Institutions: Local Division
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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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LD Hamburg, 4 June 2024, Procedural Order of the Court of First Instance, UPC_CFI_54/2023
In relation to the proprietor of a European patent there is a rebuttable presumption pursuant to R. 5(a) and (c) that the person shown in the patent register is the actual proprietor of the patent: Nevertheless, the person shown in the register can be ordered to produce evidence according to R. 190 RoP in order…
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LD Munich, May 27, 2024, Order on request to extend and to shorten a deadline, UPC_CFI_498/2023
It is a reason for a term extension if wrong exhibits to which reference is made in the Statement of claim have been made available via the CMS: According to case law of the Court of Appeals (UPC-CoA_320/2023; APFL_572929/2023) it is sufficient for an extension of the terms for lodging the Statement of Defense, if…
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LD Dusseldorf, May 30, 2024, order pursuant R. 323 RoP, UPC_CFI_26/2024
In infringement proceedings, the position of the defendant requesting the language of the proceedings to be changed into the language of the patent is decisive, if in the overall assessment the result of the balancing of interest is the same: Art. 49.5 UPCA must be interpreted in such a way that the decision on whether…
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LD Paris, May 21, 2024, order concerning security for legal costs, UPC_CFI_495/2023
Claimant’s financial situation is decisive when deciding on security for legal costs: The criterion of the Claimant’s financial situation is decisive for the Court when it has to decide whether or not to order a security for the legal costs. The Applicants (Defendants in the main proceedings) submitted that there are no public records about…
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LD Milan, May 14, 2024, Procedural Order, UPC_CFI_241/2023
The parties must submit a summary of the topics to be dealt with during the interim conference prior to the interim conference: The parties must inform the Court in advance of the interim conference which persons will participate in the interim conference: With exception of confidential information, the interim conference is open to the public:…
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LD Hamburg, May 14, 2024, order, UPC_CFI_151/2024
Security for costs in the proceedings for provisional measures: Art. 69.4 UPCA explicitly refers to proceedings for the application of provisional measures pursuant to Art. 62 UPCA. R. 158 RoP is thus also applicable in the proceedings for provisional measures. The request for a security for costs is in line with the EU law and…
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LD Duesseldorf, May 14, 2024, Request for leave to change claim, UPC_CFI_457/2023
The concretization of the claims by the claimant is not a mere clarification, but a subsequent unconditional and therefore always admissible limitation/change of the claim within the meaning of R. 263 (3) RoP: According to the wording of the statement of claim, the action was initially directed against all computers and electronic end devices of…
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LD Mannheim, May 16, 2024, order re. producing license agreements, UPC_CFI_216/2023
The order to produce license agreements could be inappropriate if the alleged infringer was unwilling to take a license from the beginning: Scope of the order to produce license agreements in view of the SEP holder’s duty of transparency established by the ECJ: In the present case, the claimant already submitted few comparable license agreements.…
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