Institutions: Local Division
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Final Order of the Court of First Instance of the Unified Patent Court delivered on 26/06/2024
Determining the scope of protection based on the patent claim: The patent claim is always to be interpreted from the point of view of a person skilled in the art. The skilled person takes into account the purpose of every patent claim to provide them with a technical teaching which, when reworked, leads to the…
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LD Munich, October 2, 2024, Substantive Order, UPC_CFI_153/2024
Patent pool administrators have a direct legal interest in litigations concerning patents within their pools: The court, referencing Rule 313 of the Rules of Procedure of the Unified Patent Court (RoP), affirmed that a patent pool administrator possesses a direct and present legal interest in the outcome of such a lawsuit. This interest stems from…
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LD Munich, October 2, Procedural Order on Security for Costs UPC_CFI_54/2024
US-based NPE has to provide security: The Claimant is a non-practicing entity with no operational business. Its business model appears to be based solely on revenues expected from patent litigation. The Claimant owns no other assets other than the patents used in multiple worldwide litigations and it has failed to substantially challenge these reasons and…
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LD Munich, September 25, 2024, Procedural Order on a Counterclaim for revocation – Standing to be sued, UPC_CFI_114/2024 UPC_CFI_448/2024
Background: A common situation in patent litigation is that a patent has (allegedly) been assigned from one legal entity (assignor) to another (assignee) and that the assignee asserts the patent before being entered as proprietor into the register. This decision addresses the question who the alleged infringer (defendant) can sue in a counterclaim for revocation.…
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LD The Hague, September 17, 2024, Procedural Order on a Counter Claim for revocation – amendment of counter claim, ACT_586899/2023
Amendments to counterclaims are permissible even after the initial pleadings have been filed: The court emphasized that it will grant leave to amend when the amendment could not have been reasonably submitted earlier, such as when the opposing party makes an unexpected procedural move. This approach ensures fairness and allows the real issues in dispute…
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LD Hamburg, September 17, 2024, order on application pursuant to R. 262.1(b) RoP, UPC_CFI_151/2024
Application to get access to written pleadings and evidence granted (R. 262.1(b) RoP), but limited to redacted versions (R. 262.2 RoP): The access to the written pleadings and evidence is conditioned to a reasoned request, R. 262.1(b) RoP. Gaining a better understanding of one of the first UPC decisions regarding an application for provisional measures…
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LD Munich, September 13, 2024, infringement action: decision on the merits, UPC_CFI_390/2023
No stay of the proceedings due to national nullity proceedings re. German part of patent-in-suit: Requirements of R. 295(a) RoP not fulfilled, appeal of the German Federal Court of Justice (FCJ) against the first instance decision of the German Federal Patent Court (FPC) is not expected to be given rapidly. A stay according to R.…
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LD Mannheim, September 17, 2024, order of the Court of First Instance, UPC_CFI_210/2023
Late request to hear expert of one party as witness in oral hearing: Court dismissed Claimant’s request – raised after the interim conference – to hear an expert appointed by Claimant as witness in the oral hearing on several grounds: (1) Firstly, as a general rule, further pleadings and requests cannot be filed after the…
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LD Mannheim, September 9, 2024, procedural order, UPC_CFI_219/2023 and UPC_CFI_223/2023
If the redactions in Claimant’s reply brief in an infringement action are only subject to the non-technical part, it is not justified to grant the Defendant an extension of two months for filing its rejoinder brief re. this non-technical part starting with the date from having access to the unredcated version of the non-technical part…
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LD Düsseldorf, September 6, 2024, panel review order re. security for costs, UPC_CFI_373/2023, ORD_48181/2024
Confirmation of legal standard: it is a discretionary decision to order a security for legal costs and other expenses; imposing of a security serves to protect the position and (potential) rights of the Defendant : Factors to be considered (following CoA, UPC_CoA_328/2024; CD Munich, UPC_CFI_252/2023; LD Paris, UPC_495/2023): financial position of the other party that…
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LD Düsseldorf, September 6, 2024, order of the court of first instance, UPC_CFI_165/2024 and UPC_CFI_166/2024
Existence of infringement is assessed on the basis of UPC law without recourse to national patent law: Art. 25 UPCA (right to prevent the direct use of the invention) constitutes uniform substantive law and Art. 62 (1) UPCA (provisional and protective measures) uniform procedural law, which takes precedence over national patent laws so that these…
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LD Mannheim, September 3, 2024, order on protection of confidential information, UPC_CFI_219/2023
Submission in rejoinder, insofar as it concerns two third-party license agreements, will not be taken into account in the further proceedings: The submissions in the rejoinder, insofar as they concern two third-party license agreements that are subject of the requested further access restrictions, will not be taken into account in the further proceedings. The Defendants…
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LD Duesseldorf, September 2, 2024, request to allocate another technically qualified judge, UPC_CFI_368/2024
No opportunity for parties to make suggestions on (technical) background of one of the judges allocated to the panel: Defendant’s application for a review of the allocation of a technically qualified judge in order to allocate another technically qualified judge with experience in the field of mechanical engineering is dismissed. The technically qualified judge is…
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LD Duesseldorf, August 30, 2024, order on protection of confidential information, UPC_CFI_99/2024
Information on the profit margin may be subject to confidentiality if it is not available from publicly accessible sources: The Claimant has not questioned the fact that information on the profit margin may constitute confidential information if it is not available from publicly accessible sources. Insofar as the Claimant instead refers to the fact that…
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LD Munich, September 2, 2024, order on change in parties, UPC_CFI_221/2024
Late-filed request for adding a party is dismissed based on court’s discretion: The court exercises the discretion granted to it in Rule 305 of the Rules of Procedure to the effect that it does not admit the extension of the complaint by adding a party (a further Defendant). A comparison with the provision in Rule…
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LD Hamburg, August 26, 2024, Decision, UPC_CFI_54/2023
Failure to use the correct workflows provided by the CMS does not result in a violation of the deadlines resulting from the Rules of Procedure, Rule 4.1 sentences 1 and 2 RoP. In the initial phase of the UPC – the present action was filed on the first day of the UPC, 1 June 2023…
4 min Reading time→
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