Topics: Rule 263.3 RoP
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Court of Appeal, August 17, 2026, Order on Permissibility and Appeal of Conditional Counterclaims for Revocation, UPC-CoA-40/2026, UPC-CoA-123/2026
Infringement actions and revocation counterclaims are separate actions under Art. 32(1) UPCA, making a conditional counterclaim an “inter-procedural” condition that determines whether a separate appeal or a cross-appeal must be lodged: Since the infringement action and the counterclaim for revocation are adjudicated in separate proceedings, a condition linking the counterclaim to the outcome of the…
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LD Milan, November 22, 2024, Application for provisional measures, UPC_CFI_400/2024
Examination of the application for provisional measures: In proceedings for provisional measures, the Applicant is required to provide cumulatively reasonable evidence to satisfy the Court with a sufficient degree of certainty that: (i) the Applicant is entitled to initiate proceedings under Art. 47 UPCA; (ii) the patent is valid; (iii) its rights are being infringed…
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