Topics: removal from the distribution channels
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LD Vienna, January 15, 2025, order in first instance on infringement, UPC_CFI_33/2024
No action for revocation despite objection of nullity: If the allegation is made in the proceedings that the patent is invalid, the statement of defence must contain a counterclaim for revocation of the patent against the proprietor of the patent (R. 25 RoP, R. 42 RoP). Without such counterclaim, the invalidity defence (here: exceeding the…
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LD Düsseldorf, July 3, 2024, judgment on prior use right, award of damages and order to communicate information / lay open books, UPC_CFI_7/2023
Within the framework of Art. 28 UPCA, the user of the claimed technology can only invoke the rights granted to him by the respective national regulations of the respective contracting member states. On this basis, the existence of a right based on prior use of the invention must be substantiated for each of the protected…
3 min Reading time→
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