Institutions: Local Division
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LD Düsseldorf, November 29, 2024, request for simultaneous interpretation, UPC_CFI_355/2023
Discretionary interpretation: The UPC retains discretion in granting simultaneous interpretation, even when a party requests it. Rules 109.1 and 109.2(1) RoP highlight the Judge-Rapporteur’s authority to decide whether and to what extent simultaneous interpretation is appropriate. If the Judge-Rapporteur refuses the request for simultaneous interpretation, a party may, at its own expense, engage a simultaneous…
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LD Düsseldorf, November 29, 2024, procedural order rejecting submission, UPC_CFI_355/2023
Absent a reasoned request, and consequently a decision allowing further submissions, the Court will rejcect any submissions made after the stipulated periods.: Pursuant to R. 36 RoP, the judge-rapporteur may, on a reasoned request by a party, allow further written submissions to be exchanged within a period to be specified.In the case at hand, the…
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LD Milan, November 22, 2024, Application for provisional measures, UPC_CFI_400/2024
Examination of the application for provisional measures: In proceedings for provisional measures, the Applicant is required to provide cumulatively reasonable evidence to satisfy the Court with a sufficient degree of certainty that: (i) the Applicant is entitled to initiate proceedings under Art. 47 UPCA; (ii) the patent is valid; (iii) its rights are being infringed…
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LD The Hague, November 22, 2024, Decision on the merits, UPC_CFI_239/2023
Assessment of the scope of protection in infringement cases in two steps: (i) literal infringement; (ii) infringement by equivalence: The UPCA contains no provision on the infringement by equivalence, however, Art. 2 of the Protocol to Art. 69 EPC makes clear that equivalence must be considered: “For the purpose of determining the extent of protection…
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LD Hamburg, November 19, 2024, oder on confidentiality of patent transfer documents, UPC_CFI_169/2024
Restricted access to documents containing trade secrets: The court restricted the access to unredacted versions of a brief and an exhibit to the legal representatives insofar as they are authorized to represent their party before the UPC and to their internal assistants who are required for cooperation in the present litigation. Further, the court allowed…
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LD Munich, November 21, 2024, procedural order, UPC_CFI_550/2024
The Rules of Procedure of the UPC do not contain a principle according to which evidence for factual allegations arising from the action may no longer be submitted by the party to the action after the action has been filed.: According to Rule 172.2 RoP, the Court may at any stage of the proceedings order…
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LD Düsseldorf, November 20, 2024, procedural order, UPC_CFI_347/2024 and UPC_CFI_368/2024
“Obvious slips” within the meaning of R. 353 RoP, which allow the Court to rectify a decision or order, are all incorrect or incomplete statements of what the Court actually intended in the order or decision. In other words, the declaration of the Court’s intention in the decision or order must deviate from the intention…
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LD Düsseldorf, November 21, 2024, Order on joint hearing of both infringement action and counterclaim for revocation, UPC_CFI_499/2023
Joint hearing of both infringement action and counterclaim for revocation: The local division exercises its discretion to hear both the infringement action and the counterclaim for revocation (Art. 33(3)(a) UPCA). Such a joint hearing of the infringement action and the counterclaim seems to be appropriate in particular for reasons of efficiency. It is also preferable…
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LD Düsseldorf, November 20, 2024, Request for Extension of Time Limits, UPC_CFI_499/2023
Fairness and Equity regarding Extension of Time Limits: Defendants have not consented to the extension of the time limits. However, the requested extension is justified on the grounds of fairness and equity (see the 5th recital in the Preamble to the Rules of Procedure), since the previous time limit was, with the consent of the…
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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…
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LD Duesseldorf, October 30, 2024, Procedural Order, UPC_CFI_355/2023
R. 36 RoP: Filing of Pleadings Beyond Time Limits Specified in RoP Possible: The fact that the claimant has only one opportunity to submit written observations on the right of prior use is a consequence of the Rules of procedure and the time limits laid down therein. However, in order to give the claimant the…
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LD Duesseldorf, October 31, 2024, Decision, UPC_CFI_373/2023
Preferred Embodiments Not Limiting for Claims: The claim must not be limited to the scope of preferred embodiments. The scope of a claim extends to subject-matter that the skilled person understands as the patentee’s claim after interpretation using the description and drawings. A claim interpretation which is supported by the description and drawings as a…
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LD Dusseldorf, October 31, 2024, order on provisional measures, UPC_CFI_368/024
No uniform urgency period.: The urgency period is to be measured from the date on which the applicant is or should have been aware of the infringement. Whether a delay is unreasonable depends on the circumstances of the individual case. There is no fixed deadline by which the applicant must submit its application for provisional…
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LD Mannheim, October 20, 2024, request for production of evidence, UPC_CFI_471/2023
Request for production of evidence, Art. 49 UCA, R. 190 RoP, must be based on specific facts: As a general rule, an order to produce evidence (e.g. source codes) presupposes that a fact is relevant to substantiate claims or objections. For this purpose, the applicant must state in detail which specific fact he wishes to…
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LD Mannheim, October 20, 2024, order on request for information, UPC_CFI_471/2023
Key Takeaways Two alternatives for requests for information: The Court may order that information which is in the possession of the other or a third party is communicated. Rule 191 of the Rules of Procedure provides for two alternatives for respective requests for information. The purpose of the first alternative of Rule 191 RoP is…
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LD Munich, October 11, 2024, cost decision, UPC_CFI_292/2023
No retroactive extension of time period for requesting costs under R. 151 RoP: The Court held that Rule 320 RoP, concerning the restitution of rights, is the lex specialis (more specific rule) and takes precedence over the general provision of Rule 9.3(a) RoP when a party misses a deadline and seeks to restore its right to…
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LD Lisbon, October 15, 2024, order dismissing PI based on patent infringement, UPC_CFI_317/2024
Challenging territorial competence requires more than denying infringement: The court held that simply denying infringement does not constitute a valid challenge to territorial competence under Art. 33 (1) (a) UPCA. Defendants must directly address and refute the “territorial connection element” to successfully contest jurisdiction. The court emphasized the distinction between a jurisdictional challenge and a…
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