Topics: R. 220.1(a) RoP
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Court of Appeal – Clarification on a conditional counterclaim for revocation – UPC-CoA-40/2026, 16 July 2026, Emboline, Inc. v. AorticLab, srl
Headnotes: Limiting a counterclaim for revocation by making it conditional upon a finding of infringement is permissible. There is a need for clarification on such a conditional counterclaim if and when the infringement claimant appeals from a finding of non-infringement by the Court of First Instance. In the event of an appeal by the infringement…
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LD Milan, May 5, 2026, Decision, UPC_CFI_727/2024
Prosecution file statements before the EPO, while not binding, may guide claim interpretation as reflecting the skilled person’s view (Art. 69 EPC, Art. 24(1)(c) UPCA): The claimant’s own statement during EPO grant proceedings — that abutment of a rolling body row against an edge was “essential” for achieving simultaneous preloading — confirmed the Court’s strict…
5 min Reading time→
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