Topics: territorial scope
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LD Düsseldorf, April 23, 2026, Decision, Infringement action and CCfR, UPC_CFl_559/2024 and UPC_CFl_106/2025 – Quantificare v. Canfield
Pan-UPC-territorial orders under Art. 34 UPCA can be based on infringing acts in a “carved-out” Contracting Member State (Headnote; mn. 238 et seqq.): The claimant had excluded Germany from the infringement action before the UPC Düsseldorf LD for procedural reasons (parallel proceedings before the Düsseldorf Regional Court for the German national portion of the same…
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LD Paris, May 23, 2025, Decision on the merits, UPC_CFI_163/2024
Assessment of original disclosure: The possibility of alternative options for relative positions of two elements of the claimed subject matter does not imply that a feature directed at one of the elements lacks support, as these alternatives are options, and are not inextricably connected with the arrangement of the feature as claimed (sec. 66). Provided…
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Court of Appeal, April 11, 2025, Amendment of claim and addition of a defendant, UPC_CoA_169/2025
Discretion of the Court of First Instance when applying Rules on amendment of claims and addition of parties (Rule 263 and 305 RoP).: The Court of First Instance has a broad discretion when considering allowance of amendments to claims and the addition of parties under Rule 263 and 305 RoP. The Court of Appeal clarified…
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Court of Appeal, March 3, 2025, Order, UPC_CoA_523/2024
Price erosion is an important factor to be considered when evaluating the necessity of provisional measures. : A move from a market situation where only one product is available, to one where there are two competing products, can be expected to lead not just to price pressure but to a permanent price erosion. This risk…
4 min Reading time→
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