Institutions: Local Division
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LD Munich, February 28, 2025, Order, UPC_CFI_483/2024
Amendment of case (Rule 263 RoP): The claimant sought to amend the case to include the Netherlands after the patent was restored there. The application was made under Rule 263 of the Rules of Procedure (RoP) of the Unified Patent Court (UPC). Reasonable Diligence Requirement (Rule 263.2(a) RoP) : The claimant failed to demonstrate reasonable…
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LD Düsseldorf, March 04, 2025, Order, UPC_CFI_115/2024, UPC_CFI_377/2024
Denial of additional written submissions (R. 36 RoP): The judge-rapporteur can permit additional submissions only if a justified request is made before the conclusion of the written procedure. The court denied both parties’ requests for additional written submissions due to non-compliance with procedural rules. Timing and justification of requests (R. 36 RoP) : The claimant’s…
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LD Munich, February 24, 2025, decision regarding award of costs, UPC_CFI_2/2023
In PI-proceedings an application for the determination of costs pursuant to R. 151 RoP is admissible in the event that the Court of Appeal has issued a basic decision on costs pursuant to R. 242.1RoP.: Pursuant to R. 150.1 RoP, the determination of costs may be the subject of separate proceedings following a decision on…
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LD Munich, February 25, 2025, Reimbursement of Court fees, UPC_CFI_208/2023, UPC_CFI_220/2024, UPC_CFI_221/2024
Reimbursement of Court fees should be proportionate to efforts already made by the Court : The purpose of R. 370.9 (b) and (e) RoP on reimbursement of fees in case of a withdrawal of an action is to ensure that the reimbursement is proportionate to the efforts already made by the Court. A complex patent…
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LD Munich, February 14, 2025, order on preliminary objection, UPC_CFI_437/2024
A preliminary objection based on questions regarding the claimant’s standing to bring an action is inadmissible or at least unfounded.: The Court’s jurisdiction and competence, as referred to in R. 19.1 RoP, is not linked to whether a person bringing an action is ultimately entitled to bring the action or whether it is fully entitled…
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LD Hamburg, February 19, 2025, Decision, UPC_CFI_58/2024
Interpretation of Claims: When interpreting a claim, in addition to its wording, the application instructions and express disclosures in the description of the patent specification must be taken into account (headnote 2). Division LD Hamburg UPC number UPC_CFI_58/2024 Type of proceedings Infringement proceedings (and counterclaim for revocation) Parties Claimant: Lionra Technologies Ltd. Defendants: Cisco Systems…
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LD Helsinki, February 11, 2025, procedural order regarding changes in a case, UPC_CFI_214/2013
The main issues to be considered when addressing the admissibility of changes in a case are that the nature of the frontloaded procedure of the UPC must be protected and that during the process there are no such changes that the defendant’s right to defence is compromised.: If these two premises are protected there is…
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LD Milan, February 7, 2025, procedural order, UPC_CFI_472/2024
The position of the party attacking the patent shall be protected to the same extent as that of the party defending the patent.: If the mandatory coordination between the appeals proceedings before the EPO and the proceedings before the UPC may be achieved in the most efficient way by extending the time limits for filing…
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LD Munich, February 12, 2025, Procedural Order, UPC_CFI_714/2024
LD Munich competent to hear an infringement action, although appeal before the Court of Appeal is pending between the same parties regarding an action for provisional measures based on the same patent that was filed in first instance with the LD Düsseldorf : A case is not “pending before a division of the Court of…
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LD Mannheim, January 31, 2025, Decision of first instance (Infringement Proceedings and Counterclaim for Revocation), UPC_CFI_340/2023
In view of the lack of patentability, the admissible infringement action is unfounded without the need for a judicial review of the infringement allegation required.: After the court has dealt with the interpretation of the patent-in-suit and established the invalidity of the patent-in-suit, it dismissed the infringement action without further ado. Both the examination of…
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LD Munich, February 5, 2025, Decision re. Preliminary Objection, UPC_CFI_740/2024
A Preliminary objection can also be raised with regard to a counterclaim for revocation.: Although R. 19 RoP addresses infringement actions, the principle of equality of arms requires that the defendant of a counterclaim for revocation must be able to assert a lack of competence procedurally in the same way as the defendant of an infringement…
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LD Paris, February 5, 2025, order concerning further exchanges of written pleadings (R. 36 RoP), UPC_CFI_163/2024
Three sucessive stages of the written procedure in infringement actions: The Rules of Procedure devide the written procedure into several successive stages: Stage 1: Pleadings relating to the infringement claim comprising a set of 4 statements Stage 2: Pleadings relating to the validity of the patent-in-suit in the event of a counterclaim for revocation Stage…
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LD Munich, January 23, 2025, order regarding cost and confidentiality, UPC_CFI_815/2024
Restrictions on confidential information apply to third parties and the public: The Court referred to a previous order from the Central Division Paris in UPC_CFI_367/2023. It indicated that Meril would have unlimited access to the costs application, while restrictions on confidential information would apply to third parties and the public. Division Local Division Munich UPC…
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LD Mannheim, January 22, 2025, procedural order in infringement action, UPC_CFI_365/2023
Document submission one week before the hearing: The hearing dates are confirmed for three consecutive days, i.e., February 11-13, 2025. The Court provides remarks in preparation for the hearing and requests the upload of documents or sketches by February 4, 2025. The documents or sketches are those, which the parties may wish to refer to…
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LD Munich, January 10, 2025, order in cost reimbursment procedure, UPC_CFI_249/2023
No interest is added to reimbursable costs of procedures and disbursements in cost reimbursment proceedings: Contrary to German case law there is no interest to be added to reimbursable costs of procedures and disbursments in cost reimbursment proceedings. There is no legal basis for such interest in Rule 151 RoP. Whereas Rules 125 and 131…
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LD Vienna, January 15, 2025, order in first instance on infringement, UPC_CFI_33/2024
No action for revocation despite objection of nullity: If the allegation is made in the proceedings that the patent is invalid, the statement of defence must contain a counterclaim for revocation of the patent against the proprietor of the patent (R. 25 RoP, R. 42 RoP). Without such counterclaim, the invalidity defence (here: exceeding the…
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LD Munich, January 13, 2025, revised order on auxiliary requests, UPC_CFI_298/2023
The number of 55 auxiliary requests can be reasonable: Upon panel review the court views the number of 55 auxiliary requests as exceptionally high but not unreasonable. Considering the extreme complexity of the case (in particular in view of the number of grounds of invalidity raised), the importance of the patent at issue and the…
3 min Reading time→
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