Topics: R. 44 RoP
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CD Paris, January 17, 2025, decision in first instance on validity, UPC_CFI_316/2023
“Generous standard” with regard to late-filed facts and evidence: While the front-loaded approach of the UPC system requires the parties so submit facts and evidence relied on as early as possible, a generous standard is to be applied with regard to submissions in a Reply to a Statement of Defence. A Claimant is allowed to…
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CD Paris, December 18, 2024, decision in revocation action, UPC_CFI_454/2023
Standstill provisions do not impact UPC’s jurisdiction: Even if a standstill provision requiring pre-suit notification is breached, this does not affect the Court’s jurisdiction or the admissibility of the action. The Court emphasized that access to justice is a fundamental right (Art. 47 of the Charter of Fundamental Rights of the EU), but that such…
4 min Reading time→ -
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CD Paris, November 27, 2024, Decision concerning the revocation action No. ACT_571565/2023, UPC_CFI_308/2023
Background of the case: The Claimant filed a revocation action against the patent at issue based on a lack of inventive step. On 11 December 2023, the Defendant submitted the defence to revocation including a conditional application to amend the patent based on different amendments and consisting of 35 auxiliary requests, which were later reduced…
6 min Reading time→
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