Application filed with the Court of Appeal for the determination of costs dismissed. (R. 150 RoP). Proceedings for cost determination under R. 150 ff. RoP must be initiated before the Court of First Instance (-=CFI), even where they relate to appeal costs. This also applies where the application relates exclusively or...

Revocation decision set aside (Article 65 UPCA), infringement found in appeal (Article 25 UPCA). Final decision in appeal (Article 75 UPCA, R. 242.2(b) RoP). The Court of Appeal, must, in order to issue a final decision, as a rule decide not only on the counterclaim for revocation but also render a final decision on...

Finding of infringement set aside (Article 25 UPCA). Functional claim interpretation “housing longitudinally fixed to an upper side of drive unit, so as to […]” (Article 69 EPC). According to the wording of the claim, the feature according to which the housing has to be longitudinally fixed to an upper side of the...

Application to revoke security for costs order rejected (Article 69(4) UPCA, R. 158 RoP, R. 336 RoP). Article 69(4) UPCA does not only apply to cases referred to in Art. 59-62 UPCA. […]. Nor does Art. 69(4) UPCA suggest that the requirement to provide security for costs should be the exception. The purpose of security...

€ 600.000 security for costs to be provided by appellant Suinno (Article 69(4) UPCA). Failure to pay previously awarded costs supports the conclusion that recovery of future costs is at risk. Lack of evidence of sufficient financial resources reinforces the need for security for costs. A counterclaim for revocation...

€ 75.000 security for costs against Chinese domiciled applicant. Even if the party is solvent, enforcement difficulties alone justify security. An order for security for costs can only be made against applicants, not in their favour (Article 69(4) UPCA). An ‘applicant’ is the party who initiates legal proceedings by...

Injunction granted for (partly uncontested) infringement claim (Article 25 UPCA). Parent company liability (Article 25 UPCA).Parent company liability (Article 25 UPCA). Defendant 4 could put an end to the infringing acts of Defendant 3 on the basis of its power to control and instruct its subsidiaries, but did not do...

Revocation action dismissed (Article 65 UPCA). Inventive step (Article 56 EPC). A realistic starting point, in the opinion of the Court, is typically a prior art disclosure as a whole. Absent a specific reason or pointer in the disclosure itself (or based on common general knowledge) to do so, the selection of a...

Request for extension of time period for filing Statement of appeal which has not yet started rejected (R. 9.4 RoP, R. 224.1(a) RoP). It follows from R. 9.4 RoP that the Court shall not extend the time period for the Statement of appeal. It can be left open, whether it follows that after the time period for lodging the...

IPPT20260116, UPC CFI LD Paris, IMC Creations v Mul-T-Lock 
Unitary patent valid (Article 65 UPCA) and infringed (Article 25 UPCA). Permanent injunction granted.(Article 63 UPCA)  Inventive step - common general knowledge of the skilled person (Article 56 EPC) Documents not part of common general knowledge : Document no...

Appeal against order imposing penalties inadmissible. (Article 69 UPCA,  Art. 82(4) UPCA, Rule 354.4 RoP). Appealable decisions (Rule 220 RoP) Orders imposing penalty payments do not fall under Article 73(2)(a) UPCA or Rule 220.1 RoP, an appeal against such orders is only admissible if leave to appeal is granted...

Order for security for costs set aside in light of litigation insurance (Article 69(4) UPCA, Rule 158.1 RoP) . Careful consideration of the terms of a litigation insurance policy is of particular relevance to demonstrate the financial position of party. The insurance obtained by the appellant provided adequate security...

Preliminary injunction granted . (Article 62(1) UPCA ,  Rule 209 RoP, Rule 211 RoP) . Infringement is assumed. Late filed non infringement arguments submitted in the rejoinder. (Article 25 (a)UPCA, Rule 52 RoP). Claim interpretation (Article 69 EPC) Defendants disagreement with claim interpretation applied by the EPO...

Request to stay first instance proceedings pending appeal dismissed. (Rule 21.2 RoP) No exceptional circumstances. The mere fact that, the preliminary objection relates to a question of jurisdiction which has never been decided by the court and has triggered a high amount of controversial discussion among scholars...

Request to stay first instance preliminary objection rejected. (Rule 21.2 RoP, Rule 295 RoP) Request to extend deadlines rejected. (Rule 9.3 RoP) A stay under Rule 21.2 RoP may be granted exceptionally, under the condition that an appeal against a decision on a preliminary objection has been already been filed under...

Preliminary objection on jurisdiction and competence rejected. (Article. 32(1)(a) UPCA , Article 33 UPCA, Rule 19 RoP). UPC has jurisdiction to hear the main infringement claim, including a claim for an injunction.  (Article 32 (1 (a) UPCA). The main issue of infringement of an essential patent is undoubtedly linked to...

Article 5(3) of Directive [2001/29] (InfoSoc-Directive): the exception for 'pastiche' does not have a catch-all nature, but covers creations which evoke one or more existing works, while being noticeably different from them, and which use, including by means of sampling, some of those works’ characteristic elements, in...

IPPT20260112, UPC CFI, CD Paris, WhiteWater v American Wave
Decision by default (Rule 355 RoP). Patent partially revoked (Article 65 UPCA). Claim 1 lacks inventive step (Article 56 EPC). Claim interpretation (Article 69 EPC) Feature 4 of claim 1; “valve structure (24, 26, 28): The language of feature 4 makes clear that...

Language of proceedings changed to language of the patent , namely English. (Article 49 UPCA , Rule 323 RoP).  On the grounds of fairness, all relevant circumstances – in particular those related to the case and the respective position of the parties – shall be considered. If the outcome of balancing of interest is...

No basis for ordering a supplementary expert opinion following a detailed expert description regarding an ex-parte order for inspection and preservation of evidence. (Article 60 UPCA, Rule 196.4 RoP, Rule 197 RoP, Rule 199 RoP) It is incompatible to reach a decision on the timely release of the expert’s detailed...