Topics: New evidence
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Court of Appeal, April 27, 2026, order on provisional measures, UPC_CoA_917/2025
Waiver of defence relating to invalidity: Unlike proceedings on the merits, where the Statement of defence shall include a Counterclaim for revocation (R. 25.1 RoP) if there is an assertion that the patent alleged to be infringed is invalid, an invalidity defence raised in proceedings for provisional measures is not a separate action. Similarly, a…
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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…
2 min Reading time→
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