Topics: R. 353 RoP
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CD Paris, March 31, 2025, Order of the Court of First Instance, UPC_CFI_412/2023
Limited Scope of Rectification Under Rule 353 RoP: Rectification under Rule 353 RoP is limited to obvious errors (clerical mistakes, errors in calculation, obvious slips) evident from the decision’s reasoning – in other words, a discrepancy between the judge’s intended decision and its material representation, provided that this can be deduced from a comparison between…
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LD Düsseldorf, November 20, 2024, procedural order, UPC_CFI_347/2024 and UPC_CFI_368/2024
“Obvious slips” within the meaning of R. 353 RoP, which allow the Court to rectify a decision or order, are all incorrect or incomplete statements of what the Court actually intended in the order or decision. In other words, the declaration of the Court’s intention in the decision or order must deviate from the intention…
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LD Düsseldorf, 30 June 2023, Order on provisional measures – request for correction of the order, UPC_CFI_177/2023
Application of R. 353 RoP: A country in which the patent is in force and which was not mentioned in the request by mistake or accident cannot subsequently be included in the order within the scope of the correction of the order due to a typing or calculation error or an obvious incorrectness according to…
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