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 payment has a dual purpose: primarily a punitive function as well as a penalty for violation of the court order. Offering a product which is the subject matter of the patent (article 25(a) UPCA)

The term "offer" within the meaning of article 25(a) UPCA is to be understood in purely economic terms....

Availability to the public of pleadings or evidence. Article 45 UPCA means that the written procedure of the Court shall, in principle, be open to the public unless the Court decides to make it confidential, 

Parties are under an obligation to use the CMS and the dedicated workflows in the CMS to file their submissions (see e.g. Rule 4.1 RoP). It is the sole responsibility of the parties that this is done properly and timely. The Court will try to be helpful where possible in resolving CMS related issues. Submissions and...

Extension and alignment of deadline for lodging Statement of Defence granted as agreed. Extension and alignment of deadline for lodging Preliminary Objection because of procedural advantage and representative for defendants helping to make a prompt and successful service  of the Statement of Claim possible though...

Consent by holders of copyright and related rights is required to be obtained only in the Member State in which the program-carrying signals are introduced into the communication chain running to the satellite. Such communication to the public by satellite is deemed to take place only in the Member State in which the...

Preliminary objection is to be dealt with in the main proceedings for reasons of procedural economy and efficiency (Rule 20.2 RoP). The Court in its Preliminary Order also expressed its understanding that the Preliminary objection relates to the Court´s jurisdiction only in respect of the German part of the European...

Pursuant to Rule 262A(4) RoP, the representative of the other parties must be invited to submit written comments prior to making any order. However, in the interest of effective protection of secrets, the requirement to be heard before issuing an order only applies to the final order of a secrecy order and access...

Use of official forms available online, which also include separate workflows within the CMS, required (Rule 4(1) RoP).  No security for the legal costs and other expenses (Rule 158 RoP) ordered. It requires a showing that the financial circumstances of the other party give rise to fears that any claim for...