Institutions: Regional Division
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Nordic-Baltic Regional Division, December 11, 2024, order on adjournment of oral hearing, UPC_CFI_380/2023, ACT_582093/2023
The Court may stay proceedings relating to a patent which is also the subject of opposition proceedings before the EPO when a rapid decision may be expected from the EPO: The request to stay the proceedings shall be decided on the basis of R. 295(a) RoP in conjunction with Art. 33(10) UPCA. In exercising its…
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RD Nordic-Baltic, September 18, 2024, Procedural Order on a request for access to the written pleadings and evidence, UPC_CFI_8/2023
Requirements for a “reasoned request” for access under Rule 262.1(b) RoP: The UPC clarified that a “reasoned request” under Rule 262.1(b) RoP requires more than a general interest. The applicant must provide a specific and credible explanation for needing access to court documents, demonstrating a genuine need beyond publicly available information In this case, the…
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RD Nordic-Baltic, Procedural order on stay of proceedings, UPC_CFI_380/2023
During the written procedure, Article 33(10) UPCA and Rule 295(a) RoP give the Court a possibility to stay proceedings relating to a patent which is also the subject of opposition proceedings before the EPO if a rapid decision may be expected from the EPO: The Court must respect the fundamental right to an effective legal…
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RD Nordic-Baltic, August 20, 2024, Procedural Order, UPC_CFI_380/2023
Security for legal costs, party located in the United States: Since the imposition of a security for legal costs constitutes a restriction of the right to an effective remedy before a court, the need to protect the defendant has to be weighed against the burden on the claimant caused by an order to provide a…
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Nordic-Baltic Regional Division, 8 September 2023, UPC_ CFI_11/2023
If an infringement action is withdrawn before the Statement of Claim is served on defendants, this is a withdrawal before the closure of the written procedure in the meaning of R. 370.9 RoP. Consequently, 60% of the court fees will regularly be reimbursed upon reasoned application.: Interestingly, the Regional Division did not comment on how…
3 min Reading time→
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