Topics: Art. 68(1) UPCA
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LD Milan, July 10, 2026, decision by default, UPC_CFI_766/2024
Deliberate copying combined with continued infringement despite a provisional injunction establishes the infringer’s knowledge, triggering the stricter damages standard of Art. 68 (1) UPCA: Where a defendant knowingly, or with reasonable grounds to know, engages in infringing activity, the Court must order damages appropriate to the harm actually suffered (Art. 68 (1) UPCA), rather than…
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LD Munich, December 18, 2024, withdrawal of opt-out, exhaustion, and FRAND defense, UPC_CFI_9/2023
Withdrawal of opt-out effective if CMS workflow is used: The Court held that Claimant’s withdrawal of the opt-out was effective as Claimant used the online workflow in the Case Management System (CMS) according to Rule 5.7 RoP. It is not mandatory to use the provided template which is merely a non-binding support tool. The withdrawal…
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