Institutions: Local Division
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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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LD Düsseldorf, February 26, 2024, order on language of the proceedings, UPC_CFI_463/2023
For a decision according to Art. 49 UPCA it may be sufficient that the initially chosen language is significantly detrimental to the Applicant. A disproportionate disadvantage is not necessary: The decision has to take grounds of fairness and all relevant circumstances into account, Art. 49(5) UPCA. Decisive are the respective interests at stake. Assertions of…
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LD Dusseldorf, February 16, 2024, procedural order, UPC_CFI_463/2023
A party has to substantiate why specific persons should receive access to confidential information according to R. 262A RoP: According to R. 262A.6 RoP, the number of persons receiving access to confidential information of the other party shall be no greater than necessary. This does not necessarily include the entire team of lawyers and other…
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LD The Hague, February 15, 2024, procedural order, UPC_CFI_239/2023
1. Decision against bifurcation before closure of written procedure: The Local Division The Hague decided to hear both the infringement action and the counterclaim for revocation (Art. 33(3)(a) UPCA) and not to bifurcate. This desicsion was taken before the closure of the written procedure (R. 37.2 RoP) for practical reasons. The decision was in conformity…
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LD, The Hague, February 13, 2024, Order, UPC_CFI_239/2023LD
Each party must bear its own legal costs until a final decision and cost order is made: Even if both parties are start-ups or SMEs, both parties have a limited cash-flow, are competitors of each other and the claimant has limited financial capacities, each party must bear its own legal costs until a final decision…
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LD Dusseldorf, February 14, 2024, order on confidentiality measures, UPC_CFI_463/2023
CMS provides for graduated procedure for protection of confidential information : With(in) the R. 262A workflow, the UPC Case Management System (CMS) provides for a step-by-step procedure for the protection of confidential information, comprehensively taking into account the interests of both parties in confidentiality. : Before the unredacted version of a document submitted with an…
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LD Hamburg, 25 January 2024, decision, UPC_CFI_559935/2023
Background: The plaintiff filed a claim for damages subsequent to a German patent infringement case in which the defendant had been found to infringe the German part of EP 1 740 740 B1. The defendant objected to the jurisdiction of the court regarding the damages claim. This objection was allowed by the judge-rapporteur, as per…
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LD Paris, 30 January 2024, procedural order (review R.333), UPC_CFI_230/2023
Amount of fine in the event of a breach of a confidentiality order: The decision relates to a review according to Rule 333 RoP of point 6.) of a confidentiallity order issued by the judge rapporteur on 19 December 2023. It emphasized that while the Paris and Munich orders pertain to the same protected confidential…
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LD Munich, 5 February 2024, decision UPC_CFI_498/2023
Electronic service of the statement of claim: Rule 275 RoP does not permit the court to designate someone as person authorised to accept service, if that person has not notified the Registry or the claimant to be willing to accept service of the statement of claim on behalf of the defendant at an electronic address…
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LD Paris, 24 January 2024, procedural order, UPC_CFI_230/2023
Review Procedure comes before Appeal Process: Case management decisions must first be reviewed by the panel under Rule 333 RoP before they can be appealed under Rule 220 RoP (cf. UPC Court of Appeal (n°486/2023, §6). Consequently, if the review under Rule 333 RoP of a confidentiality order is still pending, a request for leave…
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LD Duesseldorf, 25 January 2024, procedural order, UPC_CFI_452/2023
Assessment of validity of the patent in proceedings for provisional measures : In proceedings for provisional measures, the panel must assess, based on the submissions of the parties, whether the validity challenges raise reasonable doubts about the validity of the asserted patent, Article 62(4) of the UPCA in conjunction with Rule 211.2 of the Rules…
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