Topics: intervener
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LD Munich, July 2, 2025, procedural order on security for procedural costs (R. 158 RoP), UPC_CFI_245/2025
An intervener on the Defendant’s side does not have to provide security for procedural costs pursuant to Rule 158 RoP. : While the intervener is to be treated as a party pursuant to Rule 315.4 RoP and may be liable for cost reimbursement as such, this is a different question from whether they have to…
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LD Vienna, January 15, 2025, order in first instance on infringement, UPC_CFI_33/2024
No action for revocation despite objection of nullity: If the allegation is made in the proceedings that the patent is invalid, the statement of defence must contain a counterclaim for revocation of the patent against the proprietor of the patent (R. 25 RoP, R. 42 RoP). Without such counterclaim, the invalidity defence (here: exceeding the…
4 min Reading time→ -
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LD Munich, October 2, 2024, Substantive Order, UPC_CFI_153/2024
Patent pool administrators have a direct legal interest in litigations concerning patents within their pools: The court, referencing Rule 313 of the Rules of Procedure of the Unified Patent Court (RoP), affirmed that a patent pool administrator possesses a direct and present legal interest in the outcome of such a lawsuit. This interest stems from…
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LD Duesseldorf, July 22, 2024, Order on a request for confidentiality, UPC_CFI_457/2023
Generally, a confidentiality club shall include at least one natural person from an intervening party: Since the intervener shall be treated as a party in accordance with R. 315.4 RoP (unless otherwise ordered by the Court), on request according to R. 262A a confidentiality club shall comprise at least one natural person from the intervener.…
1 min Reading time→
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