Institutions: Local Division
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LD The Hague, 2 August 2023, order on R.13(q) RoP request, UPC_CFI_239/2023
Translations of documents not required without relevant interests of the parties : The translation of English-language documents into the language of the proceedings is not necessary without interest of the other party in such translations. Division Local Division The Hague UPC number UPC_CFI_239/2023 Type of proceedings Rule 13(q) RoP request Parties Claimants:Plant-e Knowledge B.V.Plant-e B.V.…
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LD Munich, 17 July 2023, order re. separation of the proceedings, UPC_CFI 14_2023
Proceedings against various defendants can be separated, if service on one defendant takes longer than service on the other defendants.: One of four defendants refused electronic service, while the other three defendants accepted electronic service. The Reporting Judge indicated that the consequence of later service on the last defendant could significantly delay the proceedings and…
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LD Munich, 17 July 2023, procedural order, UPC_CFI_14/2023
Separation of proceedings: missing service by email outside the Contracting Member States: An infringement action was filed based on European Patent EP 3 666 797 against Defendants 1-4. Service on Defendants 1 to 3 could already be effected by email on July 11, 2023. However, as service on Defendant 4 was not possible by email…
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LD Düsseldorf, 30 June 2023, Order on provisional measures – request for correction of the order, UPC_CFI_177/2023
Application of R. 353 RoP: A country in which the patent is in force and which was not mentioned in the request by mistake or accident cannot subsequently be included in the order within the scope of the correction of the order due to a typing or calculation error or an obvious incorrectness according to…
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LD Munich, 23 June 2023, procedural order, UPC_CFI_17/2023
Application of Rule 209.1(a) RoP: LD Munich informed the Respondents about the Application for provisional measures and invited them to lodge, within a time period to be specified, an Objection to the Application for provisional measures. LD Munich also set the deadlines for the Applicants to respond to the reply of the Defendants as well…
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LD Düsseldorf, 22 June 2023, order of provisional measures, UPC_CFI_177/2023
Provisional measures do not require a “battle-tested” patent: Provisional measures under Art. 62 UPCA do not require a patent for which validity as been previously confirmed in opposition proceedings or national nullity proceedings. The fact that the asserted patent was granted and no opposition or nullity action was filed provides sufficient basis for the validity…
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LD Milan, 13 June 2023, decision, UPC_CFI_141/2023
This is a parallel application filed by the same party against another party during the trade fair ITMA: For details, see the post https://upc.law/?post_type=decisions&p=3120 Division Local Division Milan UPC case number UPC_CFI_141/2023 Order reference ORD_500982/2023 Type of proceedings Application for preserving evidence Parties Claimant: OERLIKON TEXTILE GMBH & CO KG Defendant: BHAGAT GROUP Patent EP2145848…
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LD Milan, 13 June 13 2023, decision, UPC_CFI_127/2023
: The conditions referred to in Rule 197.1 RoP and Article 60(5) UPCA, for the granting of the measure without the prior hearing of the defendant, are: The tight deadlines do not allow the parties to be convened before the end of the fair tomorrow; There is a risk that the evidence will no longer…
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LD Milan, 13 June 2023, order by the standing judge, UPC_CFI_127/2023
Extreme urgency not found by standing judge, and proceedings forwarded to the presiding judge: By virtue of Rule194.4 RoP, the standing judge, appointed in accordance with Rule 345.5 RoP, in cases of extreme urgency may decide immediately on an application to preserve evidence and on the procedure to be followed. In the case at hand,…
2 min Reading time→
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