Topics: FRAND defence
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LD Düsseldorf, July 23, 2026, Decision on infringement and validity, UPC_CFI_87/2025 and UPC_CFI_488/2025
FRAND behaviour: consent to amend NDA required: If an NDA between the parties prevents one party from making submissions or producing documents, and the other party, without reasonable justification, refuses to amend the NDA to enable such production, this shall be to the detriment of the latter party (headnote 1, Sec. 352 et seqq.).In such…
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LD Paris, April 10, 2026, Procedural Order, UPC_CFI_301/2025
The RoP lack specific pleading rules for a FRAND defence.: Unlike in case of a counterclaim for revocation (R. 29 et seq. RoP) or an application to amend the patent (R. 30 et seq. RoP), where the number and content of the pleadings are precisely set out, the Rules of Procedure do not contain respective…
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LD Mannheim, July 24, 2025 order on value in dispute in the case of a FRAND counterclaim, UPC_CFI_850/2024
The value in dispute for FRAND counterclaims is not limited to the value in dispute of the infringement action: A FRAND counterclaim expands the subject matter beyond the infringement action, especially if not limited to the patent-in-suit, and its value is determined by the scope of the license sought. Therefore, the introduction of a FRAND…
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CoA Luxembourg, September 24, 2024, order on request to produce evidence, UPC_CoA_298/2024, UPC_CoA_299/2024, UPC_CoA_300/2024
Both, claimant and defendant can rely on R. 190.1 RoP to request an order to produce evidence.: In view of the principle of equality of arms, Art. 59 UPCA and R. 190.1 RoP have a broader scope than the initial wording may suggest (evidence in support of its claims). The purpose of these provisions is…
4 min Reading time→
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