Topics: R. 295 RoP
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Central Division Paris, January 26, 2026, Order concerning review pursuant to R. 333 RoP, UPC_CFI_999/2025
A subsidiary is not the “same party” as its parent under Art. 33(4) UPCA if it has its own genuine business activity, regardless of corporate control: “Same party” is a strict concept. Parent and subsidiary are normally distinct parties, even with 100% shareholding or strong control. They are only treated as one if their interests…
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Court of Appeal, October 31, 2025, Order, UPC_CoA_755/2025 & UPC_CoA_757/2025
A stay under R. 21.2 RoP requires an appeal against a preliminary objection decision.: The Court of Appeal denied the appliant’s request to apply R. 21.2 RoP (stay of the proceedings if an appeal is lodged), as the only existing appeal concerned a different matter (confidentiality) and no appeal on the preliminary objection existed. The…
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UPC Court of Appeal, order of April 30, 2025, UPC_CoA_5/2025 (see also UPC_CoA_237/2025)
Order regarding request for stay of proceedings (R. 295 RoP): In an action for revocation, where both parties agreed to a stay, the appeal proceedings have been stayed pending the outcome of parallel opposition proceedings before the EPO Boards of Appeal, where the opposition proceedings could be expected to result in a final decision soon…
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LD Munich, March 31, 2025, Order of the Court of First Instance, UPC_CFI_425/2024
Patent owners are not restricted in amending patents to counterclaims for revocation: The patentee may also request amendments to the patent that are not directly related to the grounds for invalidity arising from the counterclaim. The purpose of Rule 30 RoP is to give the patentee the opportunity to ‘save’ its patent in an amended…
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LD Milan, November 4, 2024, decision, UPC_CFI_241/2023
No stay of proceedings due to parallel counterclaim for revocation: There is no basis for a stay (R. 295(m) RoP) of an infringement action, where the defendant has acknowledged the validity of the patent and infringement without exception, for the purpose of awaiting the Court’s decision on the counterclaim for revocation introduced in a parallel…
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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…
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LD Paris, 24 July 2024, Procedural order of the Court of First Instance, UPC_CFI_440/2023
Pendency of an action: The pendency of an action is determined by the date of the registration with the Division concerned – in other words, the pendency of an action is independent on whether or not the defendant has already accepted service of the statement of a claim. Same parties according to Art. 33 (4)…
4 min Reading time→
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