Rebuttable presumption that the registered person is the patent proprietor (Rule 8(5) RoP). Defendants allowed to examine those resolutions to which the property right holder listed in the register, i.e. the plaintiff, has itself referred in the proceedings (Rule 190 RoP), inluding: the resolution of the Board of...

Preliminary injunction for Germany and France (Rule 211 RoP). Urgency (Rule 209(2) RoP): Two months is normally not an unreasonably long wait for filing an application for provisional measures in the case of a suspected infringement in two or more countries, in view of the necessary prior examination as to whether the...

The object and purpose of Art. 83(3) UPCA make clear that the opt out Application must be lodged by or on behalf of all proprietors of all national parts if there are more validations. The legislator has expressly chosen that, as a default position, there is an automatic transition into the jurisdiction of the UPC and...

Application to withdraw appeal in relation to two (Xiaomi DE and Xiaomi NL) of several defendants rejected (Rule 265 RoP). The Court of Appeal will consider whether those respondents have already been served the Statement of grounds of appeal, whether they want the appeal to be adjudicated in relation to themselves as...

Change of language of the proceedings from German to English in proceedings between Samsung and American company Headwater (Article 49(5) UPCA, Rule 323 RoP). While considering that the claimant may also be in a critical situation and obligated to respond promptly for economic reasons, [...] the position of the...

Now that the UPC is nearing its one-year anniversary at June 1 and has published close to 200 orders and decisions, we see that UPC panels use their best efforts to refer to UPC precedents in their judgments. That is of course more than welcome for the enthusiastic UPC fanbase that is trying to keep up with the...

No stay of revocation proceedings pending EPO opposition, appeal rejected. (Article 33(10) UPCA; Rule 295(a) RoP). Oral proceedings in the opposition is 25 October 202; scheduled date for the oral hearing in the revocation proceedings before the UPC is 21 June 2024. As a general principle, the Court will not stay...

IPPT20240527, UPC CFI, LD Munich, NEC V TCL
Extension of deadlines to file Statement of Defence: wrong Annexes were provided with the Statement of Claim; non-compliance with Rule 13.2 RoP.

Request by the Appellants to expedite the appeal against an order in which an application for security for costs was dismissed and shorten any deadlines where possible is denied for being too unspecified and insufficiently substantiated. (Rule 9(3) RoP, Rule 224(2)(b) RoP).

Security for costs of € 400.000 ordered because of potential inability for Claimant to cover the legal costs in case of losing (Article 69(4) UPCA, Rule 158(1) RoP). Factors to be considered when ordering a security order include the financial position of the other party that may give rise to a legitimate and real...

Order to produce evidence in FRAND proceedings denied as being too vague and too broad as a mere request for investigation (Rule 190 RoP).Insofar as the defendants have requested the naming and submission of the licence agreements with the companies ‘X’ and ‘Y’, previously unnamed by the plaintiff, an order is no...

Insolvency risk of the plaintiff is the relevant factor for security for costs of a party, not enforcement risks (Article 69(4) UPCA, Rule 158(1) RoP). Claimant to provide security for the legal costs of the Defendants in the (total) amount of € 56.000. As the starting point the undisputed facts point into the...

Leave to unconditionally limit the claim in action granted (Rule 263(3) RoP): The present action does not assert any claims against the realisation of the claimed teaching of the patent-in-suit by graphics cards of the NVIDIA Cooperation and/or companies affiliated with it.

Public interim conference and protection of confidential information (Article 45 UPCA, Article 58 UPCA). Ordered that the interim conference be open to the public, unless in the course of the interim conference, for the purposes of protecting confidential information, the Court decides to limit attendance to the...

Claim features must always be interpreted in the light of the claim as a whole (Article 69 EPC). These features teach the skilled person that the chip and antenna of the radio frequency device should not be placed in the same location in or on the case. Sufficient degree of certainty that the right is being infringed (...

Application to amend the patent in the Defence to (the Counterclaim for) revocation must refer to claims that have been challenged and is therefore inadmissible to the extent it concerns unchallenged claims (Rule 30 RoP, Rule 50 RoP).

Subsequent requests to amend the patent may be filed also after the closing of the written procedure with the permission of the Court however, the admission of this subsequent request must not prejudice the other party’s right to defence (Rule 30(2) RoP). An unconditional amendment and significantly reducing the number...

Request for simultaneous interpretations (Rule 109(1) RoP) rejected. The interests of the applicants are represented by three German-speaking representatives. In the course of the proceedings to date, they have made extensive submissions in German without the court becoming aware of any communication problems. The fact...

Preliminary objection rejected that UPC currently lacks jurisdiction because of violation of standstill agreement requiring a party has to inform the other party of the intention to file a lawsuit 90 days before the lawsuit is filed  (Rule 19 RoP). Jurisdiction – the ability of a specific court to hear and issue a...

Separation of proceedings in two separate proceedings ordered (Rule 303 RoP). Separation between the defendants already represented by lawyers and the defendants regarding which foreign service is to be effected in accordance with the Hague Service Convention that is expected to take some time.