Topics: Expedition of the appeal
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CoA, September 6, 2024, procedural order, UPC_CoA_457/2024 and UPC_CoA_458/2024
The possibility that an injunction might be granted by the Court of First Instance (Local Division) in infringement proceedings based on a patent that has been upheld in first instance revocation proceedings, but may subsequently be revoked by the Court of Appeal, is not sufficient to justify expediting the appeal proceedings.: The two Defendants in…
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Court of Appeal, May 22, 2024, order concerning an expedition request, UPC_CoA_218/2024 et al.
Requirements for request for expedition of proceedings pursuant to R.9.3 RoP : A request to expedite appeal proceedings, namely a request to shorten any deadlines where possible pursuant to R. 225(e), R.9.3 RoP, requires the Applicant (here: Volkswagen AG) to explain that and why it would have a particular interest in the concerned brief (here:…
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Court of Appeal, February 22, 2024, order for expedition of the appeal, UPC_CoA_36/2024
If the appellant takes full advantage of the 15-day deadline for lodging the Statement of appeal and the Statement of grounds of appeal pursuant to Rule 224.1(b) and Rule 224.2(b) RoP, a request for expedition of the appeal proceedings by shortening deadlines must be rejected: An expedition would not sufficiently take into account the respondent’s…
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CoA Luxembourg, 20 December 2023, UPC_CoA_478/2023, App_594342/2023
In proceedings before the Court of Appeal, which do not involve technical issues, the Court of Appeal can decide without technically qualified judges: In an appeal against an order pursuant to R.323 RoP (language of the proceedings) a request by the Appellant applied for on the last day of the time periods under R. 224.1(b)…
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