Topics: Conditional counterclaim for revocation
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LD Munich, August 17, 2026, Decision on Conditional Counterclaims for Revocation and Cost Allocation, UPC_CFI_492/2025, UPC_CFI_1309/2025
It is permissible to make a counterclaim for revocation conditional upon a finding of infringement of the patent: The court relied on the Court of Appeal’s Clarification order of 16 July 2026 (UPC_CoA_40/2026, Emboline v. AorticLab), confirming that the procedural approach of making the decision on the revocation counterclaim dependent on an infringement finding is…
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Court of Appeal, August 17, 2026, Order on Permissibility and Appeal of Conditional Counterclaims for Revocation, UPC-CoA-40/2026, UPC-CoA-123/2026
Infringement actions and revocation counterclaims are separate actions under Art. 32(1) UPCA, making a conditional counterclaim an “inter-procedural” condition that determines whether a separate appeal or a cross-appeal must be lodged: Since the infringement action and the counterclaim for revocation are adjudicated in separate proceedings, a condition linking the counterclaim to the outcome of the…
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LD Paris, August 19, 2026, Infringement action with conditional counterclaim for revocation, UPC_CFI_301/2025 and UPC_CFI_713/2025
Making a counterclaim for revocation conditional upon a finding of infringement is permissible under Art. 33(3) UPCA and promotes procedural economy.: Where the defendant requests, and the claimant does not object, that the counterclaim be decided only if infringement is found, the court may examine infringement first and defer the validity analysis to a later…
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Court of Appeal – Clarification on a conditional counterclaim for revocation – UPC-CoA-40/2026, 16 July 2026, Emboline, Inc. v. AorticLab, srl
Headnotes: Limiting a counterclaim for revocation by making it conditional upon a finding of infringement is permissible. There is a need for clarification on such a conditional counterclaim if and when the infringement claimant appeals from a finding of non-infringement by the Court of First Instance. In the event of an appeal by the infringement…
7 min Reading time→
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