Topics: late filing
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LD Düsseldorf July 30, 2025 Decision on merits, UPC_CFI_26/2024
Late filed argument based on known document: The Court can reject a new line of arguments pursuant to R. 9.2 RoP in a case where the issue has been raised from the outset and the new argument is based on completely different passages of a lengthy document. Neither the Court nor the other party may…
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LD Düsseldorf, June 16, 2025, decision on infringement, UPC_CFI_140/2024
Reference to dependent claims by the parties for the first time in the oral proceedings for the interpretation of the independent claims may not be late.: The interpretation of a patent claim is a matter of law. The Court must independently construe the claims. The first reference to (further) subclaims at the oral hearing may…
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Court of Appeal, May 21, 2025, order on application for suspensive effect, UPC_CoA_365/2025
Order of suspensive effect of an appeal requires exceptional circumstances: Pursuant to Article 74(1) UPCA, an appeal does not have suspensive effect unless the Court of Appeal decides otherwise upon a reasoned request by a party. The Court of Appeal may therefore only grant such a request if the circumstances of the case justify an…
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CoA Luxembourg, March 24, 2025, procedural order UPC_CoA_835/2024
Submissions after the conclusion of written proceedings are not admissible: Additional grounds of appeal that are not raised within the time limit for the statement of grounds of appeal provided for in R. 224.2 RoP are inadmissible, R. 233.3 RoP A further exchange of written pleadings may be permitted at the reasoned request of a…
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CD Paris, November 5, 2024, Revocation action, UPC_CFI_309/2023
R. 30 (1) (c) RoP does not set out the consequence that all amendments proposed (auxiliary requests) should be dismissed en bloc as not meeting the criterion of being reasonable in number.: Only some of the proposed auxiliary requests may be admitted. The Court can limit a patent by an amendment of the claims and…
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CD Paris, November 5, 2024, Revocation action, UPC_CFI_315/2023
The Court does not evaluate reasons for revocation that the Claimant has not raised.: The Claimant defines the scope of evaluation for a revocation action. If a party, in its first submission, raises an argument and the other party takes issue with this argument in reply, the party may further substantiate its initial argument in…
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CoA, October 21, 2024, Request for submission of new evidence, UPC_CoA_297/2024
New contradictory statements of the other party do not justify the submission of new evidence at appeal stage: Rule 222 of the Rules of Procedure (RoP) grants the Court of Appeal discretion to disregard new evidence not previously submitted to the Court of First Instance. In exercising this discretion, the Court considers: (a) whether the…
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CoA Luxembourg, September 25, 2024, order on provisional measures, UPC_CoA_182/2024
Background and first instance decision: This decision relates to an appeal regarding a decision on provisional measures and, in particular, answers the question whether submissions from the main proceedings (and related counterclaim for revocation) are to be considered during the appeal stage of provisional measures. The first instance had issued a preliminary injunction in ex…
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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.…
11 min Reading time→
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