Institutions: Local Division
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LD Düsseldorf, 18 October 2023, order of penalty payment, UPC_CFI_177/2023
The amount of a penalty payment shall be determined (i) to take account of the creditor’s interest in the enforcement of the order not complied with by the debtor, and (ii) to deter the debtor from future violations. The penalty payment shall primarily be determined in view of the debtor and its (past) conduct: If…
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LD The Hague, 18 October 2023, order on language of the proceedings, UPC_CFI_239/2023
Change language of proceedings: case-by-case decision, but time-limit to be observed: An infringement action was filed in Dutch before the LD The Hague. The Defendant and Applicant for the request, a small Spanish start-up, requested a change of the language of the proceedings into English which is the language of the granted European Patent. The…
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LD Hamburg, 4 October 2023, preliminary order on confidentiality, UPC_CFI_54/2023
For the purpose of effective protection of trade secrets, access may be limited to the party representative until the final order on the limitation of access to confidential information is made.: Even though R. 262A.6 RoP states that, at least, one natural person from each party and the respective lawyers or other representatives of those…
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LD Munich, 29 September 2023, order, UPC_CFI_15/2023
Filing of preliminary objection via an inappropriate workflow: Filing of preliminary objection via an inappropriate workflow is to be rejected as inadmissible (Article 42.2 UPCA). However, due to the early stage of the UPC proceedings and the resulting lack of experience with the UPC and its Rules of Procedure, the preliminary objection in the current…
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LD Munich, 27 September 2023, procedural order, UPC_CFI_5/2023
Requirements of service by an alternative method: Alternative service (R. 275.2 RoP) is also possible if an attempt of service pursuant R. 270 to 274 RoP has not yet been completed. “Attention” can be assumed under R. 275.2 RoP if either a legal relationship exists in which knowledge is attributed or if specific circumstances exist…
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LD Milan, Order of September 27, 2023, UPC_CFI_240/2023
Rule 262.1 RoP requires that an application to access the Register is carried out by a third party – with respect to the parties to the proceedings: A lawyer who requests access to the records and claims to be the defendant’s counsel is not a third party, even if he or she has no power…
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LD Milan – Order of September 25, 2023 – UPC_CFI_286/2023 and UPC_CFI_287/2023
Ex-parte request for preserving of evidence and inspection allowable if requirements under Art. 60 UPCA, Rule 192.2 RoP, and Rule 194.2 RoP are fullfilled / sufficiently substantiated : Milan Local Division has competence pursuant to Art. 32.1 (c), 33.1 (b), and 60.1 UPCA. The following points were assessed by the LD: Fulfilment of the provisions…
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LD Munich, 19 September 2023, decision and orders on preliminary measures, UPC_CFI_2/2023
Rule 206 RoP only defines formal requirements: The requirements of Rule 206 RoP only need to be formally presented. If any requirement is missing materially, this does not lead to inadmissibility of the request for provisional measures. The material assessement is governed by Rule 211.2 RoP. Rule 206.2(e) RoP does not apply to requests for…
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LD Vienna, 13 September 2023, order on request for preliminary measures, UPC_CFI_182/2023
PI request is an “action” pursuant to Rule 5.6 RoP: An application for a provisional measure or an injunction is an “action” pursuant to Rules 5 and 5A of the Rules of Procedure (RoP) of the Unified Patent Court. This follows, in particular, from the wording of Art. 32(1) (c) UPCA, which uses the term…
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LD Milan, Decision of September 11, 2023, UPC_CFI_57/2023
No decision on costs if parties agree to waiver of action and do not seek cost reimbursement: If Defendant agrees to a withdrawal of an action under Rule 265 RoP and does not seek reimbursement of costs, no decision on litigation costs is necessary since under Rule 151 RoP, such an order is issued only…
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LD Munich, 29 August 2023, Procedural order on effective service of Statement of Claim in case of subsequently filed exhibits, UPC_CFI_14/2023
Effective Filing and Service of Statement of Claim, R. 13 RoP: A Statement of Claim can be filed and served on the defendant effectively in accordance with R. 13 RoP if the exhibits are announced to merely be filed subsequently. Exhibits have not yet been “relied on” or “referred to” as evidence within the meaning…
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LD Munich, 28 August 2023, procedural order, UPC_CFI_249/2023
Application of Rules 109.3 RoP and 112.3.(c) RoP: LD Munich ordered that simultaneous interpretation into English shall be provided for the panel during oral hearing and that the simultaneous translator is involved by videoconference. Division Local Division Munich UPC number UPC_CFI_249/2023 Type of proceedings Request for provisional measures – Procedural Order Parties Applicant: Edwards Lifesciences…
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LD Munich, 23 August 2023, final decision on request for extension of deadline, UPC_CFI_15/2023
Extension of time limit for preliminary objection (R. 19 RoP): An intended harmonization of the time limit regime as such does not constitute a reason for extending the time limit that runs for the party to which was successfully served at an earlier point in time. Rather, an alignment can also be achieved by shortening…
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LD Hamburg, 22 August 2023, order declining request for extension of time period, UPC_CFI_54/2023
Coordination with suppliers located outside of Europe is no sufficient reason for an extension of time period for statement of defense: The RoP provides for a balanced timing regime. With a three-month time period for filing the statement of defense, the RoP already provides for the longest time period of the timing regime. This time…
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LD Munich, 16 August 2023, procedural order on CMS workflows, UPC_CFI_14/2023
Different workflows can be attributed to one action, and requests should be made in the appropriate workflow – if no appropriate workflow exists, a new workflow should be opened: In the present case, requests to extend or shorten the deadline to submit the statement of defense had been made by the Parties in different, existing…
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LD Munich, 10 August 2023, final decision on request for extension of deadline, UPC_CFI_15/2023
Extension of time limit for preliminary objection (R. 19 RoP): In case of more than one defendant, the Rules of Procedure do not require an alignment of the time limit for preliminary objection for the different parties. Usage of case management system at early stage of UPC : Working with the new procedural law and…
2 min Reading time→
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