IPPT20240627, UPC CFI, LD Mannheim, Panasonic v Orope
Case management order. The following information and questions have been sent to the parties by the judge-rapporteur in order to structure the further proceedings (Article 43 UPCA, Rule 9(1) RoP, Rule 101(1) RoP). In case of technically complex subject-matter...

Time limit for filing reply to Statement of defence which includes a Counterclaim for revocation extended to two months from the date of access to unredacted information under confidentiality regime (Rule 9(3) RoP, Rule 29(a) RoP, Rule 262A RoP). Need to consult with employees of patent pool related to FRAND objections...

Simultaneous interpretation during the oral hearing  into Polish allowed, but to be decided later whether the costs thereof shall become costs of the proceedings (Article 51 UPCA, Rule 109 RoP, Rule 150 RoP). Rule 109 RoP includes a double/twofold ‘appropriateness-test’, in the sense that it is to be decided (i)...

Unfounded objection that representative is not an independent counsellor (Rule 290(2) RoP). The mere fact that […] also carries out active administrative tasks on behalf of the represented party and that he may be directly interested in the outcome of the case is not decisive in order to consider that the...

Application for provisional measures dismissed because of a lack of urgency from a temporal perspective; unreasonable delay in seeking provisional measures (Article 62 UPCA, Rule 209(2)(b) RoP, Rule 211 RoP). No necessary measures to clarify the alleged infringement and obtain the documents required to support its...

Intervention by manager of patent pool to which the plaintiff has contributed its HEVC-essential patent portfolio, including the patent in suit, allowed (Rule 313 RoP). The intervener has a sufficient legal interest in the outcome of the legal dispute. […] the intervener also fulfils the plaintiff's FRAND obligations...

Intervention by licensee allowed (Rule 313 RoP).Intervening licensee has a direct and present interest in the outcome of the revocation counterclaim as well as the joint infringement action because any change in the interpretation and determination of the scope of protection can directly influence not only the answer...

Time limit for filing reply to Statement of defence which includes a Counterclaim for revocation extended to two months from the date of access to unredacted information under confidentiality regime (Rule 9(3) RoP, Rule 29(a) RoP, Rule 262A RoP).

Before the conclusion of the written procedure: decision to hear both the infringement and revocation action and to request the assignment of a technically qualified judge to the panel (Article 33(3)(a) UPCA, Rule 37 RoP). As parts of the panel are currently only employed on a part-time or case-by-case basis, it...

Reasoned request to stay proceedings must be in statement of appeal and lack thereof cannot be remedied at the interim conference (Rule 21.2 RoP). As a general rule, the main proceedings are not stayed pending an appeal because of the principle that proceedings before the Court of First Instance must 

Confidentiality order remains in place after the legal proceedings have ended and encompasses appeal proceedings. Any limitation of a non-disclosure obligation must be explicit (Rule 262A RoP, Article 9(1) Trade Secrets Directive)

No suspensive effect given to appeal from order to provide security (Rule 220 and 223 RoP, Article 74 UPCA) and request to expedite appeal rejected (Rule 9(3) RoP). Granting suspensive effect to an order pursuant to R.220.2 RoP, is possible under Article 74 UPCA notwithstanding  R.223.5 RoP. Suspensive effect only to...

Preliminary measures denied. No sufficient degree of certainty that patent is valid (Article 62(4) UPCA; Rule 211(2) RoP). Added matter under the so-called “gold standard” disclosure test of the Boards of Appeal of the EPO for added matter (article 138(1)(c) EPC). 

Immediately enforceable preliminary injunction for direct infringement and order to deliver up devices in direct or indirect possession, subject to a recurring penalty payment (Rule 211 RoP). International jurisdiction UPC (Article 31 UPCA): competence for Ireland undisputed (Article 26 BR); Court does not understand...

Further exchange of written pleadings in appeal proceedings allowed (Rule 36 RoP). The Court of Appeal considers the request by Audi to be sufficiently reasoned. It wants to correct some facts submitted by NST in relation to its behavior in the market, together with written evidence. The Court of Appeal considers that...

Confidentiality regime (Rule 262A RoP) and extension of deadlines for filing Rejoinder to the Reply in infringement proceedings and Reply to the Defence in the revocation proceedings (Rule 29(d) RoP): rejected for the technical aspects of the case (legal facts and infringement facts); granted for FRAND aspects of...

Order against the requesting party itself to produce license agreement under confidentiality regime (Rule 262A RoP). With reference to the statements of the Local Chamber Mannheim in the order of 30/04/2024, orders against the requesting party itself are in any case possible pursuant to Rule 103 RoP.

Valid withdrawal of opt-out on behalf of NST by a representative included in the official list of patent attorneys kept by the Registrar pursuant to Art. 48.3 UPCA who was not required to justify with powers of attorney at the time of filing the application on behalf of NST (Rule 5.3(b)(i) RoP, Article 83.3 UPCA). NST...

Deadline for filing Preliminary objection by defendants 3-5 is extended by agreement from 13/05/2024 to 17/05/2024 (the deadline for defendants 1-2) (Rule 9.3 RoP, Rule 19.1 RoP). If all parties agree on the request, the request must generally be granted unless there are serious reasons to the contrary. No reasons to...

Interim conference (Rule 104 RoP). Access granted to written report and any other results of the measures of inspection of the premises and preservation of evidence which can only be used in the proceedings on the  merits (Rule 196.2 and 199 RoP). No order to declare chain of sales and resale by defendant (Rule 104(e)...