Topics: late filing
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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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