Request for provisional measures – Procedural Order Parties Applicant: Edwards Lifesciences…
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LD Munich, 23 August 2023, final decision on request for extension of deadline, UPC_CFI_15/2023
Extension of time limit for preliminary objection (R. 19 RoP): An intended harmonization of the time limit regime as such does not constitute a reason for extending the time limit that runs for the party to which was successfully served at an earlier point in time. Rather, an alignment can also be achieved by shortening…
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LD Munich, 16 August 2023, procedural order on CMS workflows, UPC_CFI_14/2023
Different workflows can be attributed to one action, and requests should be made in the appropriate workflow – if no appropriate workflow exists, a new workflow should be opened: In the present case, requests to extend or shorten the deadline to submit the statement of defense had been made by the Parties in different, existing…
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LD Munich, 10 August 2023, final decision on request for extension of deadline, UPC_CFI_15/2023
Extension of time limit for preliminary objection (R. 19 RoP): In case of more than one defendant, the Rules of Procedure do not require an alignment of the time limit for preliminary objection for the different parties. Usage of case management system at early stage of UPC : Working with the new procedural law and…
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LD Munich, 17 July 2023, order re. separation of the proceedings, UPC_CFI 14_2023
Proceedings against various defendants can be separated, if service on one defendant takes longer than service on the other defendants.: One of four defendants refused electronic service, while the other three defendants accepted electronic service. The Reporting Judge indicated that the consequence of later service on the last defendant could significantly delay the proceedings and…
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LD Munich, 17 July 2023, procedural order, UPC_CFI_14/2023
Separation of proceedings: missing service by email outside the Contracting Member States: An infringement action was filed based on European Patent EP 3 666 797 against Defendants 1-4. Service on Defendants 1 to 3 could already be effected by email on July 11, 2023. However, as service on Defendant 4 was not possible by email…
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LD Munich, 23 June 2023, procedural order, UPC_CFI_17/2023
Application of Rule 209.1(a) RoP: LD Munich informed the Respondents about the Application for provisional measures and invited them to lodge, within a time period to be specified, an Objection to the Application for provisional measures. LD Munich also set the deadlines for the Applicants to respond to the reply of the Defendants as well…
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