Institutions: Luxembourg Court of Appeal
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CoA Luxembourg, August 8, 2024, service of written pleadings/other documents, UPC_CoA_405/2024
Written pleadings are served by the Registry in the electronic CMS of the Court unless service cannot be effected by means of electronic communication (R. 278.1 and 278.2 RoP): Prior communication between the parties themselves of the written pleadings via another electronic system like the German special electronic lawyer’s mailbox (besonderes elektronisches Anwaltspostfach, (beA)) cannot…
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CoA Luxembourg, August 6, 2024, order on service, UPC_CoA_205/2024
A defendant company in China cannot, as a starting point, be served a complaint via a company within the same group in a Contracting Member State: Service within the Contracting Member States is governed by R. 270 through 272 RoP. Service outside the Contracting Member States is instead governed by R. 273 and 274 RoP.…
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CoA Luxembourg, August 5, 2024, order on service of a Statement of Claim on defendants in China and Taiwan, UPC_CoA_183/2024
A defendant company in China or Taiwan cannot be served a complaint via a company within the same group in a Contracting Member State: Such a group company cannot automatically be seen as a statutory seat, central administration or principal place of business of a defendant company in China or Hongkong, nor a place where…
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CoA Luxembourg, August 5, 2024, order on service in China and Hongkong, UPC_CoA_86/2024
A defendant company in China or Hongkong cannot, as a starting point, be served a complaint via a company within the same group in a Contracting Member State: Service within the Contracting Member States is governed by R. 270 through 272 RoP. Service outside the Contracting Member States is instead governed by R. 273 and…
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CoA Luxembourg, July 30, 2024, procedural order, UPC_CoA_405/2024
No shortening of term for response in appeal proceedings due to filing of grounds of appeal prior to end of term or due to contention on a purely legal issue: The arguments that an appeal concerns purely legal issues, the appellant seeks patent protection as soon as possible and the fact that the appellant did…
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CoA Luxembourg, July 29, 2024, order on cost application, UPC_CoA_1/2024
Application for cost decision is to be lodged before the court of first instance: Proceedings for a cost decision are to be started before the court of first instance, even if the application relates to costs that accrued in appeal proceedings. The general procedure as provided in R. 150 seqq. RoP is to be followed.…
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Court of Appeal, July 23, 2024, order on appeal, UPC_CoA_177/2024
Application for preservation of evidence or inspection of premises implies a request to disclose the report on the outcome: The legitimate purpose of the procedure for the preservation of evidence or the inspection of premises (Art. 60 UPCA, R. 192 et seq.) includes the use of the evidence to decide whether to initiate proceedings on…
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Court of Appeal, June 21, 2024, Order on request to stay proceedings, UPC_CoA_227/2024
Stay of proceedings following an appeal only in case of a “reasoned request” : If an appeal is lodged against an order rejecting a preliminary objection, the Court of Appeal may stay the proceedings at first instance on a “reasoned request” by a party (R. 21.2 RoP). A statement which lacks any reasons as to…
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Court of Appeal, June 20, 2024, Order on application pursuant to R. 262A RoP, UPC_CoA_234/2024
An order by the Court of First Instance pursuant to R. 262A RoP also applies to the appeal proceedings : A non-appealed order by the Court of First Instance pursuant to R. 262A RoP that restricts access to certain information or evidence to specific persons, unless otherwise stated in the order, continues to apply after…
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Court of Appeal, February 26, 2024, order on provisional measures, UPC_CoA_335/2023
The patent claim is not only the starting point, but the decisive basis for determining the scope of protection of an EP under Art. 69 EPC in conjunction with the Protocol on the Interpretation of Art. 69 EPC: The interpretation of a patent claim does not depend solely on the strict, literal meaning of the…
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CoA, April 9, 2024, Order concerning clarification of the date of service, UPC_CoA_86/2024
In appeal proceedings the rules concerning service (R. 270-279 RoP) apply mutatis mutandis: In appeal proceedings, Chapter 2 – Service (Rules 270 – 279 RoP) applies mutatis mutandis. Consequently, if R. 271.1 RoP applied during the proceedings at the Court of First Instance (in short: an electronic address for service was provided by the defendant…
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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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