Topics: Art. 32 UPCA
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LD Milan, April 8, 2025, Order concerning R. 19 RoP (adopting CJEU’s reasoning in BSH/Electrolux), UPC_CFI_792/2024
The UPC is considered a court of a Member State.: The UPC “shall be deemed to be a court of a Member State” pursuant the Article 71a of the Regulation (EU) n. 1215/2012 (recast) as amended by Regulation (EU) 542/2014 (“Brussels Ibis Regulation”). The interpretation provided by the CJEU applies to the UPC as if…
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LD Düsseldorf, April 10, 2025, Decision on infringement, UPC_CFI_50/2024
Claim Interpretation of Product-by-Process Claims : Product-by-process claims should be interpreted based on the technical features imparted to the product by the process, not the process itself (Art. 69 EPC, Protocol on the Interpretation of Art. 69 EPC). The court held that the key feature in this case was the ability to create a structural…
5 min Reading time→ -
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LD Munich, February 14, 2025, order on preliminary objection, UPC_CFI_437/2024
A preliminary objection based on questions regarding the claimant’s standing to bring an action is inadmissible or at least unfounded.: The Court’s jurisdiction and competence, as referred to in R. 19.1 RoP, is not linked to whether a person bringing an action is ultimately entitled to bring the action or whether it is fully entitled…
2 min Reading time→
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