Recurring penalty payments not subject to enforcement requirements under national law nor notification by the claimant (Article 82(4) UPCA, Rule 118(8) RoP, Rule 354 RoP). Dual purpose penalty payment.

Workflows.  According to Rule 4.2 RoP, the parties are required to use official forms provided online, including the various workflows, such as, for instance, for the main proceedings, for Rule 262 RoP or Rule 262A RoP. Within these workflows, no further applications are to be submitted that are assigned to other...

The start of the time limit of two months for responding to the Statement of Defence which includes a Counterclaim for revocation (Rule 29a RoP) is to be set on the date of the conclusion of the R. 262A proceedings, i.e. 8 November 2023. Opposing party to be heard on synchronizing time limit for replying to the nullity...

Ordered before the conclusion of the written procedure (i) to hear both the infringement action and the counterclaim for a declaration of invalidity and

(ii) to request the President of the Court of First Instance to assign a technically qualified judge (article 33(3)(a) UPCA, Rule 37 RoP).

Revocation action currently not stayed because of "rapid decision expected from the EPO", but continued at least until the interim conference which is to be held on 14 March 2024 (article 33(10) UPCA, Rule 295(a) RoP)).

Inter parties and public acces restricted to confidential commercial information (Rule 262A RoP & Rule 262 RoP). Unrestricted access not necessary to understand Claimant’s legal position.

Article 32(a) UPCA confers jurisdiction on the UPC to determine damages only after a prior action for patent infringement has been brought before a chamber of the UPC.

Suspensive effect for an appeal of an order on access to documents under R. 262.1(b) RoP, an order which would otherwise have been enforceable soon, to ensure that there is time to adjudicate the appeal on the merits.

Action pending before the Munich Local Division is not between the same parties. Meril India and Meril Germany are not the "same party" as Meril Italy. (article 33(4)UPCA, Rule 20 RoP)

Pursuant to Rule 322 RoP the Judge-Rapporteur may, of his own motion or at the request of a party, at any time during the written and interlocutory proceedings, after consultation with the panel, propose to the parties that the language of the proceedings be changed to the language in which the patent was granted in...

Preliminary objection against competence of Central Division in revocation action rejected because revocation action was already brought before the Central Division (article 33(4) UPCA). Statement of Revocation in revocation action was lodged in hard-copy on 1 June 2023 at 11.26, prior to the Statement of Claim in the...

By its very nature, the earliest point at which such an assessment could be made is after the filing of the statement of defence.

Specific considerations concerning the required urgency, reasons for granting an order ex parte because it concerns digital data, ordering confidentiality and the granting of security at 2,5% of the case value

Confidentiality order and restriction of access (Rule 262A RoP, Article  58 UPCA). Prima facie evidence of trade secrets. The existence of a trade secret does not have to be established to the court's satisfaction, but it is sufficient if this is predominantly probable. 

Extension of time to file Statement of Defense with the period of time that the plaintiffs allowed to elapse with the subsequent submission of the annexes.

WIPO Arbitration and Mediation Administrative Panel Decision.  Moooi B.V. opposes the domain names <moooifurniture.shop> and <moooisale.com> . According to Moooi, the domain names are confusingly similar to the trademarks MOOOI while the defendants have no rights to or legitimate interests in the disputed domain names...

Relevant factors when considering security for legal costs and expenses (Article 69(4) UPCA,  Rule 158 RoP).

A legitimate and real concern that a possible cost order might not be recoverable and/or the likelihood that a possible cost order by the UPC may not, or in an unduly burdensome way, be enforceable

UPC lacks competence because withdrawal of opt-out on 5 July 2023 is ineffective due to national infringement and invalidity proceedings brought before German national courts, which were pending on 1 June 2023 (Article 32 UPCA, Article 83 UPCA, Rule 5 RoP). Irrelevant whether same parties are involved in the national...

Language of the proceedings changed from Dutch into English (Article 49 UPCA, Rule 323 RoP). Both parties have a good command of English, which is one of their working languages and also the language in which the exchanges prior to the infringement action have been conducted. Consequently, the use of English would not...

Recurring penalty payments are imposed on the basis of article 82(4) UPCA and not governed by provisions of national enforcement law (Article 82(4) UPCA, Rule 354 RoP). Provision of article 82(3) UPCA is superseded by Art. 82 (4) UPCA in conjunction with R. 354.3 and .354.3 RoP