Topics: front-loaded
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CD Paris, January 21, 2025, decision on validity, UPC_CFI_311/2023
A revocation claimant must present all grounds of invalidity with the Statement of Claim: In revocation actions, the claimant is required to specify the grounds of invalidity that allegedly affect the contested patent, as well as prior art documents relied upon to support any allegation of lack of novelty or inventive step in its statement…
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CD Paris, January 17, 2025, decision in first instance on validity, UPC_CFI_316/2023
“Generous standard” with regard to late-filed facts and evidence: While the front-loaded approach of the UPC system requires the parties so submit facts and evidence relied on as early as possible, a generous standard is to be applied with regard to submissions in a Reply to a Statement of Defence. A Claimant is allowed to…
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CD Paris, December 18, 2024, decision in revocation action, UPC_CFI_454/2023
Standstill provisions do not impact UPC’s jurisdiction: Even if a standstill provision requiring pre-suit notification is breached, this does not affect the Court’s jurisdiction or the admissibility of the action. The Court emphasized that access to justice is a fundamental right (Art. 47 of the Charter of Fundamental Rights of the EU), but that such…
4 min Reading time→
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