Topics: discretion of the court
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Milan Local Division, June 2, 2025, Order, UPC_CFI_181/2025
Joint request for stay of proceedings removes court discretion (Rule 295(d) RoP, Art. 43, 76(1) UPCA): When all parties jointly request a stay, the court must grant it, regardless of the permissive wording in the rule. This upholds party autonomy in determining the subject matter and conduct of their case. Partial stays are permitted for…
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Court of Appeal, April 11, 2025, Amendment of claim and addition of a defendant, UPC_CoA_169/2025
Discretion of the Court of First Instance when applying Rules on amendment of claims and addition of parties (Rule 263 and 305 RoP).: The Court of First Instance has a broad discretion when considering allowance of amendments to claims and the addition of parties under Rule 263 and 305 RoP. The Court of Appeal clarified…
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LD Munich, 14 April 2025, Procedural Order, UPC_CFI_127/2024
Discretion to separate proceedings, Rule 303(2) RoP: The UPC has the discretion to separate proceedings involving multiple defendants. When deciding whether to separate, the court will consider procedural efficiency and whether any party would be unfairly disadvantaged. In this case, the court identified arguments both for and against seperation. While the proceedings against some defendants…
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CD Paris, 27 February 2024, order on request to amend the patent, UPC_CFI_255/2023
Request to further “amend the case” or “amend the patent” by defendant in revocation action due to invalidity attacks brought in the parallel counterclaim for revocation was rejected: Defendant in revocation action applied to amend the patent in due time, i.e, within the time period for lodging the defence to revocation. It then requested a…
6 min Reading time→
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