UPC CFI LD The Hague, 15 February 2024: no bifurcation infringement and validity proceedings

Panel decides to hear both the infringement action and the counterclaim for revocation (Art. 33(3)(a) UPCA).

Such a joint hearing of the infringement action and the counterclaim seems to be appropriate in particular for reasons of procedural expediency and avoids the risk of delay that might be involved with bifurcating. 

It is also preferable because it allows both issues – validity and infringement – to be decided on the basis of a uniform interpretation of the patent by the same panel composed of the same judges.

In conformity with the preference of both parties. 

IPPT20240215, UPC CFI, LD The Hague, Plant-e v Arkyne