Topics: R. 263.3 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 Munich, January 13, 2026, Decision on the merits, UPC_CFI_628/2024; UPC_CFI_125/2025
Infringement of a medical device requires a potential use to be lege artis. A use that damages the device cannot establish infringement.: The claimant argued for an infringing use that required piercing the device’s mesh. The Court held this was not a proper, professional use but an emergency measure, and thus irrelevant for the infringement…
4 min Reading time→ -
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LD Munich, February 28, 2025, Order, UPC_CFI_483/2024
Amendment of case (Rule 263 RoP): The claimant sought to amend the case to include the Netherlands after the patent was restored there. The application was made under Rule 263 of the Rules of Procedure (RoP) of the Unified Patent Court (UPC). Reasonable Diligence Requirement (Rule 263.2(a) RoP) : The claimant failed to demonstrate reasonable…
3 min Reading time→ -
CoA, December 23, 2024, oder concerning an application for a discretionary review (Rule 220.3 RoP)
Unconditional right to limit claims for damages (R. 263.3 RoP): An unconditional application to reduce the amount of damages claimed shall be considered as an unconditional application under Rule 263.3 RoP. Leave to limit a claim in an action unconditionally shall always be granted. Procedure for determining the value of the action (R. 22, 104,…
2 min Reading time→
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