Topics: Art. 80 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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LD Duesseldorf, October 31, 2024, Decision, UPC_CFI_373/2023
Preferred Embodiments Not Limiting for Claims: The claim must not be limited to the scope of preferred embodiments. The scope of a claim extends to subject-matter that the skilled person understands as the patentee’s claim after interpretation using the description and drawings. A claim interpretation which is supported by the description and drawings as a…
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