Institutions: The Hague Local Division
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LD The Hague, June 25, 2024, procedural order, UPC_CFI_195/2024
Applicant/Defendant has to bear the cost of simultaneous interpretation in the case of a Polish translation : To effectively meet the requirements of the fundamental right to be heard, it is important to allow parties to use simultaneous interpreter(s) if they deem this necessary to enable them to fully participate in the oral hearing that…
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LD The Hague, May 1, 2024, UPC_CFI_379/2023, Procedural order
Withdrawal of action pursuant to R. 265 RoP and reimbursement of court fees: An application to withdraw shall be permitted if the other party consents to the withdrawal. The Court then issues a decision declaring the proceedings closed, resp. the case terminated. The decision includes a decision on costs and the decision will be published…
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LD The Hague, 4 March 2024, Order on confidentiality regarding financial information, UPC_CFI_239/2023
Limitation to “attorneys eyes only” possible under R. 262A RoP on protection of confidential information: Claimants applied for a confidentiality order (R. 262A RoP) regarding financial information which did not relate to the main action but to Defendant’s request for security for costs (R. 158 RoP). The LD The Hague decided that access to confidential…
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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 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 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 The Hague, 18 October 2023, order on language of the proceedings, UPC_CFI_239/2023
Change language of proceedings: case-by-case decision, but time-limit to be observed: An infringement action was filed in Dutch before the LD The Hague. The Defendant and Applicant for the request, a small Spanish start-up, requested a change of the language of the proceedings into English which is the language of the granted European Patent. The…
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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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