Topics: Re-establishment of rights
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CoA, October 13, 2026, order on application for leave to appeal, UPC-CoA-88/2026 and UPC-CoA-89/2026
No leave to appeal re. application for re-establishement of rights: Headnote: An application for leave to appeal pursuant to R. 157 RoP in conjunction with R. 221 RoP is inadmissible insofar as it concerns a rejection of the application for re-establishment of rights. According to R. 320.7 RoP, there shall be no right to appeal…
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Court of Appeal, September 28, 2026, Procedural Order, UPC_CoA_126/2026
Even if the defendant has filed the counterclaim for revocation only conditionally, the defendant may still file an appeal: A defendant who has filed a conditional counterclaim for revocation has a legitimate interest in appealing a first-instance decision refusing to rule on an action for revocation, even after it has been determined that there was…
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Court of Appeal, 17 August 2026, Order, UPC_CoA_69/2026, UPC_CoA_71/2026, UPC_CoA_72/2026
A ruling on evidence production keeps its own 15-day appeal clock, even when buried inside the main decision: The Munich Local Division rejected NST’s request for Qualcomm’s source code inside the same document as its ruling on infringement. It never mentioned this rejection in the operative part. The Court of Appeal said this does not…
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LD The Hague, April 1, 2025, Order of the Court of First Instance, UPC_CFI_499/2024
Re-establishment of rights rejected: Defendant did not show “due care” to meet the deadline to file their Statement of Defence (R. 320 RoP): The Defendant had sufficient time to prepare the Statement of Defence and failed to utilize available resources like the CMS team function or request an extension. Despite the Defendant’s illness, the Court…
2 min Reading time→
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