UPC Local Division Munich, 29 September 2023: (a) need to use online availaible forms, (b) security for costs, (c) limitations for Preliminary objections and (d) jurisdiction UPC pre 1 June 2023

Use of official forms available online, which also include separate workflows within the CMS, required (Rule 4(1) RoP).  

No security for the legal costs and other expenses (Rule 158 RoP) ordered. It requires a showing that the financial circumstances of the other party give rise to fears that any claim for reimbursement of costs cannot be served or that, despite sufficient financial resources, enforcement of a decision on costs appears to be impossible or fraught with particular difficulties.

Such a request cannot be made the subject of Preliminary objection (Rule 19 RoP). The possible subjects of a Preliminary objection are exhaustively listed in Rule 19(1) RoP. Motions pursuant to Rule 158(1) RoP are not listed. The same applies to referring certain issues to the Court of Justice of the EU or of suspending te proceedings due to pending parallel proceedings. The objections will be dealt with by the Division in the main proceedings.

Jurisdiction of the UPC. In the view of the judge-rapporteur the Unified Patent Court has jurisdiction over infringement acts committed before the entry into force of the Agreement on a Unified Patent Court on 1 June 2023. This follows from article 3(c) UPCA and article 32(1)(a) UPCA and the absence of transitional provisions to the contrary.

IPPT20230929, UPC CFI, LD Munich, Edwards Lifesciences v Meril