Topics: R. 370.9 RoP
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LD Milan, April 7, 2025, Order concerning R. 263 and R. 265 RoP, UPC_CFI_472/2024
Rule 263(3) RoP allows for unconditional limitation of claims, covering both the relief sought and the cause of action.: Rule 263(3) RoP applies if a patentee asserts a plurality of patents and then renounces one of them. Therefore, Rule 265 RoP concerning the case in which theClaimant withdraws the action – all its claims –…
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LD Munich, February 25, 2025, Reimbursement of Court fees, UPC_CFI_208/2023, UPC_CFI_220/2024, UPC_CFI_221/2024
Reimbursement of Court fees should be proportionate to efforts already made by the Court : The purpose of R. 370.9 (b) and (e) RoP on reimbursement of fees in case of a withdrawal of an action is to ensure that the reimbursement is proportionate to the efforts already made by the Court. A complex patent…
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CD Munich, 23 July, 2023, Order on conclusion of a revocation action by way of settlement, UPC 75/2023, UPC 80/2023
Conclusion of an action by way of settlement without a request according to R. 365.1 RoP possible: The parties may at any time conclude their action by way of settlement which “shall” be confirmed by a decision of the Court, Art. 79 UPCA. R. 365 RoP clarifies that the Court shall confirm the settlement only…
3 min Reading time→
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