Topics: R. 158 RoP
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CD Paris, September 27, 2024, Procedural Order on Security of Costs, UPC_CFI_164/2024
50% of ceiling of recoverable costs as security during written proccedings: The Respondent is a limited company which was registered 7 months before the present infringement action was filed and has only one employee besides the managing director. It’s business model is exclusively characterized by the enforcement of patents, namely the patent-in-suit, and asserting corresponding…
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LD Munich, October 2, Procedural Order on Security for Costs UPC_CFI_54/2024
US-based NPE has to provide security: The Claimant is a non-practicing entity with no operational business. Its business model appears to be based solely on revenues expected from patent litigation. The Claimant owns no other assets other than the patents used in multiple worldwide litigations and it has failed to substantially challenge these reasons and…
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Court of Appeal, September 16, 2024, order concerning security for costs, UPC_CoA_301/2024
Late filed requests and duty to provide evidence: The Court of Appeal may decide to disregard late filed requests, facts and evidence even if these were not objected by the other party (Rule 222.2 RoP). The Court of Appeal may exercise its discretion in this respect. When exercising this discretion, it shall take into account…
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CoA, September 17, 2024, order of the Court of Appeal concerning security for costs, UPC_CoA_217/2024 et. al.
Standard and its application to the case at hand: The Court, when exercising its discretion under Art. 69(4) UPCA and R.158 RoP, must determine, in light of the facts and arguments brought forward by the parties, whether the financial position of the Claimant gives rise to a legitimate and real concern that a possible order…
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LD Düsseldorf, September 6, 2024, order of the court of first instance, UPC_CFI_165/2024 and UPC_CFI_166/2024
Existence of infringement is assessed on the basis of UPC law without recourse to national patent law: Art. 25 UPCA (right to prevent the direct use of the invention) constitutes uniform substantive law and Art. 62 (1) UPCA (provisional and protective measures) uniform procedural law, which takes precedence over national patent laws so that these…
11 min Reading time→
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