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Withdrawal of infringement action allowed (Rule 265 RoP).Costs incurred by the Defendants cannot be considered “exceptional” within the meaning of Art. 69(2) UPCA. The Defendants have acted as any cautious and reasonable defendant would have acted. Given the EPO procedural background, it was reasonable for the...

Rapid advances in AI, particularly generative large language models, challenge the effective enforcement of copyright, privacy and non-discrimination rights, creating legal uncertainty and disadvantaging the EU. Technological innovation must respect existing laws, while regulation must not stifle development. The EU...

Provisional injunction granted for UPC territory in view of the likelihood of infringement and validity (Article 62 UPCA, Article 25 UPCA, Article 34 UPCA,  R. 211(1)(b) RoP , Rule 206 RoP). Novelty (Article 54 EPC): None of the prior art documents disclose a single separate sensor assembly comprising all the features...

Provisional measures rejected. (Article 62 UPCA, Rule 206 RoP) . Auxiliary requests seeking provisional measures on amended versions of the patent rejected .(Rule 211 RoP, Rule 30 RoP). In view of the prior art, there are sufficient doubts as to whether claim 1 of the patent can be considered new and patentable under A...

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Patentability of “programs for computer” under (Article 52(2)(c) EPC) .  Artifical Neural Networks (ANN) are “programs for computers” . There is no reason to confine the term “computer” to conventional digital computers .  It is unreasonable to interpret the EPC in a way that ties its application to a particular...

Change of language of the proceedings into the language of the patent (English) allowed.  (Art. 49 (5) UPCA ,Rule. 323 RoP) . The need of several Defendants to communicate and coordinate the dispute should be given due consideration in addition to domiciliation of the parties. The drawback of speed and efficiency being...

Service of the Statement of claim by an alternative method permitted.  (R. 275.2 RoP). The publication of an order on the Court’s website, of which the Defendant has been notified via e-mail, constitutes good service on Defendant. 

Stada Arzneimittel, a pharmaceutical company in Germany, has brought an action against two Japanese pharmaceutical companies seeking the invalidation of the Danish supplementary protection certificate (SPC) for medicinal products. They hold a protection certificate for the ADHD medication “dexamfetamine”. The dispute...

Panel review of a judge rapporteur penalty order. (R. 333 RoP) . A penalty order may be issued by the Judge-rapporteur alone. (R. 354.4 RoP, R 1.2(a) RoP). Rule 354.4 RoP makes clear in its last sentence, that “after having heard both parties the Court may make an appropriate order which may be subject to an appeal...

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Cost decision on the reimbursability of costs in PI proceedings (Article. 69 UPCA, Rule. 150, 151, 152 RoP). Costs incurred in PI proceedings are reimbursable separately. The decision on the reimbursability of costs is to be taken in a uniform cost procedure following the proceedings on the merits. The ceilings for PI...

Freedom of expression – Civil sanctions imposed on a publisher for printing a photo of a well-known politician and his family alongside a photo of the family of Nazi politician Joseph Goebbels in the satirical section of a weekly magazine. The domestic courts were required to balance the publisher’s right to freedom of...

The CJEU held that a national remuneration scheme imposing a levy on storage media sold to professional purchasers is compatible with the InfoSoc Directive, provided that a rebuttable presumption exists. Producers, importers, or distributors may be required to pay fair compensation unless they demonstrate that the...

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WTO members must not frustrate the patent owner’s ability to exercise the exclusive rights conferred on it (Article 28.1 TRIPS) by another WTO Member […], i.e. to prevent third parties not having the patent owner's consent from making, using, offering for sale, selling, or importing the patented products. ASI policy...

Lego brought an action before the General Court against EUIPO’s decision declaring its registered Community design for a toy building block invalid, following a request by Qman Toys for lack of individual character. EUIPO found that the design produced the same overall impression as an earlier design. The General Court...

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Application for suspensive effect dismissed. (Rule 223 RoP). Amazon has not established that irreversible harm is imminent and that not ordering suspensive effect would render the appeal-at-hand devoid of purpose. Enforcement (Rule. 354.4 RoP). The risk that the court may initiate penalty proceedings of its own motion ...