Topics: revocation action
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CD Paris, November 5, 2024, Revocation action, UPC_CFI_309/2023
R. 30 (1) (c) RoP does not set out the consequence that all amendments proposed (auxiliary requests) should be dismissed en bloc as not meeting the criterion of being reasonable in number.: Only some of the proposed auxiliary requests may be admitted. The Court can limit a patent by an amendment of the claims and…
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CD Paris, November 5, 2024, Revocation action, UPC_CFI_315/2023
The Court does not evaluate reasons for revocation that the Claimant has not raised.: The Claimant defines the scope of evaluation for a revocation action. If a party, in its first submission, raises an argument and the other party takes issue with this argument in reply, the party may further substantiate its initial argument in…
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CoA, September 6, 2024, procedural order, UPC_CoA_457/2024 and UPC_CoA_458/2024
The possibility that an injunction might be granted by the Court of First Instance (Local Division) in infringement proceedings based on a patent that has been upheld in first instance revocation proceedings, but may subsequently be revoked by the Court of Appeal, is not sufficient to justify expediting the appeal proceedings.: The two Defendants in…
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LD Hamburg, August 26, 2024, Decision, UPC_CFI_54/2023
Failure to use the correct workflows provided by the CMS does not result in a violation of the deadlines resulting from the Rules of Procedure, Rule 4.1 sentences 1 and 2 RoP. In the initial phase of the UPC – the present action was filed on the first day of the UPC, 1 June 2023…
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CD Paris, August 21, 2024, Order on stay of revocation proceedings, UPC_CFI_230/2024
Stay of revocation action pursuant to Rule 295(m) RoP: An appeal against the denial of provisional measures does generally not justify a stay of revocation proceedings pursuant to Rule 295(m) RoP. Rule 295(m) RoP must be applied and interpreted in accordance with the principle according to which proceedings must be conducted in a way which…
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CD Paris, July 29, 2024, Decision concerning the revocation action No. ACT_555899/2023, UPC_CFI_263/2023
Admissibility of defense with non-attacked claims: The request to amend the patent which concerns both claims challenged by the revocation action and claims not challenged by it is inadmissible (only) with regard to these latter claims. Defense with features from non-attacked claims admissible: In a situation in which the patent is not entirely attacked, the…
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LD Paris, 24 July 2024, Procedural order of the Court of First Instance, UPC_CFI_440/2023
Pendency of an action: The pendency of an action is determined by the date of the registration with the Division concerned – in other words, the pendency of an action is independent on whether or not the defendant has already accepted service of the statement of a claim. Same parties according to Art. 33 (4)…
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Central Division, Paris Seat, 19 July 2024, Decision of the Court of First Instance, UPC_CFI_255/2023
Concurrent pendency of invalidity proceedings before different divisions and criteria for exercising the Court’s discretion, Art. 33 (3) UPCA: In the situation of concurrently pending invalidity attacks by different parties against the same patent before different divisions (here: revocation action before CD and counterclaim(s) for revocation before LD) the local division has a discretion either…
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CD Paris, Preliminary objection of a revocation action, May 2, 2024, UPC_CFI-484/2023
The UPC has jurisdiction for the central revocation action even if a prior national revocation action is pending: The asserted patent is only validated in Germany. In 2021, Nokia Solutions and Networks GmbH & Co. KG filed a national revocation action with the German Federal Patent Court (GFPC) against the proprietor (Mala Technologies), which was…
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CoA, May 28, 2024, Order, UPC_CoA_22/2024
Regularly proceedings must be conducted in a way, which will allow the final oral hearing at first instace to take place within one year. As a general principle, the Court will not stay proceedings: Art. 33.10 UPCA and R. 295.a RoP must be applied and interpreted in accordance with the fundamental right to an effective…
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CD Munich, 27 February 2024, order to combine cases in revocation actions, UPC_CFI_1/2023, UPC_CFI_14/2023
Counterclaim for revocation can be combined with central revocation action against the same patent upon request by the parties: The parties agreed that the counterclaim for revocation pending at LD Munich should be dealt with together with an earlier filed and considerably further advanced central revocation action pending at the CD. The LD Munich thus…
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CD Munich, 31 January 2024, Order 103 RoP / 105.5 RoP, UPC_CFI_252/2024
Admissibility of auxiliary requests: Claimant requested to limit the submission of auxiliary requests for the further course of proceedings. The court does not see a legal basis for pre-emptively and categorially ruling out the submission of any further auxiliary requests. Nor does the Court see any legal basis to order the Defendant to make the…
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CD Paris, 27 February 2024, order on request to amend the patent, UPC_CFI_255/2023
Request to further “amend the case” or “amend the patent” by defendant in revocation action due to invalidity attacks brought in the parallel counterclaim for revocation was rejected: Defendant in revocation action applied to amend the patent in due time, i.e, within the time period for lodging the defence to revocation. It then requested a…
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CD Paris, 22 January 2024, order, UPC_CFI_308/2023
Background of the case: The applicant filed a revocation action against the patent at issue. On 27 November 2023, the respondent submitted a defence to revocation which was considered by as incomplete the Registry. Consequently, on 11 December 2023, the respondent requested to correct the detected deficiencies, by logding a corrected statement of defence which…
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CD Munich, 31 January 2024, order, UPC_CFI_252/2023
Further written submission following the interim conference to deal with a later filed document: Following the exchange of the written pleadings in accordance with Rule 43 RoP, the judge-rapporteur – after having informed the parties of his intention to do so – closed the written procedure pursuant to Rule 58 in connection with Rule 35…
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CD Munich, 20 November 2023, order on request to stay revocation proceedings, UPC_CFI_80/2023
Stay of revocation proceedings in case of parallel opposition proceedings is possible if a relevant decision by the EPO is expected rapidly.: Rule 295(a) RoP states that the court has discretion to stay proceedings pending the outcome of parallel EPO proceedings when a rapid decision is expected. Decision does not mean a final decision after,…
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CD Paris, 13 November 2023, order on preliminary objection, UPC_CFI_255/2023
Scope of Article 33 (4) UPCA: same parties: Art. 33(4) UPCA concerns, inter alia, the jurisdiction for revocation actions. If an action for infringement between the “same parties” relating to the same patent has been brought before a local or a regional division, revocation actions may only be brought before the same local or regional…
7 min Reading time→
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