Institutions: Local Division
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LD Munich, 5 December 2023, order of the court of first instance of the UPC, UPC_CFI_2/2023, ACT_459746/2023, App_577241/2023
Penalty payment does not require a further court order: In the event of violations of orders under Art. 62 UPCA, a penalty payment may be imposed without a further court enforcement order in accordance with Art. 82 (4) UPC The requirements for the imposition of penalty payments are exhaustively regulated in Art. 82 para. 4…
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LD Mannheim, 8 September 2023, procedural order re. alternative method of service, UPC_CFI_219/2023
Mandatory requirement of R. 275.2 RoP is a previous attempt to effect service in accordance with R. 270 to 274 RoP : R. 270 to 274 RoP do not provide for the possibility of service at a place of business within the Contracting Member States for defendants having their seat outside thereof; R. 271.5 RoP…
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LD Munich, 11 December 2023, order of the court of first instance of the UPC, UPC_CFI_9/2023
A notification by the judge-rapporteur under Rule 20.2 RoP that a preliminary objection is to be dealt in the main proceedings cannot be challenged on appeal, nor can it be made the subject of a review by the panel pursuant to Rule 333.1 RoP.: The judge-rapporteur and not the panel shall decide on inadmissible applications…
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LD Munich, 11 December 2023, order of the court of first instance of the UPC, UPC_CFI_9/2023, ACT_459771/2023
Possibility for parties to comment on separation of subject matter of extension of complaint due to procedural reasons.: Division Local Division Munich UPC number UPC_CFI_9/2023, ACT_459771/2023 Type of proceedings Action for infringement Parties Huawei Technologies Co. Ltd (Plaintiff)NETGEAR Deutschland GmbH, Netgear Inc. and Netgear International Limited (Defendants) Patent(s) EP3611989 and EP3678321 Body of legislation /…
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LD Munich, 20 December 2023, order of court of first instance of the UPC, UPC_CFI_292/2023
The original version of a claim of an European patent and any amendments made thereto during the grant proceedings can be used as aid for interpreting the claim. : In principle, a party unsuccessfully applying for provisional measures has to bear the costs incurred by the other party for filing a protective letter.: Division Local…
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LD Düsseldorf, 14 December 2023, order of court of first instance of the UPC, UPC_CFI_201/2023
which must be included in the Statement of defence (see R. 25.1 RoP).: Accordion paragraph Division Local Division Düsseldorf UPC number UPC_CFI_201/2023 Type of proceedings Action for infringement Parties N.V. Nutricia (Plaintiff)Nestlé Health Science (Deutschland) GmbH (Defendant) Patent(s) EP 2 359 858 Body of legislation / Rules Rule 29.1 RoP Rule 25.1 RoP Rule 271.6…
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LD Düsseldorf, 4 December 2023, court order on separation of proceedings, UPC_CFI_363/2023
A separation of proceedings according to R. 302.1 RoP is sensible and appropriate when dealing with a plurality of patents.: The two patents-in-suit may be attacked in respective nullity proceedings which may result in differing timelines of the proceedings. A separation of proceedings should therefore be ordered at an early stage. There is no need…
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LD Munich, 4 December 2023, order of the court of first instance of the UPC, UPC_CFI_213/2023, 220/2023, 224/2023
The determination of the date of service of the complaint and the grant of an extension of the deadline for the statement of defense in agreement with parties is possible.: Division Local Division Munich UPC number UPC_CFI_213/2023, 220/2023, 224/2023 Type of proceedings Action for infringement Parties Panasonic Holdings Corporation (Plaintiff) and 1 Xiaomi Inc.2 Beijing…
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LD Munich, 11 December 2023, order of the court of first instance of the UPC, UPC_CFI_9/2023, ACT_459771/2023, App_587438/2023
the termination of limitation proceedings for such patent is admissible.: Rule 263 RoP allows the amendment of a pending case under certain conditions. In this case, the Plaintiff extended the pending complaint by asserting claims from a further patent, after the limitation proceedings for this patent were concluded. The court found this extension to be…
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LD Düsseldorf, 1 December 2023, procedural order of the court of first instance, UPC_CFI_ 7/2023
Procedural order on how to proceed with the action for infringement and the counterclaim for revocation according to Rule 37 RoP : With this decision the LD Düsseldorf applied Rule 37.2 RoP and determined prior to the closure of the written procedure to proceed with both the action for infringement and with the counterclaim for…
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LD Düsseldorf, 22 November 2023, order on joint proceedings of infringement action and counterclaim for revocation, UPC_CFI_260/2023
The decision on how to proceed with the infringement action and the counterclaim for revocation can be made before the conclusion of the written procedure.: Even if the panel is to decide by order on the procedure under Article 33 (3) UPCA as soon as possible after the conclusion of the written procedure pursuant to…
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LD Hamburg, 3 November 2023, order on confidentiality and access restriction, UPC_CFI_54/2023
Requirements for protection of confidential information: The applicant does not have to prove to the full conviction of the court that the confidential information for which protection is requested are trade secrets. It is sufficient if the court considers it predominantly probable that the information are trade secrets. Confidential information that was already submitted to…
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LD Munich, 3 November 2023, order on language of the proceedings, UPC_CFI_14/2023
Change of language of the proceedings: An infringement action was filed in German before the LD Munich. Before the statement of defense was filed, the Defendant suggested a change of the language of the proceedings to English, which is the language of the granted European Patent. The judge-rapporteur proposed to change the language of the…
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LD Hamburg, 27 October 2023, procedural order, UPC_CFI_22/2023
Extension of the deadline for filing a Statement of Defense in the event of delayed submission of exhibits: Upon request, the deadline for filing the Statement of Defense may be extended by the period of time between service of the Complaint without the exhibits and the subsequent submission of the exhibits. Division Local Division Hamburg…
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LD Helsinki, Decision of 20 October 2023, UPC_CFI_214/2023
Withdrawal of opt-out ineffective: dismissal due to lack of jurisdiction: An infringement action and a request for provisional measures were filed based on European Patent EP 3 295 663 (EP’663). The LD Helsinki dismissed both due to lack of jurisdiction of the UPC Courts . EP’663 was opted out on May 12, 2023, and the…
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