Application to the standing judge for suspensive effect of an appeal because of extreme urgency (R. 223.4 RoP) rejected regarding an order to the defendant to provide € 200.000 security for legal costs of the claimant (R. 158 RoP, Art. 69(4) UPCA). Within the discretion of the standing judge to dismiss the application...

IPPT20241203, UPC CFI, LD Düsseldorf, 10x Genomics v Curio Bioscience
Defendant to provide security for legal costs and other expenses to the Claimant in an amount of EUR 200,000. Defendant can also be ordered to provide security for legal costs (R. 158 RoP, Article 69 UPCA). There is no conflict between Rule 158 RoP, i...

A unconditional limitation of the damages claimed shall be regarded as an unconditional limitation of the claim  (R 263.3 RoP). The determination of the value of the action (at the time of filing the action) will be the responsibility of the judge-rapporteur during the interim procedure (R 22, 104 and 370.6 RoP)

Application for confidentiality of “Confidential Global Licence & Art 79 UPCA Settlement offer to Microsoft” granted under R. 262 RoP (to the public) instead of R. 262A RoP (intra parties). This document, in its original version, is obviously known by Suinno and its representative and, as a result, does not require a...

Claim construction (Article 69 EPC). A linguistic error, a spelling mistake or any other inaccuracy in a patent claim can only be corrected by way of interpretation of the patent claim if the existence of an error and the precise way to correct it are sufficiently certain to the average skilled person on the basis of...

The SPC regulation must be interpreted as not precluding the grant of a supplementary protection certificate (SPC) for a product consisting of two active ingredients even if one of those two active ingredients has already been, alone, the subject of an earlier SPC and it is the only one to have been disclosed by the...

No stay of proceedings (oral hearing at 16 January 2024) because of rapidly expected decision of EPO Opposition Division (17 January 2024) (Art. 33(10) UPCA, R. 295(a) RoP).It can be expected that the outcome of the opposition proceedings will be available before this Court issues its decision on the merits (even if...

New legal arguments may be submitted in appeal. The discretion of the Court of Appeal to disregard new “requests, facts and evidence”  does not apply to legal arguments (R. 222.2 RoP). Stays on the ground of parallel EPO opposition proceedings are governed by the more specific provisions of Art. 33(10) UPCA, R. 295(a)...

Suspension of provisional injunction to cover PI carveout for BMW supplies. The effect of the impugned order suspended insofar as the injunction covers the BMW 2 Series Gran Coupé car model (Article 74 UPCA, R. 223 RoP). From the Statements lodged by Magna it was therefore already clear that there were six car models...

As a general rule revocation in appeal affects penalty payments. Revocation in appeal of a first instance provisional injunction has, as a general rule, retroactive effect (Article 75(1) UPCA, R. 242.1 RoP, Article 3 Enforcement Directive). The order is revoked because it has been established by a final judgment of the...

Application for provisional measure rejected (R. 211 RoP). Doubts regarding patent validity appear to be preventing the issuance of the requested order. To encapsulate, the subject matter of claim 1 of ‘327 is unlikely to be considered novel in light of the prior art disclosed in US’994, as the fluid delivery device...

The Claimant may, at its own expense, engage an interpreter (into Japanese) who may, if necessary, use the equipment available in the courtroom for simultaneous interpretation. (Article 51 UPCA, R. 109 RoP, R. 150 RoP).

Claimants’ time limit for filing Rejoinder to Counterclaim for revocation and the Reply to conditional application to amend extended on grounds of fairness and equity, since the previous time limit was, with the consent of the Claimant, extended to a similar extent in favour of the Defendants. (R. 9 RoP, R. 29(e) RoP ...

Infringement of 4G standard essential patent: permanent injunction granted (Article 63 UPCA), Order to communicate information (Article 67 UPCA), Award of damages, provisional damages of € 250.000 (Article 68 UPCA). Given the interpretation of the patent claim (Article 69 EPC): The patent is valid, revocation dismissed...

Rectification of the name of Defendant 1) granted (R. 9 RoP, R. 272 RoP). The date of service on Nintendo of Europe SE is determined to be effected 17 October. Based on the facts, there was no doubt that it had been clear to the Nintendo of Europe SE that the statement of claim was intended to be directed against it as...

Confidentiality Club not limited to outside lawyers only without consent (R. 262A RoP): Access to the confidential version of the statements on transfer of the patent suit and partially redacted Patent Transfer Agreement extended to legal counsel of Xiaomi. Local divisions of the UPC have not granted an “outside...

Withdrawal of application for provisional measures: 60% of court fees reimbursed (R. 206 RoP), R. 370(9)(b)(i) RoP). Withdrawal of application for provisional measures one day after application was filed (i.e., before closure of written procedure). Application of R. 370.9(b)(i) RoP by analogy 

Criteria for security for costs of a party (R. 158 RoP) Failing any guarantees or other special circumstances […] it is not relevant whether the claimant belongs to a - financially sound - group of companies. It is only the financial position of the claimant itself that is relevant. Whether a claimant is willing to...

Appeal closed by a decision by default against appellant because of failure to pay regular fee (R. 357 RoP, R. 378 RoP, R. 378A RoP). The request to waive the additional fee ordered in the Order issued on 7 November 2024 denied; The Application for legal aid denied; The Appellant bears the costs of the appeal...

Discretionary review of an order of judge-rapporteur on security for costs and denying leave to appeal granted because of an access to justice issue which has not yet been decided and which the Court of Appeal can raise of its own motion (R. 220.3 RoP, Article 69(4) UPCA, R. 158 RoP, R. 333 RoP)