Institutions: Local Division
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LD Düsseldorf, 24 January 2024, procedural order, UPC_CFI_452/2023
CMS workflow for the request under R. 212.3 RoP: In order to ensure that the proceedings run as seamlessly as possible, the CMS provides for a separate workflow for the submission of a request to review in accordance with R. 212.3 RoP. The panel may grant a party the right to re-file a request filed…
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LD Munich, 23 January 2024, procedural order, UPC_CFI_181/2023
The interim conference can be held as video conference : The recording of the interim conference can be listened to on the premises of the Munich Local Division. Potential orders in the interim conference: Potential orders in the interim conference include the determination of deadlines for further written submissions by the parties, the determination of…
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LD Duesseldorf, 29 January 2024, UPC_CFI_463/2023
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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LD Dusseldorf, January 19, 2024 order on extension of time limits, UPC_CFI_457/2023
Extension of time limits: Insofar as R. 9.3 (a) of the Rules of Procedure grants the possibility of extending the time limit for filing an opposition and a statement of defense, this is only to be used in justified exceptional cases. Such an exceptional case was found here, since of the 15 defendants, most of…
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LD Hamburg, 27 January 2024, procedural order, UPC_CFI_22/2023
The time period for responding to a counterclaim for revocation and the time period for the reply to the statement of defense should run in parallel: In a case in which the statement of defense includes trade secrets but the counterclaim for revocation does not, and in which access to an unredacted version of the…
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LD Dusseldorf, 20 January 2024, procedural order, UPC_CFI_363/2023
Term extensions are an exception: Insofar as R. 9.3 (a) RoP provides for the possibility of extending time periods, this should only be used with caution and only in justified exceptional cases against the background of the strict time limit regime set out in the Rules, which serves to ensure that proceedings are conducted as…
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LD Dusseldorf, 16 January 2024, Order of the President of the Court of First Instance, UPC_CFI_373/2023
A defendant seeking a change in the language of the proceedings does not need to wait for the submission of the statement of defense before lodging a motion for a change of the language: R. 321.1 RoP and R. 322 RoP do not preclude the admissibility of an application to use the language in which…
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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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