Topics: value in dispute
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LD Mannheim, July 24, 2025 order on value in dispute in the case of a FRAND counterclaim, UPC_CFI_850/2024
The value in dispute for FRAND counterclaims is not limited to the value in dispute of the infringement action: A FRAND counterclaim expands the subject matter beyond the infringement action, especially if not limited to the patent-in-suit, and its value is determined by the scope of the license sought. Therefore, the introduction of a FRAND…
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CoA, December 23, 2024, oder concerning an application for a discretionary review (Rule 220.3 RoP)
Unconditional right to limit claims for damages (R. 263.3 RoP): An unconditional application to reduce the amount of damages claimed shall be considered as an unconditional application under Rule 263.3 RoP. Leave to limit a claim in an action unconditionally shall always be granted. Procedure for determining the value of the action (R. 22, 104,…
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LD Hamburg, May 14, 2024, order, UPC_CFI_151/2024
Security for costs in the proceedings for provisional measures: Art. 69.4 UPCA explicitly refers to proceedings for the application of provisional measures pursuant to Art. 62 UPCA. R. 158 RoP is thus also applicable in the proceedings for provisional measures. The request for a security for costs is in line with the EU law and…
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Nordic-Baltic Regional Division, 8 September 2023, UPC_ CFI_11/2023
If an infringement action is withdrawn before the Statement of Claim is served on defendants, this is a withdrawal before the closure of the written procedure in the meaning of R. 370.9 RoP. Consequently, 60% of the court fees will regularly be reimbursed upon reasoned application.: Interestingly, the Regional Division did not comment on how…
3 min Reading time→

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