Topics: R. 313 RoP
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CoA, January 8, 2025, order concerning an application to intervene, UPC_CoA_621/2024
Timing and grounds of an intervention (Rule 313 RoP): An application to intervene may be lodged at any stage of the proceedings by any person establishing a legal interest in the result of an action. An application to intervene shall only be admissible if it is made before the closure of the written procedure unless…
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CD Milan, December 23, 2024, procedural order, UPC_CFI_ 380/2024
Criteria for intervention (Rule 313 RoP): An intervener must demonstrate a legally qualified interest, not merely a factual one. This interest must be connected to the legal relationship in litigation and entail potential harm to the intervener’s rights if the original party loses the case. Decision on costs of an application to intervene (Rule 150…
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CD Milan, October 1, 2024, Procedural Order, UPC_CFI_380/2024
High threshold for intervention in interim injunction proceedings: The Court rejected the request (here: from Menarini) for intervention, emphasizing that Article 313 RoP permits intervention in interim injunction proceedings only under exceptional circumstances. The mere fact that a third party might be affected by the outcome of the proceedings is not sufficient. Rather, the third…
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LD Munich, October 2, 2024, Substantive Order, UPC_CFI_153/2024
Patent pool administrators have a direct legal interest in litigations concerning patents within their pools: The court, referencing Rule 313 of the Rules of Procedure of the Unified Patent Court (RoP), affirmed that a patent pool administrator possesses a direct and present legal interest in the outcome of such a lawsuit. This interest stems from…
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LD Duesseldorf, June 26, 2024, procedual order, UPC_CFI_457/2023
Direct and present interest of the Intervener: The legal interest required for the admissibility of the intervention is given if the Intervener has a direct and present interest in the issuance of the order or decision requested by the assisted party. Such a legal interest can be affirmed if the patent in suit has been…
2 min Reading time→
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