Institutions: Local Division
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LD Mannheim, June 27, 2025, request for time extension, UPC_CFI_344/2025
Harmonization of time limits is justified for efficient case management in multi-defendant cases: The Court aligned time limits for statements of defense for defendants represented by the same counsel and with close corporate ties to avoid procedural complications and promote efficiency. Harmonized time limit for statements of defense also applies to any counterclaim for revocation:…
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LD Munich, July 3, 2025, procedural order on security for costs (R. 158 RoP), UPC_CFI_127/2024 et al
Even if the Defendant of an infringement action is, formally, at the same time the Claimant of a counterclaim for revocation, they are entitled to a security also for procedural costs caused by filing the counterclaim for revocation pursuant to Art. 69(4) UPCA and Rule 158.1 RoP.: According to the Court of Appeal’s decision in…
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LD Munich, July 2, 2025, procedural order on security for procedural costs (R. 158 RoP), UPC_CFI_245/2025
An intervener on the Defendant’s side does not have to provide security for procedural costs pursuant to Rule 158 RoP. : While the intervener is to be treated as a party pursuant to Rule 315.4 RoP and may be liable for cost reimbursement as such, this is a different question from whether they have to…
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LD Düsseldorf, June 30, 2025, order on reimbursement of Court fees, UPC_CFI_504/2023
Oral procedure is closed in the meaning of Rule 370.9 (c) RoP with the closure of the oral hearing.: Rules 111 to 119 RoP do not include a definition of the closure of oral procedure. However, it follows from Rule 111 (b) RoP, which stipulates that the Presiding Judge shall “ensure that the action is…
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LD Munich, June 20, 2025, order on preliminary objection, UPC_CFI_149/2024, UPC_CFI_127/2024
In the case of service outside the UPCA Contracting Member States, preliminary objections must be filed within one month of the actual date of service.: R. 271.6 (b) RoP stating that a statement of claim shall in general be deemed to be served on the addressee on the tenth day following posting does not apply…
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LD Düsseldorf, June 16, 2025, decision on infringement, UPC_CFI_140/2024
Reference to dependent claims by the parties for the first time in the oral proceedings for the interpretation of the independent claims may not be late.: The interpretation of a patent claim is a matter of law. The Court must independently construe the claims. The first reference to (further) subclaims at the oral hearing may…
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LD Mannheim, June 6, 2025, Procedural Order in infringement action, UPC_CFI_745/2024
Broad interpretation of motion for damages: A broadly phrased motion for damages can include damages from ancillary transactions, even if not explicitly stated. The court interpreted the Claimant’s initial motion for “all damages” to include profits from sales of sealing materials and service contracts connected to the allegedly infringing machines, based on the Claimant’s arguments…
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LD Mannheim, June 6, 2025, Procedural Order, UPC_CFI_745/2024 (CCR: UPC_CFI_200/2025)
No special treatment for amendments in counterclaims for revocation: The Rules of Procedure on amendments apply equally to counterclaims for revocation as to infringement actions; no leniency is afforded to counterclaimants. All grounds for revocation and supporting documents must be included with the initial counterclaim. Late-filed prior art faces strict scrutiny: New prior art can…
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LD Munich, June 6, 2025, decision, UPC_CFI_324/2024, UPC_CFI_487/2024
Burden of proof for non-infringement: If the defendant claims that infringement is impossible due to factors outside the scope of the patent claim, the defendant must prove this. The claimant does not need to address such external factors. In the decision, the defendant unsuccessfully argued that infringement was impossible due to the design of existing…
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LD Mannheim, June 6, 2025, Decision, UPC_CFI_471/2023
No equivalent infringement without essentially the same effect : According to all doctrines of equivalence or equivalence tests of the UPC contracting member states, equivalent patent infringement is ruled out if there is no technical-functional equivalence of the substitute means in the sense that the modified means do not perform essentially the same function in…
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Milan Local Division, June 2, 2025, Order, UPC_CFI_181/2025
Joint request for stay of proceedings removes court discretion (Rule 295(d) RoP, Art. 43, 76(1) UPCA): When all parties jointly request a stay, the court must grant it, regardless of the permissive wording in the rule. This upholds party autonomy in determining the subject matter and conduct of their case. Partial stays are permitted for…
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LD Mannheim, June 3, 2025, Order, UPC_CFI_365/2023
Pre-emptive enforcement warning rejected: Applications for advance warnings of penalties for non-compliance are likely to be rejected if the court has already exercised discretion on enforcement. The claimant’s request for a warning of daily penalties was denied, as the court had already decided not to set such terms in the main proceedings. Time period for…
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LD Munich, May 28, 2025, Order, UPC_CFI_63/2025
Ex parte evidence preservation and inspection orders may be granted if the applicant provides sufficient evidence of likely infringement (Art. 60 UPCA, Rules 192, 197.3 RoP).: The court will grant such orders without hearing the defendant if the applicant submits all reasonably available evidence supporting a likelihood of patent infringement or threat thereof. The review…
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LD Mannheim, May 28, 2025, Order, UPC_CFI_410/2023
No reimbursement of court fees after withdrawal on the eve of the pronouncement of the decision on the merrits.: Assuming an exceptional case pursuant to R 370.9 (e) RoP, the court denies the reimbursement of court fees. The court points out that at the time of withdrawal, the decision was fully drafted and signed and…
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LD Paris, May 23, 2025, Decision on the merits, UPC_CFI_163/2024
Assessment of original disclosure: The possibility of alternative options for relative positions of two elements of the claimed subject matter does not imply that a feature directed at one of the elements lacks support, as these alternatives are options, and are not inextricably connected with the arrangement of the feature as claimed (sec. 66). Provided…
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LD The Hague, May 23, 2025, Order on preliminary objection, UPC_CFI191/2025 and 192/2025
International jurisdiction by anchor defendant.: Pursuant to Art. 8(1) Brussels ibis Regulation (BR), a person domiciled in an EU Member State may also be sued, where he is one of a number of defendants, in the courts for the place where one of them is domiciled. In the present case, the judge rapporteur held it…
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LD Dusseldorf, May 21, 2025, order on application for cost security, UPC_CFI_758/2024
Requirements for requesting cost security based on undue burden of enforcement in a foreign jurisdiction: Pursuant to Article 69(4) UPCA and Rule 158.1 RoP, the Court may, upon a party’s request, order the opponent to provide adequate security for the legal costs and other expenses incurred by the defendant, which the applicant may be liable…
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