Institutions: Paris Local Division
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LD Paris, December 19, 2024, Order, UPC_CFI_358/2023
No Stay of Execution from the Court of First Instance: The Court rejected Claimant’s request for a stay of enforcement of its first instance decision during the appeal period as this decision is solely subject to the competence of the Court of Appeal according to Art. 74 UPCA and Rule 223 RoP. In such a…
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LD Paris, December 11, 2024, Decision on the merits, UPC_CFI_395/2023
Headnote 1: Order pursuant to R. 36 RoP does not authorize to raise new grounds; UPC procedure is front-loaded system.: The order pursuant to Rule 36 RoP issued by the judge-rapporteur relates to adding some arguments to the debate related to some specific terms regarding claim interpretation, but it did not authorise the defendant to raise a new…
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LD Paris, August 21, 2024, Procedural order, UPC_CFI_358/2023
Only the arguments according to its written corresponding proceeding are considered : R. 36 RoP allows the parties to request additional written submissions from the judge rapporteur on a reasoned request, in order to ensure that the principles of flexibility and adaptability and the general principle of justice and fairness set out in point 2…
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LD Paris, 24 July 2024, Procedural order of the Court of First Instance, UPC_CFI_440/2023
Pendency of an action: The pendency of an action is determined by the date of the registration with the Division concerned – in other words, the pendency of an action is independent on whether or not the defendant has already accepted service of the statement of a claim. Same parties according to Art. 33 (4)…
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LD Paris, July 4, 2024, Decision on the merits in an action for infringement with counterclaim for revocation, UPC_CFI_230/2023
The scope of the dispute brought before the Court is incontestably governed by the principle that the parties define the subject-matter of the dispute, a general principle of law which is reiterated in Art. 76(1) UPCA.: This principle allows the claimant in the main action to exclude certain acts of infringement in order to avoid…
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LD Paris, February 12, 2024, procedural order, UPC_CFI_425/2023
In case of multiple defendants in an infringement action, it is reasonable for the Judge-Rapporteur to extend the deadline for filing of a Statement of Defence to align the deadlines for all defendants: In the present case, service of the Statement of Claim was delayed for one of the three defendants. According to Rule 23…
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LD Paris, February 12, 2024, procedural order, UPC_CFI_395/2023
In case of multiple defendants in an infringement action, it is reasonable for the Judge-Rapporteur to extend the deadline for filing of a Statement of Defence to align the deadlines for all defendants: In the present case, service of the Statement of Claim was delayed for some of the fourteen defendants. According to Rule 23…
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LD Paris, April 11, 2024, procedural order, UPC_CFI_4952023
Multiple defendants and competence of the division: In the case of multiple defendants, if one of the defendants has its residence within the territory of the Local Division seized, Article 33(1)(b) UPCA must be applied, regardless of whether the other defendants are based inside or outside the Contracting Member States or inside or outside the…
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LD Paris, May 21, 2024, order concerning security for legal costs, UPC_CFI_495/2023
Claimant’s financial situation is decisive when deciding on security for legal costs: The criterion of the Claimant’s financial situation is decisive for the Court when it has to decide whether or not to order a security for the legal costs. The Applicants (Defendants in the main proceedings) submitted that there are no public records about…
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LD Paris – May 6, 2024 – UPC_CFI_440/2023 – procedural order
An intervener may not develop claims contrary to those of the party it supports, and may not autonomously develop claims and procedural modalities distinct from those offered to the party it supports.: Consequently, an intervener that has not filed a counterclaim for invalidity within the time limit set for the party they support cannot claim…
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LD Paris, March 26, 2024, Procedural Order, UPC_CFI_397/2023
Waiver of Rule 262A RoP: Even though Rule 262A RoP provides that the confidentiality club shall include at least one natural person from each party, the Court considers that it is possible for the parties to exclude access by a natural person by mutual agreement, provided that the principle of a fair trial is not…
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LD Paris, February 12, 2024, procedural order re. alternative method of service, UPC_CFI_495/2023
Requirements for alternative methods of service: If digital tracking provided by the post office shows that delivery of the Statement of claim (SoC) initiated by the Court could not be carried out, alternative methods of service are possible, R. 275.1 RoP. In the present case, Claimant subsequently suggested three methods of service that appeared to…
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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 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 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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