Topics: Validity
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Court of Appeal, March 30, 2026, Order, UPC_CFI_899/2025
Failing to contest jurisdiction in first instance forecloses the objection on appeal (Art. 26(1) Brussels I Recast, R. 19.7 RoP).: By not contesting the jurisdiction and competence of the Court in First Instance, the Defendant in first instance has in principle foregone this opportunity on appeal and cannot raise the alleged lack of jurisdiction and…
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Court of Appeal, October 2, 2025, decision, UPC_CoA_764/2024, 774/2024
Added matter standard – directly and unambiguously derivable: Whether the subject matter of the granted claim extends beyond the content of the application as originally filed is determined by considering what information a person skilled in the art, based on objective considerations and referring to the filing date and using its general technical knowledge, would…
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Nordic-Baltic Regional Division, July 21, 2025, decision in first instance, UPC_CFI_380/2023
The patent claim is not only the starting point, but the decisive basis for determining the protective scope of a European patent: The importance of the patent claims means, inter alia, that a narrowing interpretation of the claims which deviates from the broader general understanding of the terms used therein by the person skilled in…
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LD Paris, December 11, 2024, Decision on the merits, UPC_CFI_395/2023
Headnote 1: Order pursuant to R. 36 RoP does not authorize to raise new grounds; UPC procedure is front-loaded system.: The order pursuant to Rule 36 RoP issued by the judge-rapporteur relates to adding some arguments to the debate related to some specific terms regarding claim interpretation, but it did not authorise the defendant to raise a new…
5 min Reading time→
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