Topics: infringement action
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LD The Hague, November 22, 2024, Decision on the merits, UPC_CFI_239/2023
Assessment of the scope of protection in infringement cases in two steps: (i) literal infringement; (ii) infringement by equivalence: The UPCA contains no provision on the infringement by equivalence, however, Art. 2 of the Protocol to Art. 69 EPC makes clear that equivalence must be considered: “For the purpose of determining the extent of protection…
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LD Dusseldorf, October 31, 2024, order on provisional measures, UPC_CFI_368/024
No uniform urgency period.: The urgency period is to be measured from the date on which the applicant is or should have been aware of the infringement. Whether a delay is unreasonable depends on the circumstances of the individual case. There is no fixed deadline by which the applicant must submit its application for provisional…
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LD Munich, September 13, 2024, infringement action: decision on the merits, UPC_CFI_390/2023
No stay of the proceedings due to national nullity proceedings re. German part of patent-in-suit: Requirements of R. 295(a) RoP not fulfilled, appeal of the German Federal Court of Justice (FCJ) against the first instance decision of the German Federal Patent Court (FPC) is not expected to be given rapidly. A stay according to R.…
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LD Milan, 6 June 2024, Procedural Order of the Court of First Instance, UPC_CFI_241/2023
Request for information regarding distribution channels: Showing a product at a trade fair in the territory covered by the patent does not automatically create evidence of market entry – burden of proof is with the claimant. A claimant’s request for declaration of defendant’s chain of sale/resale is not justified in case that defendant confirms that…
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LD Mannheim, 13 June 2024, Order of the Court of first instance, UPC_CFI_219/2023
Extension of time limit (only) for response to redacted FRAND submission: Claimant filed its reply brief with heavy redactions re. the FRAND part. Hence, upon Defendant’s request the deadline for filing its rejoinder brief was extended as it relates to these redactions. However, as the parts re. infringement and validity of the patent were not…
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LD Paris – May 6, 2024 – UPC_CFI_440/2023 – procedural order
An intervener may not develop claims contrary to those of the party it supports, and may not autonomously develop claims and procedural modalities distinct from those offered to the party it supports.: Consequently, an intervener that has not filed a counterclaim for invalidity within the time limit set for the party they support cannot claim…
2 min Reading time→
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