Institutions: Local Division
-
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…
5 min Reading time→ -
LD Vienna, August 12, 2024, Procedural order on publicity of pleadings and evidence, UPC_CFI_33/2024
Weighing of interests when deciding on a request for the provision of pleadings and evidence pursuant to R 262.1 (b) RoP: If a request for the provision of pleadings and evidence is made by a member of the public pursuant to R 262.1 (b) RoP, the interests of that member of the public to have…
2 min Reading time→ -
Contact us personally!
Tips and advice directly from our Unitary Patents professionals.
-
LD Paris, August 21, 2024, Procedural order, UPC_CFI_358/2023
Only the arguments according to its written corresponding proceeding are considered : R. 36 RoP allows the parties to request additional written submissions from the judge rapporteur on a reasoned request, in order to ensure that the principles of flexibility and adaptability and the general principle of justice and fairness set out in point 2…
2 min Reading time→ -
LD Hamburg, August 9, 2024, Procedural order concerning confidentiality, UPC_CFI_278/2023
The existence of a trade secret does not have to be established to the court’s satisfaction, but it is sufficient if this is predominantly probable: The existence of a trade secret does not have to be established to the court’s satisfaction, but it is sufficient if this is predominantly probable, as shown by the wording…
3 min Reading time→ -
LD Duesselorf, August 8, 2024, Procedural order concerning confidentiality, UPC_CFI_140/2024
No reason to limit access for authorised representative’s team: Normally, in main proceedings there is no reason to limit the party’s representatives who have access to confidential information to a certain number of team members or even to UPC representatives and their internal assistants. To fullfill the requirement of R. 262A.6 RoP (number of persons…
3 min Reading time→ -
LD Duesseldorf, July 30, 2024, Procedural order concerning confidentiality, UPC_CFI_457/2023
Intervener is party to the proceedings with corresponding option to request confidentiality: Unless ordered otherwise by the Court, the intervener shall be treated as a party in accordance with Rule 315.4 RoP. Just like a party, the intervener therefore has the option to file a confidentiality request concerning the information contained in the pleadings submitted…
2 min Reading time→ -
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…
4 min Reading time→ -
LD Vienna, July 30, 2024, Procedural order concerning security for costs of proceedings, UPC_CFI_33/2024
Sufficient interest for intervention to be admissible: The legal interest required for the admissibility of the intervention is given if the intervener has a direct and present interest in the issuance of the order or decision requested by the assisted party. Purchase of accused product establishes interest for intervention to be admissible: Such a legal…
2 min Reading time→ -
LD Mannheim, July 31, 2024, Order concerning service, UPC_CFI_330/2024
Specification of address not required to be in line with political views of respective State [concerns: Hong Kong]: A further attempt to serve the Statement of Claim by alternative means or at another place pursuant to Rule 275.1 RoP shall not be required as soon as all possibilities of service under Rules 270-274 RoP have…
3 min Reading time→ -
LD Duesseldorf, August 2, 2024, Procedural order concerning Application to Amend, UPC_CFI_355/2023
Admissibility of (later) applications for amendments: If auxiliary requests filed in the context of an application for amendment of the patent are to be amended later, the scope of R. 263 RoP is not open from the outset. The conditions under which applications for amendment of the patent are admissible are laid down in R.…
3 min Reading time→ -
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…
2 min Reading time→ -
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…
1 min Reading time→ -
LD Duesseldorf, August 5, 2024, subsequent request to amend patent, UPC_CFI_363_2023
Rule 30.2 RoP leaves open the time of a decision on the admission of a subsequent request for amendment of the patent: The time of the decision is at the discretion of the court. The judge-rapporteur may postpone such a decision. A rejecting order is not required. As long as the subsequent request for amendment…
2 min Reading time→ -
LD The Hague, July 31, 2024, order on provisional measures, UPC_CFI_195/2024
No lack of urgency although application filed more than nine months after becoming aware of sales of attacked embodiment: Applicant became aware of sales of the attacked embodiment (mushrooms) in UPC territory in late July 2023 and filed an application for provisional measures on May 14, 2024. In the meantime, applicant, amongst others, had three…
5 min Reading time→ -
LD Paris, 24 July 2024, Procedural order of the Court of First Instance, UPC_CFI_440/2023
Pendency of an action: The pendency of an action is determined by the date of the registration with the Division concerned – in other words, the pendency of an action is independent on whether or not the defendant has already accepted service of the statement of a claim. Same parties according to Art. 33 (4)…
4 min Reading time→ -
LD Milan, July 23, 2024, order on application according R 262A RoP, UPC_CFI_240/2023
Restriction to “attorneys eyes only” possible under R 262A RoP, exceptional circumstances required: In the case of protection of confidential information under R. 262A RoP, the number of persons authorised to have access may not be greater than is necessary to ensure compliance with the principle of a fair trial and the right of the…
2 min Reading time→ -
LD Duesseldorf, July 22, 2024, Order on a request for confidentiality, UPC_CFI_457/2023
Generally, a confidentiality club shall include at least one natural person from an intervening party: Since the intervener shall be treated as a party in accordance with R. 315.4 RoP (unless otherwise ordered by the Court), on request according to R. 262A a confidentiality club shall comprise at least one natural person from the intervener.…
1 min Reading time→
Stay in the loop
Never miss a beat by subscribing to the email newsletter. Please see our Privacy Policy.