Topics: admissibility of appeal
-
Court of Appeal, August 21, 2026, Order on the Admissibility of the Appeal, UPC-COA-0894/2025
Logging into the CMS via secure two-factor authentication is insufficient to make effective submissions: under Rule 4.1 RoP all pleadings must be signed with a certified electronic signature: The Court of Appeal confirmed that secure authentication to log into the CMS only verifies the user’s identity for system access. It does not replace the mandatory…
4 min Reading time→ -
CoA, August 5, 2026, order on an application for suspensive effect, UPC_CoA_118/2026, UPC_CoA_119/2026, UPC_CoA_120/2026
Admissibility of appeals requires that the appellant is adversely affected by the first-instance decision under Art. 73(2) UPCA and R. 220.1 and 220.2 RoP.: An appeal by the claimant is inadmissible if the first-instance order did not rule on the admissibility of the counterclaim against the claimant, but only against the intervener. The claimant is…
5 min Reading time→ -
Contact us personally!
Tips and advice directly from our Unitary Patents professionals.
-
Court of Appeal, April 30, 2026, order rejecting appeal as inadmissible, UPC_CoA_1/2026
Ex officio assessment of admissibility: The Court of Appeal verifies ex officio compliance with the time limits and rules governing the appeal. When deciding on the admissibility of an appeal, an order rejecting the appeal as inadmissible does not exceed the scope of the claims (sec. 18, sec. 32). Strict application of rules governing the procedures…
3 min Reading time→ -
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…
5 min Reading time→ -
Court of Appeal, May 12, 2025, order on appeal against order for security of costs, especially when the action has become devoid of purpose, UPC_CoA_328/2024
Admissibility of Appeals: An appeal against an order for security of costs, brought together with an appeal against an order on provisional measures remains admissible, even if the request has become devoid of purpose (here because the appellant has later made it clear that it no longer requests provisional measures). The appellant retains a legal…
3 min Reading time→
Stay in the loop
Never miss a beat by subscribing to the email newsletter. Please see our Privacy Policy.