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. 

(Rule 313 RoP, Rule 9 RoP) and may not independently develop claims and procedural methods distinct from those offered to the party it is supporting. Consequently, an intervener who has not filed a counterclaim for invalidity within the time limit set for the party it is supporting cannot claim an extension of time to...

Lawyers only confidentiality club by consent with respect to a document filed in preparation for the Interim Conference in connection with the JR's invitation to document the costs (Article 58 UPCA, Rule 262A RoP)

Preliminary objection against jurisdiction of the UPC because of ‘lis pendens’ with German revocation action rejected (Rule 19.1(a) RoP, Article 71c Brussels I, Article 83 UPCA). Lis pendens rules of Article 71c(2) Brussels I Reg recast do not apply  to a case in which the lawsuit before the national German court was...

Suspensive effect given to appeal of restitution order (that that shall take place from 5 June 2024) to ensure that there is time to decide on the appeal before the impugned order is enforced (Article 74 UPCA). No decision on the costs since this order is not a final order or decision concluding an action (Rule 242.1...

Withdrawal of proceedings pursuant to a settlement (Rule 265 RoP, Rule 11 RoP). Restitution of part of the court fee appropriate. With the case being terminated at an early stage, i.e. after the issuance of the summons and before the filing of a reply by the respondent, and therefore before the 'written proceedings'...

Plaintiff is upon its own request ordered to submit redacted licence agreements, subject to further to be determined confidentiality regimes under Rule 262 and 262A RoP. Order is based on the extensive case management powers vested in the Court (Article 43 UPCA) and the judge-rapporteur (Rules 101, 111 and 331 et al...

Infringement proceedings and Provisional measures proceedings are two different proceedings (Article 32.1(a) and (c) UPCA). The fact that the basis for both proceedings is the same – the same infringement – does not lead to a different conclusion. The “Information about appeal” in the decision should have distinguished...

Rebuttable presumption that a person registered as the patent proprietor in the respective national register is entitled to be registered (Rule 8.5(c) RoP, Rule 211.2 RoP, Article 47 UPCA,). Claim interpretation (article 69 EPC). Statements made by the applicant in the granting procedure are not admissible material for...

Since the start of operations on 1 June 2023, the Court has received a total of 341 cases. Further details on how this figure is divided into categories of cases, their respective handling divisions, and the predominant languages used in proceedings.

Simply copying what the EU Court of Justice does, will do! 

At IP-Portal we are full of praise of what the UPC has been able to accomplish. It is an impressive piece of work. Generally speaking we do not want to hear anything bad about the UPC - at least not for now - and simply want to enjoy having front row seats at...

Ex parte order of 11 December 2023 upheld, including the obligation to provide security in the amount of EUR 500,000.00. Claim interpretation and prosecution history. Prosecution history is in principle not admissible for claim interpretation. At most it may have indicative significance for how the skilled person...

Exceptional extension of time period to file Reply to the Statement of defence, Counterclaim for revocation and an amendment of the patent from 6 April 2024 until 28 May 2024. Due to restriction of access to pleading because of Protection of confidential information order access to the information in question to the...

The infringement claim and the two counterclaims for revocation will be heard together before the Munich Local Division (Article 33(3) UPCA, Rule 37 RoP). Both parties have argued that the action and the counterclaims should be heard together before the same court. The defendants have also agreed that everything should...

Finalisation of a confidentiality order under Rule 262A RoP. Defendant's forecast sales results are confidential information that must be treated as strictly confidential and may not be used or disclosed outside the present legal dispute, even after its conclusion. Access is limited to the plaintiff’s authorised...

(Article 49 UPCA, Rule 14(2)(c) RoP, Rule 118(8) RoP) After change of the language of the proceedings into English by the Court of Appeal at 17 April 2024, exceptional use is made of the possibility for German Local Divisions to issue and deliver an order in German together with a certified translation in order to make...

Neither the fact that a Preliminary Objection has been lodged nor the likelihood of success of the appeal against the rejection of the Preliminary Objection are relevant factors for deciding whether the proceedings should be stayed. No rapid decision is expected from the EPO (Article 33(10) UPCA, Rule 295(a) RoP). In...

Service by an alternative method (Rule 275 RoP) requires at least a first attempt of service in accordance with Rules 273 and 274 RoP. Since Defendants 1) and 2) as well as Defendant 5) are domiciled outside the territory of the contracting member states of the UPCA, service must be effected in accordance with Rules...

The decision whether or not to change the language of the proceedings into the language in which the patent was granted (Article 49 UPCA, Rule 323 RoP) shall be determined with regard to the respective interests at stake that has to be weighted, without it being necessary to constitute a disproportionate disadvantage...