The Statement of claim requirement to provide “information about any prior or pending proceedings relating to the patent concerned” of Rule 13.1(h) RoP specifically serves the purpose to limit the risk of contradictory decision and lis pendens situations, which can formally be avoided based on the requirements to...

Wide discretion of the Court to design how “time shall begin to run afresh” after the stay of proceedings comes to an end in accordance with the relevant general principles such as procedural economy and flexibility (Rule 296(3) RoP). In the court's view, this is essentially a situation in which the claimant has to...

Petitioner’s request for access to the Statement of claim, the pleadings including the evidence rejected at the current stage of the proceedings (Article 45 UPCA, Rule 262 RoP). The general interest of justice includes the protection of the integrity of the proceedings. During pending proceeding the access requested by...

Withdrawal of Statement for Revocation before being served has the same legal effect as if it had not been lodged at all. No legitimate interest for the Defendant to participate (Rule 265 RoP). Reimbursement of 60% of Court fees (Rule 370(9) RoP).

Confidentiality club protection for trade secrets and confidential information, restricting use or disclosure outside of the present court proceedings.  (Rule 262A RoP, Article 9 Trade Secrets Directive). The existence of a trade secret does not have to be established to the court's satisfaction, but it is sufficient...

Confidentiality club membership (Rule 262A RoP). In general, there is no reason to limit the authorised representatives of a party to a certain number or even to UPC representatives and their internal assistants, who must also be named. However, it must be clear who is obliged to maintain confidentiality and who can be...

Service of written pleadings via other electronic systems than the CMS cannot be considered effective service under  Rule 278.1 RoP.

Grounds for the decision are not based on personal opinion of one or more of the judges but on evidence, including the patent specification, supporting Nanostring’s arguments. With the words "in the judgement of the technically competent court" only expressed that it was particularly equipped and qualified to assess...

Statement of claim cannot be validly served on Xiaomi companies in China and Hong Kong at the business address of Xiaomi DE in Germany (Rule 273 - 274 RoP). No decision on costs by the Court of Appeal because the decision in appeal is not a final order or concluding an action (Rule 151 RoP, Rule 242(1) RoP)

No waiver translation requirements, given that the panel as a whole lacks the necessary language skills with regard to the original German-language documents (Article 51(1) UPCA, Article 42 UPCA, Rule 7(1) RoP). Art. 51 (1) UPCA is based on the idea of a flexible and efficient procedural organisation, whereby an...

Leave to change claim rejected (Rule 263(2)(a) RoP). If either condition is not met, the court's discretion is reduced to zero and it must refuse the application.The applications for injunctive relief and further corrective measures, i.e. recall, permanent removal and destruction of the allegedly infringing embodiments...

Subsequent request to amend the patent requires permission of the Court, which permission can be postponed at the discretion of the Court, in which case admission of the auxiliary request is still possible depending on the further progress of the proceedings (Rule 30(2) RoP). Two month period of Rule 32(1) RoP for...

Security for costs dismissed (Rule 158 RoP). Neither a financial risk nor a likelihood of unenforceability is presented to the Court. It is not disputed by the parties that the claimant, as part of the PepsiCo group, is financially able to comply with a decision on costs. The defendant's sole argument that it had...

Security (deposit) to be released (when the period for requesting panel review has expired) (Rule 333 RoP, Rule 352(2) RoP, Rule 45 Registry Rules). Double security – a deposit and a bank guarantee – can also be the reason and cause for a release decision.

An amendment of an application for amendment of a patent is not governed by Rule 263 RoP but to be classified as a subsequent request to amend the patent within the meaning of Rule 30(2) RoP, which is admissible only with the permission of the Court Territorial limitation of the amendment was inadmissible, in the...

Request for communication of invoices, relating to the allegedly infringing cartridges [..] which were imported by LAMA FRANCE outside the territory of the European Union, granted, subject to confidentiality club (Rule 191 RoP, Rule 262A RoP). The question […] is whether LAMA is a manufacturer, importer, and/or offers...

Request for information regarding distribution chain admissible but dismissed (Article 67 UPCA, Rule 191 RoP, Article 8 Enforcement Directive). Rule 191 RoP can be invoked at different stages of the procedure: during the proceedings, in order to compel parties to submit information with regard to submissions to be made...

Providsional injunction granted. No unreasonable delay between the finding of the Cayene at the end of July 2023 in the Netherlands and the filing of the Application on 3 May 2024. (Rule 211(4) RoP). Novelty arguments rejected (Article 54 EPC, Article 54 UPCA). Both novelty arguments raised by Defendant are...

No urgent circumstances.The appellant’s arguments that it is seeking patent protection as soon as possible and that the appeal concerns a purely legal issue, are not sufficient to shorten the time limit for lodging the statement of response. This time period is already relatively short for appeals against orders...

No confidentiality club for expected litigation costs, including working hours of lawyers and patent attorneys and resulting fee claims, but confidential treatment vis-à-vis the public granted (Rule 262A RoP, Rule 262(2) RoP). A restriction of access to information for parties to proceedings pursuant to Rule 262A alway...