Topics: Art. 63 UPCA
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LD Milan, November 4, 2024, decision, UPC_CFI_241/2023
No stay of proceedings due to parallel counterclaim for revocation: There is no basis for a stay (R. 295(m) RoP) of an infringement action, where the defendant has acknowledged the validity of the patent and infringement without exception, for the purpose of awaiting the Court’s decision on the counterclaim for revocation introduced in a parallel…
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Court of Appeal, October 29, 2024, order, UPC_CoA_549/2024
Order on suspensive effect of appeal if impugned decision is evidently incorrect.: The suspensive effect may be ordered in particular if the order against which the appeal is directed is evidently incorrect. Whether there is an evident violation of the law is assessed on the basis of the factual findings and legal considerations that provide…
4 min Reading time→
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