Institutions: Local Division
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LD Mannheim, April 15, 2024, order pursuant to R. 323 RoP (language of the proceedings), UPC_CFI_410/2023
Change of language of the proceedings into the language in which the patent was granted: The decision whether or not to change the language of the proceedings into the language in which the patent was granted shall be determined with regard to the respective interests at stake that has to be weighted, without it being…
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LD Paris, March 26, 2024, Procedural Order, UPC_CFI_397/2023
Waiver of Rule 262A RoP: Even though Rule 262A RoP provides that the confidentiality club shall include at least one natural person from each party, the Court considers that it is possible for the parties to exclude access by a natural person by mutual agreement, provided that the principle of a fair trial is not…
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LD Duesseldorf, March 27, 2024, Procedural Order, UPC_CFI_355/2023
Protection of confidential information requires balancing of interests: When deciding an application to grant protection for the allegedly confidential information, the court has to weigh the right of a party to have unlimited access to the documents contained in the file, which guarantees its fundamental right to be heard, against the interest of the opposing…
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LD Dusseldorf, March 22, 2024, procedural order, UPC_CFI_463/2023
Simultanous interpretation in both directions is available for representatives who do not speak the language of the procedure.: Simultanous interpretation is available to the extent deemed appropriate (Art. 51.2 UPCA). Representatives whose language skills suffice to plead in the procedural language may not use simultanous interpretation. No prior request for simultanous interpretation needs to be…
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LD The Hague, 4 March 2024, Order on confidentiality regarding financial information, UPC_CFI_239/2023
Limitation to “attorneys eyes only” possible under R. 262A RoP on protection of confidential information: Claimants applied for a confidentiality order (R. 262A RoP) regarding financial information which did not relate to the main action but to Defendant’s request for security for costs (R. 158 RoP). The LD The Hague decided that access to confidential…
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LD Duesseldorf, 26 February 2024, procedural order on language of proceedings, UPC_CoA_335/2023
Applications on change of language require substantiated reasons: The Applicant requested for a change of language from German into English (Art. 49(5) UPCA, R. 322 RoP). It argued that both parties were English speaking companies, that it was an SME and translation costs would be disproportionately disadvantageous for it. Also, this would enable the CoA…
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LD Munich, 18 January 2024, Order of court of first instance, UPC_CFI_9/2023
Admissibility of extending the action by including claims from a further patent-in-suit after terminated limitation proceedings: The requirements for an extension of the complaint by including claims from a further patent-in-suit are exclusively subject to Rule 263 RoP and not to national provisions. In the present case the plaintiff waited for the outcome of the…
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LD Düsseldorf, February 23, 2024, secrecy protection order, UPC_CFI_463/2023
The requirement to be heard prior to issuing a secrecy protection order according to R. 262A RoP applies only to the final secrecy order and access restriction: In the interest of effective secrecy protection, access can be further restricted until a final order is issued, namely to the representative of the plaintiff In consideration of…
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LD Düsseldorf, February 23, 2024, procedural order, UPC_CFI_463/2023
Postponement of the start of a deadline until conclusion of secrecy protection proceedings according to R. 262A RoP is not compatible with the urgent nature of proceedings for provisional measures: As made clear in procedural order ORD_8568/2024, none of the deadlines in such proceedings for provisional measures can be extended in view of the timely…
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LD Paris, February 12, 2024, procedural order re. alternative method of service, UPC_CFI_495/2023
Requirements for alternative methods of service: If digital tracking provided by the post office shows that delivery of the Statement of claim (SoC) initiated by the Court could not be carried out, alternative methods of service are possible, R. 275.1 RoP. In the present case, Claimant subsequently suggested three methods of service that appeared to…
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LD The Hague, 17 January 2024, Procedural order of court of first instance, UPC_CFI_239/2023
Calculation and extension of deadline to file defence to Counterclaim for revocation: The Defence to the Counterclaim for revocation and any Application to amend the patent pursuant to Rule 30 RoP must be filed within two months of service of a Statement of defence containing a Counterclaim for revocation. The separate official service of the…
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LD Munich, 27, December 2023, Order of court in first instance, UPC_CFI_181/2023
Protection of confidential information (keynotes): 1. The protection of confidential information contained in pleadings and annexes can only be requested within a workflow pursuant to Rule 262 and/or 262A of the Rules of Procedure at the same time as the initial filing or within 14 days. 2. Unlike the standard practice in national proceedings in…
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LD Düsseldorf, 21 February 2024, procedural order on counterclaim for revocation, UPC_CFI_355/2023
Official form for counterclaim of revocation shall be used : Although the Statement of defence shall include a Counterclaim for revocation, the parties shall make use of the official forms available online. In practice, this means that the Counterclaim for revocation must also be filed in the workflow provided for this purpose by the CMS.…
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LD The Hague, 15 February 2024, R.9 Order on the Application of Art. 33(3) UPCA, UPC_CFI_239/2023
No bifurcation of infringement action and counterclaim for revocation (as unanimously requested by the parties): A joint hearing of the infringement action and the counterclaim seems to be appropriate in particular for reasons of procedural expediency and avoids the risk of delay that might be involved with bifurcating. It is also preferable because it allows…
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LD Munich, 19 February 2024, order of the Court of first instance, UPC_CFI_9/2023
Example of exercise of the case management powers of the court under R. 334 RoP.: A videoconference with the parties can be designated a separate hearing under Rule 334(d) RoP, which does not preclude an interim conference under Rule 35(b) RoP. Division Local Division Munich UPC number UPC_CFI_9/2023 Type of proceedings Infringement Action Parties Claimant:…
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LD Paris, 12 February 2024, procedural order on an application for forced intervention, UPC_CFI_440/2023
A defendant, who has a warranty claim against its supplier, can successfully apply for forced intervention of the supplier under R. 316A.1 RoP: SAS LASER COMPONENTS sougth the forced intervention of PHOTON WAVE Co. Ltd, which it designates as the supplier of the allegedly infringing UV LED chips, claiming that if it were to be…
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LD Mannheim, 14 February 2024, order on production of documents and protection of confidential information, UPC_CFI_210/2023
Order of a confidentiality regime step-by-step from uploading the document to the decision and any requests for access to the file: The regime reflects the interest – typically arising from the provision in license agreements that the contract may only be produced upon a court order – that the respective licence agreement partner shall be…
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