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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…
2 min Reading time→
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