Request for information regarding distribution chain admissible but dismissed (Article 67 UPCA, Rule 191 RoP, Article 8 Enforcement Directive). Rule 191 RoP can be invoked at different stages of the procedure: during the proceedings, in order to compel parties to submit information with regard to submissions to be made...

Providsional injunction granted. No unreasonable delay between the finding of the Cayene at the end of July 2023 in the Netherlands and the filing of the Application on 3 May 2024. (Rule 211(4) RoP). Novelty arguments rejected (Article 54 EPC, Article 54 UPCA). Both novelty arguments raised by Defendant are...

No urgent circumstances.The appellant’s arguments that it is seeking patent protection as soon as possible and that the appeal concerns a purely legal issue, are not sufficient to shorten the time limit for lodging the statement of response. This time period is already relatively short for appeals against orders...

No confidentiality club for expected litigation costs, including working hours of lawyers and patent attorneys and resulting fee claims, but confidential treatment vis-à-vis the public granted (Rule 262A RoP, Rule 262(2) RoP). A restriction of access to information for parties to proceedings pursuant to Rule 262A alway...

Access to all written pleadings and evidence granted (Rule 262 RoP, Article 45 UPCA). The interest of integrity of proceedings usually only plays a role during the course of the proceedings.  Having this in mind, it must be considered that the current proceedings have come to an end that the interests opposing the...

Public access to the register granted, applying criteria set forth in IPPT20240410, UPC CoA, Ocado v Autostore (Rule 262 RoP). No specific interest required; interest of better understanding and scrutiny of decisions outweighs any interests of the parties involved once the proceedings have ended; in case of an appeal...

Alternative method of service of Statement of claim requires a prior service attempt (Rule 275 RoP). There is no reason why the UPC should follow the practice of some German courts as suggested by NEC, since the UPC has its own procedural rules and furthermore the practice of some German courts does not create a...

Application for determination of costs following an order or decision of the Court of Appeal relating exclusively or partially to the costs of the appeal must be submitted to the Court of First Instance and will be decided by the judge-rapporteur of that court. If the successful party wishes to apply for an order for...

Infringement proceedings stayed at unanimous party request, pending appeal against the decision to revoke the patent in its entirety upon unanimous request of the parties (Rule 37(4) RoP, Rule 295(m) RoP).

Request for suspensive effect of appeal, regarding a decision not to extend a time period and to allow amendment of infringement claim with equivalency, admissible but unfounded (Art. 74(1) UPCA, Rule 223 RoP, Rule 263 RoP). Parties submit their statements in the written procedure without knowing how their allegations...

Request ICPillar for confidentiality of insurance policy rejected on 23 July 2024 (Rule 262A RoP). ARM given the opportunity to amend its Statement of response regarding the unredacted version of Exhibit 4 by 2 August 2024. (Rule 263 RoP). ICPillar not given an opportunity to amend its Statement and grounds of appeal...

Request to publish a redacted version of settlement agreement granted (Rule 11 RoP, Rule 365 RoP). Application to withdraw exhibits by party agreement from the proceedings granted. Reimbursement of 60% of Court fees (Rule 370(9) RoP). Case was assigned to a single judge at the request of the parties, and the settlement...

Unless otherwise ordered by the court, the intervener is to be treated as a party (Rule 315(4) RoP). Just like a party, he therefore has the option of filing an application for protection of confidential information with regard to the information contained in the pleadings submitted by him (Rule 262A RoP).

Parties may at any time conclude their action by way of settlement, which may be confirmed by the Court (Rule 365 RoP), by way of agreement to withdraw the action (Rule 265 RoP) or by application to dispose of the action for having become devoid of purpose (Rule 360 RoP).

In view thereof, time extension for Statement of response reasonable, also taking into account the summer holiday period (Rule 9 RoP, Rule 235 RoP).

Necessary coordination with suppliers based outside Europe is not a convincing reason for an exceptional extension of the time. Neither that  exchange of technical information is subject to very restrictive confidentiality obligations imposed on the defendants 3) and 4). this does not justify the requested extension. T...

Video recordings exceeding the maximum size for exhibits to be uploaded to the CMS can be submitted on a USB stick as so-called “physical exhibit” (with a detailed ‘how to’-instruction by the judge-rapporteur) (Article 53 UPCA, Rule 4 RoP, Rule 9 RoP).

Application to preserve evidence or inspect premises implies a request to disclose the outcome of the measures (evidence) to the applicant and the procedure aims not merely to preserve evidence but also to disclose the evidence to the applicant (Article 60 UPCA, Rule 192 et seq. RoP). Order to preserve evidence or...

Intervention admissible on the condition that the intervener deposits a security for costs in the amount of EUR 134.000 with the UPC by 20 August 2024 ((Rule 314 RoP). While Article 69(4) UPCA only provides for the provision of a security for costs by the plaintiff, Rule 158 RoP extends the circle of addressees of such...

Application to stay infringement proceedings pending a decision of the Paris Central Division in the revocation procedure rejected as unjustified (Article 33(4) UPCA, Rule 118(2)(b) RoP, Rule 295 RoP). Only partial identity of the parties, highly likely that the Central Division will not retain jurisdiction, state of...