Topics: Preliminary Objection
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Court of Appeal, September 18, 2024, order concerning a preliminary objection and a request for an order pursuant to R. 361 RoP, UPC_CoA_265/2024 et. al.
Key Takeaways Referral of certain objections raised with a preliminary objection to the main proceedings can be reasonable: R. 20.2 RoP allows that objections are referred to the main proceedings. An objection to the Court’s jurisdiction for damages suffered in the UK and Northern Ireland can be dealt with in the main proceedings for case…
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CoA, September 3, 2024, Order on international jurisdiction and competence, UPC_CoA_188/2024
1) Art. 7(2) in conjunction with Art. 71b(1) of the Brussels I recast Regulation must be interpreted as meaning that the UPC has international jurisdiction in respect of an infringement action where the European patent relied on by the claimant has effect in at least one Contracting Member State and the alleged damage may occur…
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Court of Appeal, June 21, 2024, Order on request to stay proceedings, UPC_CoA_227/2024
Stay of proceedings following an appeal only in case of a “reasoned request” : If an appeal is lodged against an order rejecting a preliminary objection, the Court of Appeal may stay the proceedings at first instance on a “reasoned request” by a party (R. 21.2 RoP). A statement which lacks any reasons as to…
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CD Paris, Preliminary objection of a revocation action, May 2, 2024, UPC_CFI-484/2023
The UPC has jurisdiction for the central revocation action even if a prior national revocation action is pending: The asserted patent is only validated in Germany. In 2021, Nokia Solutions and Networks GmbH & Co. KG filed a national revocation action with the German Federal Patent Court (GFPC) against the proprietor (Mala Technologies), which was…
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CD Paris, May 10, 2024, Order re Preliminary objection, UPC_CFI_589997/2023
The violation of a standstill agreement does not constitute grounds for challenging the jurisdiction of the Unified Patent Court: Lack of jurisdiction can occur when a different court or a different body (as an arbitration board) which is part of a different judicial system have the power to address the dispute (‘relative’ lack of jurisdiction)…
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CoA, March 21, 2024, order, UPC_CoA_486/2023
An appeal against a decision of the judge rapporteur can be admissible if it is the subject of the appeal whether the judge rapporteur was entitled to issue the decision under appeal.: R 220.3 RoP provides for the admission of an appeal against an order issued by a panel. However, the order under appeal was…
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CD Paris, 20 February 2024, Order of the Court of First Instance, UPC_CFI_454/2023
Strict requirements for extensions of deadlines: The Court may extend a deadline set by the Rules of Procedures only in case a party alleges and gives evidence that it will not be able or was not able to meet it because of a fact that makes the submission of a document or the arrangement of…
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LD Munich, 11 December 2023, order of the court of first instance of the UPC, UPC_CFI_9/2023
A notification by the judge-rapporteur under Rule 20.2 RoP that a preliminary objection is to be dealt in the main proceedings cannot be challenged on appeal, nor can it be made the subject of a review by the panel pursuant to Rule 333.1 RoP.: The judge-rapporteur and not the panel shall decide on inadmissible applications…
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CD Paris, 13 November 2023, order on preliminary objection, UPC_CFI_255/2023
Scope of Article 33 (4) UPCA: same parties: Art. 33(4) UPCA concerns, inter alia, the jurisdiction for revocation actions. If an action for infringement between the “same parties” relating to the same patent has been brought before a local or a regional division, revocation actions may only be brought before the same local or regional…
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CD Munich, 4 October 2023, order in preliminary objection proceedings, UPC_CFI_252/2023
A lis pendens objection may be subject of a preliminary objection.: The international jurisdiction of the UPC, including objections based on Art. 29 and Art. 30 Regulation Brussels Ibis may be the subject of a preliminary objection under Rule 48 in connection with Rule 19.1(a) RoP. In accordance with Art. 31 UPCA, the international jurisdiction…
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LD Munich, 29 September 2023, order, UPC_CFI_15/2023
Filing of preliminary objection via an inappropriate workflow: Filing of preliminary objection via an inappropriate workflow is to be rejected as inadmissible (Article 42.2 UPCA). However, due to the early stage of the UPC proceedings and the resulting lack of experience with the UPC and its Rules of Procedure, the preliminary objection in the current…
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CD Munich, 24 August 2023, order rejecting a preliminary objection of the court of first instance of the Unified Patent Court, UPC_CFI 1/2023
Action brought at date and time (hours, minutes, seconds) of filing: The actual date (year, month, day) and time (hours, minutes, seconds) of filing an action is decisive for the question of when an action has been brought in the meaning of Art. 33.4 UPCA. Hard-copy filings (R. 4.2 RoP) in first instance not only…
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LD Munich, 10 August 2023, final decision on request for extension of deadline, UPC_CFI_15/2023
Extension of time limit for preliminary objection (R. 19 RoP): In case of more than one defendant, the Rules of Procedure do not require an alignment of the time limit for preliminary objection for the different parties. Usage of case management system at early stage of UPC : Working with the new procedural law and…
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