Request to allow auxiliary requests (2A to 13A) along with the defence to revocation into the proceedings rejected for lack of clarity. (Rule 49.2(a) RoP, Article 84 EPC, Article 123 EPC). Any amendment filed after the initial defence shall only be allowed into the proceedings on an exceptional basis (Rule 30.2 RoP, Ru...

Costs decision – claimant to cover costs of appeal proceedings, costs decision at first instance covered only the costs of first instance proceedings. (Article 69 UPCA, Rule 150, Rule 151, 152 RoP)

Application for withdrawal of appeal granted (Rule 265 RoP). Late filed comments on the application for withdrawal would not lead to different conclusion. (Rule 265.1 RoP). Absent any comment timely filed by Respondent following the order of the judge-rapporteur, respondent cannot be considered to have a legitimate...

Application for discretionary review for order for security of costs dismissed. (Article 69(4) UPCA, Rule 158 RoP, Rule 220.3 RoP). The impugned order is not manifestly erroneous. Applicant failed to demonstrate that the Munich LD erred in finding that the Respondents had met the burden of to support a risk of cost...

Application to revoke security for costs order rejected. Appeal dismissed by default - appellant failed to provide ordered security within prescribed time (Article 69 UPCA, Rule 158 RoP, Rule 357 RoP). It is not necessary to consider the merits of the appeal pursuant to Rule 355.2 RoP and no reason to do so under Rule...

Confidentiality club established regarding Appellant’s commercial information relating to market data (Article 58 UPCA, Rule 262A RoP). Necessary and sufficient for three natural persons from the respondents to have access to the information. (Rule 262A.6 RoP). It follows that additionally two employees from the legal...

Confidentiality club established regarding sales data. (Art. 58 UPCA, Rule 262A.6 RoP).Confidential information is sufficiently described in the request as sales data from a third-party provider- more detailed information is not necessary.Submitting documents into the CMS, does not mean that the submitted documents...

Provisional injunction denied. More likely than not that Claim 1 is invalid for lack of novelty. (Article 65 UPCA, Article 54 EPC , Rule 206 RoP, Rule 211 RoP). Implicit disclosure of “air fryer” feature in prior art (CN830)- when a person skilled in the art would objectively consider as necessarily implied in the...

Request for discretionary review and application for suspensive effect of costs order rejected without hearing defendant’s comments. (Article 74 UPCA, Article 69 UPCA, Rule 158 RoP, Rule 220 RoP, Rule 223 RoP). Costs order not manifestly erroneous - applicant failed to argue, let alone demonstrate that the alleged...

Panel review of order for security of costs dismissed. (Article 69 UPCA, Rule 158.1 RoP, Rule 333 RoP) “FRAND security” does not relieve the Claimant of the obligation to provide security for cost. A bank guarantee provided by a Defendant, as part of his objection of compulsory licence under competition law, as...

Application to conduct oral arguments in English granted, without affecting the language of the proceedings in appeal (French). (Article 50.3 UPCA, Rule 115 RoP , Rule 9.1 RoP). On grounds of conducting a flexible and balanced procedure, organized in an efficient and cost-effective manner.

Interpretation of “anchor defendant” under Article 8 Brussels regulation in civil and commercial matters (Article 8 Brussels Regulation). For decisions to be regarded as irreconcilable, it is not sufficient that they lead to divergent outcomes, that divergence must also arise within the context of the same factual and...

No decision on preliminary objection regarding international jurisdiction (Article 31 UPCA , Article 71b (2) Brussels Regulation, Rule 19 RoP). The question of the UPC’s international jurisdiction for the UK over Chinese defendants to be determined in the forthcoming decision on the merits. No international...

Order to produce evidence within 21 days – application not premature merely because all parties' arguments have not been finalised. (Article 59 UPCA, Rule 190.1 RoP)The Court must consider the cumulative conditions following from LD The Hague Order of 14 October 2024 (Winnow v Orbisk) when assessing an application to...

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Review rejected of Registrar’s rejection of application to remove an unauthorised opt-out (Article 83(3) UPCA, R. 5A RoP). Based on the submissions of the Applicant, it therefore, cannot be established that Polytech on 30 March 2023, when it filed the application to opt-out EP’193 from the exclusive competence of the...

Preliminary objection on international jurisdiction dismissed – Patent infringed, permanent injunction granted. (Article 25 UPCA , Article 26 UPCA , Article 63 UPCA, Rule 19.1(a) RoP) Jurisdiction and competence of court (Article 4(1) , Article 71b(1) Brussels Regulation) Jurisdiction arises since the defendant has its...

Damages awarded for indirect infringement. (Article 26 UPCA, Article 68 UPCA , Rule 118 RoP). Indirect Infringement (Article 26 UPCA). If a patent claim protects a product consisting of two components, the existence of the other component is not a prerequisite for the objective elements of indirect infringement arising...

Paris Central Division has competence to hear infringement action related to the same alleged infringement against defendants having a commercial relationship (Article 33(1) UPCA). Preliminary objection only binding on the parties thereto and not on all the parties involved in the proceedings (R. 19 RoP). 

Appeal of dismissal of preliminary objection rejected (R. 19 RoP). Competence regarding multiple defendants (Article 33(1)(b) UPCA). “Commercial relationship” requires the existence of relations between the defendants concerning commercial activities relating to the product or range of products alleged to have been...