Institutions: Local Division
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LD Munich, July 4, 2024, orders on deadlines and confidentiality, UPC_CFI_220/2023
The deadline for submitting a Rejoinder to the Reply only runs from the time at which defendants have been served with a completely unredacted Reply to the Statement of defence.: Defendants have the right to defend themselves comprehensively, uniformly and in full knowledge of all the Claimant’s submissions in the Reply to the Statement of…
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LD Paris, July 4, 2024, Decision on the merits in an action for infringement with counterclaim for revocation, UPC_CFI_230/2023
The scope of the dispute brought before the Court is incontestably governed by the principle that the parties define the subject-matter of the dispute, a general principle of law which is reiterated in Art. 76(1) UPCA.: This principle allows the claimant in the main action to exclude certain acts of infringement in order to avoid…
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LD Düsseldorf, July 3, 2024, judgment on prior use right, award of damages and order to communicate information / lay open books, UPC_CFI_7/2023
Within the framework of Art. 28 UPCA, the user of the claimed technology can only invoke the rights granted to him by the respective national regulations of the respective contracting member states. On this basis, the existence of a right based on prior use of the invention must be substantiated for each of the protected…
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LD Duesseldorf, June 20, 2024, Order of the Court of First Instance, UPC_CFI_459/2023
Order to jointly hear both the infringement action and the counterclaim for revocation pursuant to Article 33(3)(a) UPCA for reasons of efficiency: Pursuant to Art. 33(3) UPCA, the LD can exercise its discretion when deciding to hear both the infringement action and the counterclaim for revocation (Art. 33(3)(a) UPCA) or to refer the counterclaim for…
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LD Mannheim, June 27, 2024, indicative decision, UPC_CFI_ 210/2023
Arguments on claim construction to be made with the Statement of Claim: According to R. 13(1)(n) RoP in cases of technically complex subject-matters, the Statement of Claim must already contain the claim construction if the patent in suit is not readily understandable on its own. In case the plaintiff does not comply, further legal issues…
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LD Duesseldorf, June 27, 2024, procedural order, UPC_CFI_457/2023
Deadline Extensions due to R. 242A RoP applications in FRAND proceedings: If the Defendant deals extensively with license negotiations between itself and a patent pool in the context of the substantiation of the FRAND objection raised by it, the Claimant can only respond comprehensively to this argument if he can consult with employees of the…
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LD Duesseldorf, June 26, 2024, procedual order, UPC_CFI_457/2023
Direct and present interest of the Intervener: 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. Such a legal interest can be affirmed if the patent in suit has been…
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LD Duesseldorf, June 24, 2024, procedural order, UPC_CFI_456/2023
If access to written pleadings is restricted to representatives only according to R. 262A RoP, this is regularly a reason for the extension of time limits: R. 9.3 (a) RoP authorizes the court to extend time limits. However, this option should only be used with caution and only in justified exceptional cases. Such an exceptional…
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LD The Hague, June 25, 2024, procedural order, UPC_CFI_195/2024
Applicant/Defendant has to bear the cost of simultaneous interpretation in the case of a Polish translation : To effectively meet the requirements of the fundamental right to be heard, it is important to allow parties to use simultaneous interpreter(s) if they deem this necessary to enable them to fully participate in the oral hearing that…
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LD Paris, February 12, 2024, procedural order, UPC_CFI_425/2023
In case of multiple defendants in an infringement action, it is reasonable for the Judge-Rapporteur to extend the deadline for filing of a Statement of Defence to align the deadlines for all defendants: In the present case, service of the Statement of Claim was delayed for one of the three defendants. According to Rule 23…
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LD Paris, February 12, 2024, procedural order, UPC_CFI_395/2023
In case of multiple defendants in an infringement action, it is reasonable for the Judge-Rapporteur to extend the deadline for filing of a Statement of Defence to align the deadlines for all defendants: In the present case, service of the Statement of Claim was delayed for some of the fourteen defendants. According to Rule 23…
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LD Munich, February 2, 2024, procedural order, UPC_CFI_14/2023
Request of referral of a counterclaim for revocation to the Central Division by the parties (Art. 33(3)(c) UPCA): According to Article 33(3)(c) UPCA, a Local Division may refer the case for decision to the central division based on the agreement of the parties. Strong counterarguments would be necessary for the Local Division not to grant…
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LD Munich, April 9, 2024, Order regarding R. 9 RoP extension request, UPC_CFI_501/2023
No time extension due to change of language of the proceedings: An extension of the deadline to file the statement of defense according to R. 9.3 RoP was rejected. The change of language of the proceedings one month before the deadline to file the statement of defense was not considered a justification for such an…
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LD Paris, April 11, 2024, procedural order, UPC_CFI_4952023
Multiple defendants and competence of the division: In the case of multiple defendants, if one of the defendants has its residence within the territory of the Local Division seized, Article 33(1)(b) UPCA must be applied, regardless of whether the other defendants are based inside or outside the Contracting Member States or inside or outside the…
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LD Milan, 6 June 2024, Procedural Order of the Court of First Instance, UPC_CFI_241/2023
Request for information regarding distribution channels: Showing a product at a trade fair in the territory covered by the patent does not automatically create evidence of market entry – burden of proof is with the claimant. A claimant’s request for declaration of defendant’s chain of sale/resale is not justified in case that defendant confirms that…
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LD Mannheim, 13 June 2024, Order of the Court of first instance, UPC_CFI_219/2023
Extension of time limit (only) for response to redacted FRAND submission: Claimant filed its reply brief with heavy redactions re. the FRAND part. Hence, upon Defendant’s request the deadline for filing its rejoinder brief was extended as it relates to these redactions. However, as the parts re. infringement and validity of the patent were not…
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LD Munich, 12 June 2024, Order of the Court of first instance, UPC_CFI_54/2024
Change of language of proceedings upon (unobjected) request: In the absence of an objection from the opposing party, the language of the proceedings shall be changed from German to English, i.e. the language in which the patent at issue has been granted. There was no request that existing pleadings and other documents should be translated.…
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