Topics: Application for provisional measures
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LD The Hague, June 19, 2024, Order of the Court of First Instance, UPC_CFI_130/2024
LD has competence to hear the case in respect to Ireland: The court read Applicant’s application to also cover Ireland, which is a signatory state to the UPCA and therefore a Contracting Member State, even though Ireland has not yet ratified the Agreement. Pursuant to Art. 31 UPCA which provides that the international competence of…
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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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LD Hamburg, May 14, 2024, order, UPC_CFI_151/2024
Security for costs in the proceedings for provisional measures: Art. 69.4 UPCA explicitly refers to proceedings for the application of provisional measures pursuant to Art. 62 UPCA. R. 158 RoP is thus also applicable in the proceedings for provisional measures. The request for a security for costs is in line with the EU law and…
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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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LD Duesseldorf, April 30, 2024, Order on provisional measures, UPC_CFI_463/2023
Rebuttable presumption that the person registered as the patent proprietor is entitled to be registered pursuant to R. 8.5 (c) RoP: If in the case of a European patent a person is registered as the patent proprietor in the respective national register, there is a rebuttable presumption that the person recorded in the respective national…
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LD Dusseldorf, March 22, 2024, procedural order, UPC_CFI_463/2023
Simultanous interpretation in both directions is available for representatives who do not speak the language of the procedure.: Simultanous interpretation is available to the extent deemed appropriate (Art. 51.2 UPCA). Representatives whose language skills suffice to plead in the procedural language may not use simultanous interpretation. No prior request for simultanous interpretation needs to be…
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LD Duesseldorf, 25 January 2024, procedural order, UPC_CFI_452/2023
Assessment of validity of the patent in proceedings for provisional measures : In proceedings for provisional measures, the panel must assess, based on the submissions of the parties, whether the validity challenges raise reasonable doubts about the validity of the asserted patent, Article 62(4) of the UPCA in conjunction with Rule 211.2 of the Rules…
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LD Düsseldorf, 24 January 2024, procedural order, UPC_CFI_452/2023
CMS workflow for the request under R. 212.3 RoP: In order to ensure that the proceedings run as seamlessly as possible, the CMS provides for a separate workflow for the submission of a request to review in accordance with R. 212.3 RoP. The panel may grant a party the right to re-file a request filed…
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LD Duesseldorf, 29 January 2024, UPC_CFI_463/2023
Assessment of validity of the patent in proceedings for provisional measures : In proceedings for provisional measures, the panel must assess, based on the submissions of the parties, whether the validity challenges raise reasonable doubts about the validity of the asserted patent, Article 62(4) of the UPCA in conjunction with Rule 211.2 of the Rules…
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LD Munich, 20 December 2023, order of court of first instance of the UPC, UPC_CFI_292/2023
The original version of a claim of an European patent and any amendments made thereto during the grant proceedings can be used as aid for interpreting the claim. : In principle, a party unsuccessfully applying for provisional measures has to bear the costs incurred by the other party for filing a protective letter.: Division Local…
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