Institutions: Vienna Local Division
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LD Vienna, January 15, 2025, order in first instance on infringement, UPC_CFI_33/2024
No action for revocation despite objection of nullity: If the allegation is made in the proceedings that the patent is invalid, the statement of defence must contain a counterclaim for revocation of the patent against the proprietor of the patent (R. 25 RoP, R. 42 RoP). Without such counterclaim, the invalidity defence (here: exceeding the…
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LD Vienna, August 12, 2024, Procedural order on publicity of pleadings and evidence, UPC_CFI_33/2024
Weighing of interests when deciding on a request for the provision of pleadings and evidence pursuant to R 262.1 (b) RoP: If a request for the provision of pleadings and evidence is made by a member of the public pursuant to R 262.1 (b) RoP, the interests of that member of the public to have…
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LD Vienna, July 30, 2024, Procedural order concerning security for costs of proceedings, UPC_CFI_33/2024
Sufficient interest for intervention to be admissible: The legal interest required for the admissibility of the intervention is given if the intervener has a direct and present interest in the issuance of the order or decision requested by the assisted party. Purchase of accused product establishes interest for intervention to be admissible: Such a legal…
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LD Vienna, 13 September 2023, order on request for preliminary measures, UPC_CFI_182/2023
PI request is an “action” pursuant to Rule 5.6 RoP: An application for a provisional measure or an injunction is an “action” pursuant to Rules 5 and 5A of the Rules of Procedure (RoP) of the Unified Patent Court. This follows, in particular, from the wording of Art. 32(1) (c) UPCA, which uses the term…
3 min Reading time→

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