Institutions: Luxembourg Court of Appeal
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CoA, July 15, 2025, review of orders to preserve evidence, UPC_CoA_327/2025, UPC_CoA_002/2025
A request for preserving evidence does not require that this measure is sought without unreasonable delay. : It is necessary to distinguish between the assessment of urgency in the context of an application for preserving evidence (R. 194.2(a) RoP) and the assessment of urgency in the context of an application for provisional measures (R. 209.2(b)…
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CoA, Order of July 12, 2025, R 220.2 RoP Appeal on security for costs
Security for Costs: The Court of Appeal upheld the Court of First Instance’s order requiring the appellant to provide €300,000 as security for the respondent’s costs (Art. 69 UPCA, R. 158 RoP).The Court emphasized the legitimate concern about the appellant’s ability to pay costs.The amount was deemed consistent with the value of the case.The Court…
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CoA, July 12, 2025, Decision concerning application for a decision by default (R. 355 RoP)
R 355.2 RoP limited to a decision by default against the Defendant: R. 355.2 RoP only applies when a decision by default is sought “against the defendant of the claim “. It does not apply when a decision by default is requested by the defendant against the claimant because the claimant failed to take a…
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CoA, July 10, 2025, procedural order concerning an application for suspensive effect, UPC_CoA_581/2025
Application for suspensive effect can only be granted if the circumstances of the case justify an exceptionto the principle that the appeal has no suspensive effect: Exceptional circumstances may justify a request for suspensive effect. Examination whether, on the basis of the relevant circumstances of the case, the appellant’s interest in maintaining the status quo…
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Court of Appeal, July 3, 2025, order re. members of confidentiality club, UPC_CoA_221/2025 et al
The number of US attorneys authorized to access confidential information shall not be greater than necessary in order to ensure compliance with the right of both Appellant and Respondents to an effective remedy and to a fair trial.: According to R. 262A.6 RoP, the number of persons to whom access is restricted shall be no…
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Court of Appeal, July 3, 2025, order re. appeal against cost decision, UPC_CoA_153/2025
The cost decision after the withdrawal of an action (or a request for provisional measures) is made in accordance with the general regulations in Rules 150 et seqq. RoP.: According to Rule 265.2(c) RoP, the Court shall “issue a cost decision in accordance with Part 1, Chapter 5” in case a withdrawal is permitted. This…
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Court of Appeal, June 26, 2025, order concerning security of costs and disposal of an action that has become devoid of purpose
When an applicant withdraws its request for provisional measures on appeal, the action becomes devoid of purpose. The Court may then dispose of the action under R. 360 of RoP.: The extent of the legal review in relation to costs (Art. 69 (1) UPCA) where the action is disposed of according to R. 360 RoP…
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Court of Appeal, June 23, 2025, order concerning an application for the revocation of provisional measures, UPC_CoA_286/2025
Court fees are considered paid on time if the transfer order is given to the bank when lodging the pleading or application, provided the payment is subsequently received.: This interpretation of Art. 70(2) UPCA and R. 371 RoP ensures that the lodging party has control and can easily verify the timely payment. In view of…
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Court of Appeal, June 20, 2025, order concerning security for costs (R. 158 RoP), UPC_CoA_393/2025
Security for costs can only be requested by defendants, not claimants, in infringement or revocation actions: According to Art 69 (4) UPC Agreement (UPCA), at the request of the defendant, the court may order the claimant to provide adequate security for the legal costs and other expenses incurred by the defendant which the claimant may…
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CoA Luxembourg, June 19, 2025, application for rehearing, UPC_CoA_402/2024, UPC_CoA_405/2024
The circumstances on which the application for rehearing is based must not already have been know during the first instance or appeal proceedings.: Art. 81(1) UPCA offers the possibility to request a rehearing after a final decision when, it is based on an act which has been held to constitute a criminal offence or in…
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Court of Appeal, June 6, 2025, decision, UPC_CoA_618/2024
Deadline for filing an application for a cost decision in proceedings re provisional measures : If the successful party wishes to obtain a decision on costs, it must submit an application for the determination of costs within one month of service of the decision. The one-month period for filing an application for the determination of…
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Court of Appeal, June 6, 2025, procedural order, UPC_CoA_434/2025
Requirements for suspensive effect of an appeal: An appeal shall only be granted suspensive effect if the circumstances of the case justify an exception. This may be the case for orders of communication of information according to Art. 67 UPCA. However, the risk of irreparable harm, if the suspensive effect is not granted, has to…
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Court of Appeal, May 30, 2025, Orders, UPC_CoA_845/2024, UPC_CoA_50/2025
Appeals and cross-appeals are broadly admissible, but the Court will not worsen the position of the appealing party (reformatio in peius) (Art. 73(2) UPCA, R. 220.1, R. 226(b) RoP).: The Court apportions costs based on the degree of success, considering equity and the reasonableness of the parties’ positions. Orders to communicate information must specify a…
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Court of Appeal, June 2, 2025, Order, UPC_CoA_156/2025
UPC competence is not temporally limited (Art. 32(1) UPCA).: The Court’s jurisdiction extends to acts of infringement before the UPCA’s entry into force, provided the patent is within the UPC’s competence at the time of action. The absence of a temporal limitation in Art. 32(1) UPCA aligns with the UPCA’s objective to unify patent litigation…
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Court of Appeal, May 23, 2025, Order, UPC_CoA_7/2025
Withdrawal of appeal permitted where both parties consent and no legitimate interest remains (Rule 265.1 RoP).: The Court of Appeal allowed the claimant to withdraw the appeal after the respondent consented, as neither party had a legitimate interest in continuing the proceedings. 40% reimbursement of court fees granted for withdrawal before closure of interim procedure…
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CoA, May 28, 2025, Order, UPC_CoA_808/2024
Reimbursement of fees: no extension of written procedure by opportunity for further written submissions.: In appeal proceedings (without cross-appeal), the written procedure ends with the submission of the statement of response by the respondent pursuant to R 235, R 239.1 RoP. The written procedure is not extended if the parties are allowed to file further…
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Court of Appeal, May 21, 2025, order on application for suspensive effect, UPC_CoA_365/2025
Order of suspensive effect of an appeal requires exceptional circumstances: Pursuant to Article 74(1) UPCA, an appeal does not have suspensive effect unless the Court of Appeal decides otherwise upon a reasoned request by a party. The Court of Appeal may therefore only grant such a request if the circumstances of the case justify an…
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