Grounds for the decision are not based on personal opinion of one or more of the judges but on evidence, including the patent specification, supporting Nanostring’s arguments. With the words "in the judgement of the technically competent court" only expressed that it was particularly equipped and qualified to assess...

Statement of claim cannot be validly served on Xiaomi companies in China and Hong Kong at the business address of Xiaomi DE in Germany (Rule 273 - 274 RoP). No decision on costs by the Court of Appeal because the decision in appeal is not a final order or concluding an action (Rule 151 RoP, Rule 242(1) RoP)

No waiver translation requirements, given that the panel as a whole lacks the necessary language skills with regard to the original German-language documents (Article 51(1) UPCA, Article 42 UPCA, Rule 7(1) RoP). Art. 51 (1) UPCA is based on the idea of a flexible and efficient procedural organisation, whereby an...

Leave to change claim rejected (Rule 263(2)(a) RoP). If either condition is not met, the court's discretion is reduced to zero and it must refuse the application.The applications for injunctive relief and further corrective measures, i.e. recall, permanent removal and destruction of the allegedly infringing embodiments...

Subsequent request to amend the patent requires permission of the Court, which permission can be postponed at the discretion of the Court, in which case admission of the auxiliary request is still possible depending on the further progress of the proceedings (Rule 30(2) RoP). Two month period of Rule 32(1) RoP for...

Security for costs dismissed (Rule 158 RoP). Neither a financial risk nor a likelihood of unenforceability is presented to the Court. It is not disputed by the parties that the claimant, as part of the PepsiCo group, is financially able to comply with a decision on costs. The defendant's sole argument that it had...

Security (deposit) to be released (when the period for requesting panel review has expired) (Rule 333 RoP, Rule 352(2) RoP, Rule 45 Registry Rules). Double security – a deposit and a bank guarantee – can also be the reason and cause for a release decision.

An amendment of an application for amendment of a patent is not governed by Rule 263 RoP but to be classified as a subsequent request to amend the patent within the meaning of Rule 30(2) RoP, which is admissible only with the permission of the Court Territorial limitation of the amendment was inadmissible, in the...

Request for communication of invoices, relating to the allegedly infringing cartridges [..] which were imported by LAMA FRANCE outside the territory of the European Union, granted, subject to confidentiality club (Rule 191 RoP, Rule 262A RoP). The question […] is whether LAMA is a manufacturer, importer, and/or offers...

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...