Institutions: Luxembourg Court of Appeal
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CoA, April 10, 2024, public access to the register, UPC_CoA_404/2023
Art. 9(1) UPCA – no technically qualified judges required: Art. 9(1) UPCA must be interpreted such that if the subject matter of the appeal proceedings is of a non-technical nature only, and there are no technical issues at stake, the Court of Appeal may decide the matter without the need to assign two technically qualified…
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CoA, April 11, 2024, request for a decision by default, UPC_CoA_79/2024
Time period for filing a statement of appeal under R.220.2 RoP: If an appeal is lodged under R.220.2 RoP and leave is granted in the impugned order itself, the statement of appeal must be lodged within 15 days of service of that order containing the decision to grant leave (R.224.1(b) RoP). If the decision to…
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Court of Appeal, 4 June 2024, Order of the Court of Appeal, UPC_CoA_79/2024
Art. 83(3) UPCA must be interpreted such that a valid opt out application requires that it is lodged by or on behalf of all proprietors of all national parts of a European patent: According to R.5.1(b) RoP an opt-out must be made in relation to all national parts of an EP patent. In addition, …
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CoA Luxembourg, June 4, 2024, order on withdrawal of appeal, UPC_CoA_183/2024
Applicable rule for the withdrawal of an appeal: R. 265 RoP, which has a broad scope: R. 265 RoP is primarily drafted with a view to comprehensive withdrawals of whole actions. It does neither distinguish between the first instance and the appeal proceedings nor between procedural appeal and appeals in substance. It does also not…
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CoA Luxembourg, June 4, 2024, order on withdrawal of appeal, UPC_CoA_205/2024
Applicable rule for the withdrawal of an appeal: R. 265 RoP, which has a broad scope: R. 265 RoP is primarily drafted with a view to comprehensive withdrawals of whole actions. It does neither distinguish between the first instance and the appeal proceedings nor between procedural appeal and appeals in substance. It does also not…
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CoA, May 28, 2024, Order, UPC_CoA_22/2024
Regularly proceedings must be conducted in a way, which will allow the final oral hearing at first instace to take place within one year. As a general principle, the Court will not stay proceedings: Art. 33.10 UPCA and R. 295.a RoP must be applied and interpreted in accordance with the fundamental right to an effective…
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Court of Appeal, May 22, 2024, order concerning an expedition request, UPC_CoA_218/2024 et al.
Requirements for request for expedition of proceedings pursuant to R.9.3 RoP : A request to expedite appeal proceedings, namely a request to shorten any deadlines where possible pursuant to R. 225(e), R.9.3 RoP, requires the Applicant (here: Volkswagen AG) to explain that and why it would have a particular interest in the concerned brief (here:…
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CoA Luxembourg, May 13, 2024, order on provisional measures, UPC_CoA_1/2024
The CoA confirmed its standards for the claim construction as stated in the order of CoA of February 26, 2024, UPC_CoA_335/2023: The patent claim is not only the starting point but also a decisive basis for determining the scope of protection of the European Patent. The interpretation of a patent claim does not depend solely…
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CoA Luxembourg, April 26, 2024, UPC_CoA_500/2023
Time period for lodging an appeal can be extended in case of an excusable error: It is true that the time period for lodging an appeal is a mandatory time limit that cannot be extended (see R. 9.4 RoP) However, an excusable error can, in exceptional circumstances, justify a derogation from that rule. That is…
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Court of Appeal – Luxembourg (LU), May 2, 2024, Order re application for suspensive effect, UPC_CoA_177/2024
According to Article 74(1) UPCA, the appeal has no suspensive effect unless the Court of Appeal decides otherwise at the motivated request of one of the parties. : The Court of Appeal can grant the application only if the circumstances of the case justify an exception to the principle that the appeal has no suspensive…
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Court of Appeal, April 17, 2024, Order, UPC_CoA_101/2024
The decision on a R. 323 RoP (Art. 49(5) UPCA) request to change the language of proceedings into the language of the patent shall be based on all relevant circumstances related to the specific case and the position of the parties. Art. 49(5) UPCA provides that in particular the position of the defendant is to…
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CoA, March 21, 2024, order, UPC_CoA_486/2023
An appeal against a decision of the judge rapporteur can be admissible if it is the subject of the appeal whether the judge rapporteur was entitled to issue the decision under appeal.: R 220.3 RoP provides for the admission of an appeal against an order issued by a panel. However, the order under appeal was…
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CoA Luxemburg, April 3, 2024, UPC_CoA_433/2023 etc.
Rectification of the name of the defendant allowable in principle.: If the claimant has not correctly named the defendant in the statement initiating the proceedings, the Court may allow the claimant to rectify the error so long as the defendant is not unreasonably prejudiced by the incorrect statement of name and its rectification. In particular,…
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CoA Luxembourg, 26 February 2024, procedural order on application to stay, UPC_CoA_3352023
No stay of proceedings if party was declared insolvent after the oral hearing had concluded and the legal dispute was ready for a decision, R. 311.1 RoP, Art. 41 (3) UPCA: A court shall stay the proceedings if a party is declared insolvent, R.311.1. However, the Rules must be interpreted in accordance with Art. 41(3)…
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Luxembourg Court of Appeal, 18 January 2024, Order of Court of Appeal, UPC_CoA_4/2024
Orders given pursuant to Rules 360, 361 and 362 RoP: Under Rule 363.2 of the Rules of Procedure, orders given pursuant to Rules 360, 361 and 362 of the Rules of Procedure are final decisions within the meaning of Rule 220.1(a) of the Rules of Procedure. An order pursuant to Rule 360 of the Rules…
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CoA Luxembourg, 26 February 2024, order in the proceedings for provisional measures, UPC_CoA_335/2023
Claim Construction: The patent claim – to be interpreted from the point of view of a person skilled in the art – is not only the starting point, but the decisive basis for determining theprotective scope of a European patent under Art. 69 EPC in conjunction with the Protocol on the Interpretation of Art. 69…
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Court of Appeal, 15 February 2024, order on fee for the appeal
Applicable court fees if the table of fees does not provide a fee for the specific action: In the absence of a specific fee for a specific case, such a fee is to be charged for the case that is most comparable to the present case according to the table of fees. The table of…
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