Topics: Preliminary Objection
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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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