Application to grant suspensive effect for appeal of cost order up to the applicable ceiling of € 112.000 in order dismissing provisional measures rejected (Article 74 UPCA). The risks of problems of enforcement put forward by Barco are not such as to make the appeal devoid of purpose absent suspensive effect (ICPillar...

Provisional measures dismissed based on lack of urgency (R. 209(2)(b) RoP). If an infringement action was lodged immediately this would have led – in view of the one-year proceedings before the UPC – to a decision before the summer 2025. 2 ½ months delay in the filing of the request for provisional measures after...

Application for public access to allowed after the main proceeding was withdrawn and the proceedings have thus come to an end (R. 262 RoP). Accord has not objected to the request, and Novartis agreed to the request for access to documents, there is no reason to deny access to the requested documents. Moreover, Novartis...

R. 263 RoP requires that the application shall explain why a requested change or amendment of case was not included in the original pleading. This means that the reasoning must be included in the application. It does not prohibit that the precise wording of the requested amendment is set out in one or more annexes...

Proceedings for costs incurred (€ 337.431,50) following appeal in summary proceedings (Article 69 UPCA, R. 150 RoP, R. 151 RoP). Application for a cost decision admissible following a decision on costs (R. 242.1 RoP) by the Court of Appeal in proceedings for interim measures (summary proceedings). Application filed in...

Patent valid but not infringed. New validity attacks raised during the oral proceedings not taken into consideration. If considered as an amendment of claim, the attacks should have been raised at the latest in the reply to the counterclaim ((R. 263 RoP). If considered as additional argumentation for the annulment of...

Request to stay first instance because of pending appeal dismissed (R. 21.2 RoP).The proceedings in the present case do not at present require stay the first instance proceedings, but instead, to the extent possible, seek a ruling from the Court of Appeal on the jurisdictional issue raised in the preliminary objections...

Provisional injunction confirmed. Person skilled in the art (Article 56 EPC). Common general knowledge is knowledge that an experienced person in the field in question is expected to have, or at least to be aware of, to the extent that he knows he could look it up in a book if he needed it. Claim construction – core of...

Unsuccessful appeal of rejection of provisional injunction changing the status quo on the market. Provisional measures require that proceedings on the merits – which offer more procedural safeguards – cannot be awaited (Article 62 UPCA, R. 206 RoP, R. 211 RoP). The requested measures would change the status quo on the...

Preliminary objection rejected (R. 19 RoP) Defendants have not raised any of the grounds set out in the exhaustive list of Rule 19.1 RoP. […] the grounds put forward by the Defendants 1-8 in support of their preliminary objection do not appear to concern the Court's jurisdiction and competence under Article 32 UPCA, bu...

Local Division Munich has jurisdiction in spite of pending appeal (Article 33(2) UPCA, R. 19 RoP). The action for interim measures […] was already pending before the Court of Appeal on 19 September 2024. Consequently, on 20 November 2024, the date on which the present infringement action was brought, no action was...

Rule 263 RoP application allowed after appeal but prior to filing of Statement of Defence. Amendments to the case must be explained in R. 263 application but can be detailed in an appendix. Adding new defendant and adding Germany and Spain allowed: procedural economy and aim to avoid the risk of irreconcilable and...

Preliminary objection admissible, but unfounded (R. 19 RoP). The UPC's has jurisdiction relating to a European patent that has not yet lapsed at the time of entry into force of the UPCA pursuant to Art. 32(1)(a) UPCA, Art. 2g), Art. 3c) UPCA and covers infringement actions to the extent that they are based on acts of...

Reasonable and proportionate legal costs of € 84.033,76 after withdrawn application for interim measures (Article 69 UPCA). No reason to object to that a team of one attorney-at-law and two patent attorneys was used to represent the two applicants. Verifiable objections required if the applicants list the individual...

Authors and performers frequently transfer their rights to third parties for exploitation. The rules and practices governing these transfers vary significantly across Member States and sectors (music, audiovisual, visual arts, literature, and video games). This study, commissioned by the European Commission, analyzes...

A preliminary objection can also be raised with regard to a counterclaim for revocation (R. 19 RoP). Since a preliminary objection is allowed for a revocation claim under R. 48 RoP, there is no good reason why the same cannot be true for a counterclaim for revocation. No jurisdiction for the counterclaim which is...

Confidentiality club membership rules (R. 262A RoP); number of persons and personal traits. Pursuant to R. 262A.6 RoP the number of persons to whom access is restricted shall be no greater than necessary in order to ensure compliance with the rights of the parties to the legal proceedings to an effective remedy and to...

InfoSoc Directive and Rental Directive 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, in respect of the performances...

Duty to be represented (Article 48 UPCA, R. 8 RoP). Late filed objection. Meril GmbH did not make this objection before the Central Division or in its Statement of appeal and grounds of appeal. The Court of Appeal disregards this submission. (R. 226 RoP and R. 222.2 RoP). Representation is a point of admissibility...

Acting as a representative (Article 48 UPCA) of a legal person not possible for a corporate representative of a legal person, or any other natural person who has extensive administrative and financial powers within the legal person. If the party is a natural person, the representation requirement under Art. 48(1) and ...