UPC Court of Appeal - 2023

IPPT20231218, UPC CoA, OPPO v Panasonic 

IPPT20231219, UPC CoA, OPPO v Panasonic

IPPT20231220, UPC CoA, OPPO v Panasonic
Procedural order requests where no technical issues are at hand, can be adjudicated by three legally qualified judges of the Court of Appeal (Article 9 UPCA). Requests by Appellant for shortening the time period for filing the Statement of response by Respondent in appeal rejected; disproportionate to the time the Appellant has itself taken for the Statement of appeal (Rule 9 RoP, Rule 224 RoP).

IPPT20231211, UPC CoA, Ocado v Autostore 

Parties to address whether a third party requesting access to documents under Rule 262 RoP needs to be represented as a party before the UPC under Rule 8 RoP.

IPPT20231106, UPC CoA, Ocado
Appeal from the order to grant a third party access to documents (Rule 262 RoP) shall have suspensive effect, to ensure that there is time to adjudicate Ocado’s appeal on the merits from the Order to grant a third party access to documents, which will be enforceable on 7 November 2023 and would make the appeal devoid of purpose. (Article 74 UPCA, Rule 223 RoP, Rule 262 RoP) Application ex officio handled as having extreme urgency by the standing judge (Rule 223(4) RoP).

IPPT20231013, UPC CoA, Amgen v Sanofi-Aventis
Valid date of service of statement of claim with Annexes (Rule 271 RoP). A Statement of claim, even if it refers to or announces the later submission of Annexes, can be validly served on a defendant, provided that the Statement of claim without the Annexes enables the defendant to assert its rights in legal proceedings before the courts of the UPC. A Statement of claim must therefore at least state with certainty the subject matter and cause of action. Only annexes that are indispensable for the understanding of the subject matter and the cause of action must be served (and where necessary translated) on a defendant, together with the Statement of claim. Extension of terms for Preliminary objections and Statement of defense because of unavailability of Annexes (Rules 13, 19 and 23 RoP). If a claimant did not upload the Annexes simultaneously with the Statement of claim in the CMS, and thus did not comply with Rule 13.2, and as a consequence these have not been available when the representative of the defendant accessed the CMS with the Access Code contained in the Notice, this in itself is sufficient to constitute a reasoned request by a defendant for an extension of the terms mentioned in Rules 19.1 and 23 RoP for lodging a Preliminary objection and the Statement of defense, regardless of the nature and/or content of the Annexes. Failing any specific circumstances of an individual case which calls for another term, which have to be brought forward by the claimant, the extension of the terms mentioned in Rules 19.1 and 23 shall compensate for and thus be equal to the period during which the Annexes have not been available after service of the Statement of claim contrary to Rule 13.2 RoP.