Topics: Art. 32(1) UPCA
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CD Milan, October 22, 2026, preliminary objection, UPC_CFI_2221/2026
The UPC’s “inherent” jurisdiction to ensure its effectiveness: The jurisdiction extends to the abusive use of divisional applications. In revocation proceedings or actions for declaration of non-infringement, the court may decline to dispose of the action (Rule 360 RoP) and determine that a patent lacked inventive step, notwithstanding its withdrawal by the patentee: The list…
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Court of Appeal, August 4, 2026, Order, UPC_CoA_121/2026
Suspensive effect under Art. 74(1) UPCA and R. 223.2 RoP is granted only exceptionally, where the applicant proves its interest in maintaining the status quo until the decision on its appeal exceptionally outweighs the respondent’s interest.: Relying on its own case law, the Court of Appeal confirmed that an exception may apply if the impugned…
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LD Milan, June 8, 2026, Cost Decision, UPC_CFI_2046/2025
.aagb__accordion_container.no-pro-plan .aagb__accordion_body { padding: 10px !important; }Deemed service on a non-responsive foreign defendant: a registered letter is deemed served ten days after posting, regardless of whether it is collected (R. 271.6(b), R. 276.1 RoP).: Where postal service attempts are returned as “Unclaimed”, the passive or disinterested conduct of a defendant cannot obstruct the continuation of…
4 min Reading time→
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