Topics: R. 19 RoP
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LD The Hague, August 18, 2025, Order, UPC CFI 191/2025 & UPC CFI 192/2025
The scope of a review under R. 333 RoP is marginal and limited to the reasoned grounds submitted by the applicant: When reviewing a Judge-Rapporteur’s order, the full panel will not re-examine the entire decision but will confine its assessment to the specific, substantiated grounds for review raised by the applicant. Issues not challenged in…
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LD Paris, May 23, 2025, Decision on the merits, UPC_CFI_163/2024
Assessment of original disclosure: The possibility of alternative options for relative positions of two elements of the claimed subject matter does not imply that a feature directed at one of the elements lacks support, as these alternatives are options, and are not inextricably connected with the arrangement of the feature as claimed (sec. 66). Provided…
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LD The Hague, May 23, 2025, Order on preliminary objection, UPC_CFI191/2025 and 192/2025
International jurisdiction by anchor defendant.: Pursuant to Art. 8(1) Brussels ibis Regulation (BR), a person domiciled in an EU Member State may also be sued, where he is one of a number of defendants, in the courts for the place where one of them is domiciled. In the present case, the judge rapporteur held it…
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LD Munich, April 17, 2025, order on preliminary objection, UPC_CFI_846/2024
A preliminary objection may relate to a part of an infringement action only: Defendants’ objection to the UPC’s jurisdiction over acts commited prior to the start of the UPC is admissible. Possible UPC jurisdiction on infringing actions solely occurred before June 1, 2023: Defendant states in its preliminary objection that one attacked embodiment was only…
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LD Mannheim, April 4, 2025, order on preliminary objection, UPC_CFI_750/2024
Questions of fact and law relevant to jurisdiction and to the merits of the case are not dealt with in the preliminary objection procedure according to R. 19.1 RoP: Questions of fact and law that are relevant both to jurisdiction of the UPCA and to the merits of the case are, in principle, not to…
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LD Mannheim, April 2, 2025, order on Preliminary Objection, UPC_CFI_819/2024
Multiple Defendants may be sued in one action provided that the infringement has occured in the CMS hosting the Local Division, irrespective of a “commercial relationship”: Claimant submitted in its Statement of claim sufficient facts, which establish competence of the Local Division Mannheim for each and every defendant under Art. 33(1)(a)UPCA, which is reinforced by…
3 min Reading time→
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