Topics: opt-out
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Court of Appeal, November 12, 2024, order concerning the jurisdiction of the Unified Patent Court (Art. 83 UPCA), UPC_CoA_489/2023, UPC_CoA_500/2023
If a patent has been opted out of the jurisdiction of the UPC, this opt-out can only be validly withdrawn, if no action according to Art. 32 UPCA concerning the relevant patent has commenced at a national court since June 1, 2023: The term “action” in Art. 83 UPCA refers not only to infringement and…
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Court of Appeal, 4 June 2024, Order of the Court of Appeal, UPC_CoA_79/2024
Art. 83(3) UPCA must be interpreted such that a valid opt out application requires that it is lodged by or on behalf of all proprietors of all national parts of a European patent: According to R.5.1(b) RoP an opt-out must be made in relation to all national parts of an EP patent. In addition, …
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LD Helsinki, Decision of 20 October 2023, UPC_CFI_214/2023
Withdrawal of opt-out ineffective: dismissal due to lack of jurisdiction: An infringement action and a request for provisional measures were filed based on European Patent EP 3 295 663 (EP’663). The LD Helsinki dismissed both due to lack of jurisdiction of the UPC Courts . EP’663 was opted out on May 12, 2023, and the…
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