Withdrawal of application for costs allowed without hearing Belkin (R. 265 RoP). Even without the withdrawal, no decision on the merits would have been issued, as the Court of First Instance has jurisdiction for applications for the determination of costs. No decision on costs is required here. As a rule, even the...

Impugned order revoked and decision by default dismissing the infringement action given against Suinno for failure to provide security for costs (R. 355.2 RoP, R. 158.5 RoP). Decision by default of R. 355.2 RoP only applies when a decision by default is sought "against the defendant of the claim". It does not apply...

Central Division has not exceeded the boundaries of its discretion in setting the amount of the security equal to 50% of the ceiling, meaning at € 300,000 (R. 158 RoP). Suinno's argument that the security for costs is "not commensurate with the real work it takes to communicate non-infringement or lack of validity to...

Preliminary injunction, seizure and order to communicate information granted (Article 62 UPCA, Article 67 UPCA)). Absence of a party in summary proceedings from the oral hearing does not necessitate a default judgement (R. 210(3) RoP, R. 116 RoP, R. 355 RoP). Pursuant to R. 210(3) RoP, Rules 111 to 116 of the Rules of...

Patent upheld in limited form (Article 65 UPCA). Infringement action dismissed (Article 25 UPCA): not all features of claim 1 are realised by the contested embodiments. Reasonable number of auxiliary requests (twice 33) (R. 30.1(c) RoP) because the actual core of the auxiliary requests is small, the opposing party is...

Infosoc Directive 2001/29 and Rental Directive 2006/115 must be interpreted as precluding national legislation which provides for the assignment, by means of a regulatory act, for the purpose of exploitation by the employer, of the related rights of performers engaged under an administrative law statute, without the...

Order under penalty of a fine of € 100.000 to accept service of anti-anti-suit injunction (AASI) by the representatives of defendants in the main proceedings (R. 354.3 RoP, R. 213 RoP). The request and the order issued are therefore inextricably linked to the main proceedings. Therefore, the power of attorney cannot be...

Cost decision (R. 150 RoP). Defendants’ demand for reimbursement of representation costs for the cost procedure is unfounded. Proceedings for cost decisions under R. 150 et seq. RoP are summary proceedings, determined by the judge-rapporteur. Awarding compensation for the additional costs that can be attributed to the...

Direct and indirect patent infringement (Article 25 UPCA, Article 26 UPCA), decision by default (R. 355. RoP). Competence of Central Division regarding infringement in Bulgaria by a defendant outside of the UPCA territory (Greece)(Article 33(1) UPCA). Claim interpretation (Article 69 EPC). The patent description...

An expert determination background document was developed first that reflects best regulatory practices from comparable institutions worldwide. This document shall be considered an integral part of the public consultation process. Please note that the draft Expert Determination Fee Schedule, which is a separate...

Preliminary objections rejected (R. 19 RoP, R. 20 RoP). Objections of defendants 1) and 2) were lodged one day after the expiry of the one month objection period (R. 300(c) RoP). Deemed day of service of Rule 271.6(b) RoP does only apply to service of a Statement of claim in a Contracting State but not in the USA. The...

Panel review dismissed of confidentiality club order rejecting external eyes only (R. 262A RoP). On the specific issue of potential antitrust violation, Ericsson limited itself in a general way to arguing that there is a risky situation related to the disclosure of the financial aspects of the information, in...

Voluntary intervention by receiver in insolvency of NJ Diffusion allowed (R. 313 RoP). The consequences of this voluntary intervention will be decided in the substantive decision to be made. Request for security for costs inadmissible (R. 158 RoP). The panel notes, on the one hand, that this judicial guarantee provided...

PI granted (Article 25 UPCA, Article 62(1) UPCA, R. 211.1(a) RoP). Standing to sue exclusive licensee (Article 47(2) UPCA). Given the Applicant's aim of obtaining unrestricted freedom to operate, there can be no reasonable doubt that patents registered after the agreement was concluded are also to be licensed. Insofar...

Direct patent infringement (Article 25 UPCA); Injunction for Germany, France and Sweden, recall, destruction, providing information, to compensate for damages. Mere use of subclaims as additional arguments at the oral hearing to support a previous position taken by Claimant is not considered late (R. 263 RoP, Article...

Security for costs dismissed (R. 158 RoP). It is sufficient for a defendant to establish that enforcement of a cost order is unduly burdensome. The burden of showing this is on the applicant of an order for security for costs. To this end, the applicant shall not only provide evidence as to the foreign law applicable...

Applicant granted access (R. 262 RoP) to the written pleadings and evidence lodged by the parties in the [first instance] Revocation action, subject to the redaction of personal data. The integrity of any appeal proceedings – as currently pending – cannot be considered to be a reason to impose conditions on access to...

Application for leave to amend the counterclaim for revocation dismissed (R. 263 RoP). A claimant in a counterclaim for revocation is not free, or at least privileged, to amend its case compared to a claimant in an infringement action. Rather, R. 263 RoP applies in full to a counterclaim for revocation. In any case...

Patent partially invalid (Article 65 UPCA) and infringed (Article 25 UPCA). Inventive step (Article 56 EPC): Problem-solution-approach: to increase legal certainty and further align the case law of the Unified Patent Court with the case law of the EPO and its Boards of Appeal, the problem-solution approach (PSA)...

GEMA argues that the operator of a residential and nursing home must obtain a licence for the transmission of radio and television programmes to the residents. The Advocate General concludes that the [InfoSoc Directive] must be interpreted to mean that the operator of a nursing home does not effect a communication to...