Article 4 of the Paris Convention has no direct effect in the European Union: the right of priority for filing a Community design application is governed by Article 41 of Community Design Regulation. General Court erred in law in directly applying Article 41(1) Community Design Regulation to right of priority based on...

Amazon Services Europe belongs to the Amazon group. Its business activities comprise online retail and other services such as cloud computing and digital streaming. It provides marketplace services to third-party sellers enabling them to offer products for sale via Amazon Store.
 

By a decision of 23 April 2023, adopted...

Protection of confidential information (Rule 262 RoP, Rule 262A RoP). Redacted commercial information in the Statement of Defence, shall be kept confidential and excluded from public access (Rule 262 RoP). the Statement of Defence contains information regarding notably sales figures and revenues, which are indeed...

Alternative method of service of Statement of Claim (Rule 275(1) RoP). As regards Poland service under section 1 or 2 could not be effected. Court authorizes three alternative methods, which appear to be good service and comply with the law of the country where service is to be effected (Rule 275(4) RoP), as they...

Extension and alignment of deadline for filling Statement of Defence by multiple defendants in accordance with agreement between the parties at case management hearing, which is considered reasonable by the judge-rapporteur (Rule 9(3) RoP, Rule 23 RoP, Rule 334 RoP).

Forced intervention admissible for defendant Laser Components regarding its supplier, which is liable to indemnify Laser Components and should be bound by the decision in the infringement action (Rule 316A RoP)

Interim decisions following case management hearing (Rule 334(d) RoP, Rule 336 RoP, (Rule 105(5) RoP): Reserving right to schedule an interim conference (Rule 35(b) RoP). Allowing pleadings until the conclusion of the written procedure, which in addition to the topics addressed in the Rules of Procedure, may also...

No extension of deadline (Rule 9(3) RoP): no objective impossibility to meet deadline. No allegation, nor let alone evidence, of a difficulty in arranging a proper defence, rather the possibility that the submissions of pleadings in due time may be useless in case the Court will allow the preliminary objection. The...

Claimants’ requests for a decision by default against the defendants in the main proceedings pursuant to Rule 355 (1)(a), 277 RoP and for a rejection of the Counterclaims for revocation is rejected. Time limits for filing the Statement of defence and the Counterclaim for revocation extended to 7 February 2024, as it...

Because of article 9(2) Trade Secrets Directive and Rule 262A(6) RoP at least one natural person from a party must have access to confidential information, even though such is not provided for in article 58 UPCA. In the interest of effective protection of “confidential information” protection the requirement to invite...

Set time limit of 1 March 2024 for replying to defendant’s statement of objection not extended to the conclusion of the confidentiality procedure of Rule 262A RoP (Rule 9(3) RoP). The redacted version of the statement of objection was already available to all representatives of the applicant as well as to the applicant...

Interim report after interim hearing in relation to combing actions (Rule 9 RoP, Rule 101 RoP). Request for interim conference after interim hearing rejected in view of the opportunity to be heard in relation to its requests and the combining of both actions at the present hearing. Case management instructions in...

Unanimous requests by all parties to refer a counterclaim for revocation to the Central Division for decision will be granted unless strong counterarguments require a different decision. Provisional decision to proceed with the infringement proceedings (article 33(3) UPCA). In the exercise of its discretion, the Panel...

Subsequent request to change original request to amend the patent rejected because of insufficient justification  (Rule 30(2) RoP). Leave to change claim or amend case and application to amend patent can be filed simultaneously in one pleading, especially in a situation, where strict time periods come into play (Rule...

Possible for the parties by mutual agreement to establish an “attorneys’ eyes only’’ restricted-access group for confidential information and exclude access by a natural person from each party, provided that fair trial is not affected. (Article 58 UPCA, Rule 262A RoP, Article 9 Trade Secret Directive). Principle of...

Preservation of evidence by an expert appointed by the Court and assisted by a bailiff is not in conflict with French national law and in conformity with Rule 196(5) RoP. Reasonable available evidence of infringement to support order to preserve evidence (article 60(1) UPCA) based on (i) a Novawell commercial brochure...

Court fee of € 11.000 is payable for appeal under Rule 220(1)(a) RoP against an order determining which party is to bear the costs of the proceedings in the context of the dismissal of an application for interim measures under Rule 360 RoP. (Rule 228 RoP). In the absence of a specific fee, the fee is to be paid for the...

Interest of the plaintiff regarding further costs for cost assessment procedure does not generally outweigh the interest of the successful party within the meaning of Rule 151 RoP in a quick decision on the costs of the proceedings. Suspensive effect also not justified because if there are errors in the appealed order...

It is, on the balance of probability, more likely than not that the subject-matter will prove to be obvious  (article 56 EPC) Likely that for a person skilled in the art at the priority date of the patent at issue, after successful application of an in vitro multiplex method for the detection of ASMs, the next step was...

 At this stage of the proceedings, the parties have already taken all procedural steps and all costs have already been incurred by the parties. If the decision or order affects the bankruptcy estate, it does not differ from the effect that a decision or order issued before the declaration of bankruptcy would have had...