Topics: revocation action
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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…
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CD Munich, 11 October 2023, procedural order Rule 9 RoP, UPC_CFI_80/2023
Parties are under an obligation to use the CMS and the dedicated workflows in the CMS to file their submissions: Parties are under an obligation to use the CMS and the dedicated workflows in the CMS to file their submissions (see e.g. Rule 4.1 RoP). It is the sole responsibility of the parties that this…
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CD Munich, 11 October 2023, procedural order Rule 9 RoP, UPC_CFI_75/2023
Parties are under an obligation to use the CMS and the dedicated workflows in the CMS to file their submissions: Parties are under an obligation to use the CMS and the dedicated workflows in the CMS to file their submissions (see e.g. Rule 4.1 RoP). It is the sole responsibility of the parties that this…
3 min Reading time→
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