IPPT20250116, UPC CFI, LD Hamburg, Avago v Tesla
Withdrawal of action, pending appeal (R. 265 RoP). If a case is pending before the court of appeal, the court of appeal has jurisdiction to decide on the admissibility of the applications for withdrawal. However, the situation is different for the request for the...

Withdrawal of appeal by party agreement (R. 265 RoP). No need for cost decision as both parties waive a decision on costs and the application for a cost decision before the Hamburg Local Division has been withdrawn. The withdrawal of the revocation counterclaim has the effect that the requests for amendment of the...

The withdrawal of the application for interim measures possible (R. 265 RoP, R. 212 RoP), since unserved ex parte order of 9 December 2024  prior to final decision upon review of granted ex parte order of 9 December 2024 is not a decision terminating the proceedings as the time limit for review has not yet begun to run...

Withdrawal of action upon application by Valeo (holder of preliminary injunction) with the consent of the appellant (Magna) (R. 265 RoP). In view of Magna’s consent, Magna cannot be considered to have a legitimate interest in the action being decided by the Court. No need for a decision on costs: parties have agreed...

Withdrawal parties bearing own costs (R. 265 RoP). No partial reimbursement of court fees applied for (R. 370.RoP). The decision follows the parties’ jointly expressed will. Insofar as R. 265.2 (c) RoP requires a decision on costs in accordance with Part 1, Chapter 5 RoP, the decision takes into account the agreement...

Withdrawal and cost decision (R. 265.2(c) RoP). When admitting the withdrawal, the Court issues a decision on costs in accordance with Part 1, Chapter 5. A request by a party is not required in this respect. The parties' mutual consent may be taken into account in the cost decision.

Appeal dismissed, rightly granted access (Article 45 UPCA, R. 262 RoP). A ‘reasoned request` in R.262.1(b)RoP means a request that not only states which written pleadings and evidence (…) the applicant wishes to obtain, but also specifies the purpose of the request and explains why the access to the specified documents...

Required explanation for setting aside a decision by default requires unforeseeable circumstances or force majeure (R. 356(2) RoP) means that the applicant must demonstrate that they were unable to comply with peremptory time limits or to appear at the oral hearing at which they were summoned (except as provided for in...

Provisional measures ordered -  decision by default (R. 211 RoP, R. 355 RoP, Article 37 Statute). The application was served to the defendant in accordance with Rule 275.2 RoP (App_64018/2024). Within the letter of service, defendant was informed that a decision by default may be issued, if within the time limit...

Automatic extension of a time period until the end of the first following working day if documents filed in electronic form cannot be received by the Court (R. 301.2 RoP). Since the Court of Appeal could not receive the Statement of response via CMS there was an automatic extension of the deadline until the end of the...

No need to adjudicate appeal by EOFlow from a denied joinder of provisional measures request after the Milan Local Division and the Milan Central Division issued their final decision rejecting Insulet´s applications for provisional measures (R. 360 RoP). R. 360 RoP aplies not only when the action itself has become...

No cost decision concerning application for access to written pleadings and evidence (R. 150 RoP, R. 262 RoP). A decision on costs presupposes that there has been a decision on the merits of the dispute or for the determination of damages. For these purposes, a “decision on the merits” must be understood as a decision...

After a little more than 1,5  year since the start of the Unified Patent Court, more than 500 UPC orders and decisions have been published on IP-Portal  

Intervention by Mediatek in appeal proceedings between Daedalus and Xiaomi allowed (R. 313 RoP, R, 314 RoP). MediaTek has a direct and present interest in the result of the appeal proceedings, as the confidential information at issue in the appeal proceedings concerns information relating to the architecture of...

Withdrawal of infringement and revocation actions, no cost decision, 60% reimbursement of court fees (R. 265 RoP, R. 370 RoP). The decision takes into account the agreement reached between the parties. 

Withdrawal of proceedings prior to final decision, each party bearing its own costs (R. 265 RoP). According to Rule 265.2 (c) RP, the Court shall also make a decision as to costs in accordance with Part 1 Chapter 5 when admitting the discontinuance of proceedings. No application by the parties is required for this...

Proceedings suspended at joint request of the parties (R. 295.d RoP)

Applicant granted access (R. 262 RoP) to the written pleadings and evidence in Revocation action that has ended with a final decision of 17 October 2024 

No bifurcation - party consent (R. 37.1 RoP, Article 33(3) UPCA. Both parties have argued in favour of the infringement action and the counterclaim for invalidity being heard together before the Munich Local Division. The panel agrees. There are no grounds, demonstrated or otherwise, that would require a different...

Change of langage of the proceedings from French to English (language of the patent) (R. 323 RoP). Preliminary objection concerning the language of the Statement of claim (R. 19.1(c) RoP) only possible based on Article 49(1) (2) UPCA. In contrast, R. 323 permits a change in the language of the proceedings as initially...