Reasoned request to stay proceedings must be in statement of appeal and lack thereof cannot be remedied at the interim conference (Rule 21.2 RoP). As a general rule, the main proceedings are not stayed pending an appeal because of the principle that proceedings before the Court of First Instance must 

Confidentiality order remains in place after the legal proceedings have ended and encompasses appeal proceedings. Any limitation of a non-disclosure obligation must be explicit (Rule 262A RoP, Article 9(1) Trade Secrets Directive)

No suspensive effect given to appeal from order to provide security (Rule 220 and 223 RoP, Article 74 UPCA) and request to expedite appeal rejected (Rule 9(3) RoP). Granting suspensive effect to an order pursuant to R.220.2 RoP, is possible under Article 74 UPCA notwithstanding  R.223.5 RoP. Suspensive effect only to...

Preliminary measures denied. No sufficient degree of certainty that patent is valid (Article 62(4) UPCA; Rule 211(2) RoP). Added matter under the so-called “gold standard” disclosure test of the Boards of Appeal of the EPO for added matter (article 138(1)(c) EPC). 

Immediately enforceable preliminary injunction for direct infringement and order to deliver up devices in direct or indirect possession, subject to a recurring penalty payment (Rule 211 RoP). International jurisdiction UPC (Article 31 UPCA): competence for Ireland undisputed (Article 26 BR); Court does not understand...

Further exchange of written pleadings in appeal proceedings allowed (Rule 36 RoP). The Court of Appeal considers the request by Audi to be sufficiently reasoned. It wants to correct some facts submitted by NST in relation to its behavior in the market, together with written evidence. The Court of Appeal considers that...

Confidentiality regime (Rule 262A RoP) and extension of deadlines for filing Rejoinder to the Reply in infringement proceedings and Reply to the Defence in the revocation proceedings (Rule 29(d) RoP): rejected for the technical aspects of the case (legal facts and infringement facts); granted for FRAND aspects of...

Order against the requesting party itself to produce license agreement under confidentiality regime (Rule 262A RoP). With reference to the statements of the Local Chamber Mannheim in the order of 30/04/2024, orders against the requesting party itself are in any case possible pursuant to Rule 103 RoP.

Valid withdrawal of opt-out on behalf of NST by a representative included in the official list of patent attorneys kept by the Registrar pursuant to Art. 48.3 UPCA who was not required to justify with powers of attorney at the time of filing the application on behalf of NST (Rule 5.3(b)(i) RoP, Article 83.3 UPCA). NST...

Deadline for filing Preliminary objection by defendants 3-5 is extended by agreement from 13/05/2024 to 17/05/2024 (the deadline for defendants 1-2) (Rule 9.3 RoP, Rule 19.1 RoP). If all parties agree on the request, the request must generally be granted unless there are serious reasons to the contrary. No reasons to...

Interim conference (Rule 104 RoP). Access granted to written report and any other results of the measures of inspection of the premises and preservation of evidence which can only be used in the proceedings on the  merits (Rule 196.2 and 199 RoP). No order to declare chain of sales and resale by defendant (Rule 104(e)...

Rebuttable presumption that the registered person is the patent proprietor (Rule 8(5) RoP). Defendants allowed to examine those resolutions to which the property right holder listed in the register, i.e. the plaintiff, has itself referred in the proceedings (Rule 190 RoP), inluding: the resolution of the Board of...

Preliminary injunction for Germany and France (Rule 211 RoP). Urgency (Rule 209(2) RoP): Two months is normally not an unreasonably long wait for filing an application for provisional measures in the case of a suspected infringement in two or more countries, in view of the necessary prior examination as to whether the...

The object and purpose of Art. 83(3) UPCA make clear that the opt out Application must be lodged by or on behalf of all proprietors of all national parts if there are more validations. The legislator has expressly chosen that, as a default position, there is an automatic transition into the jurisdiction of the UPC and...

Application to withdraw appeal in relation to two (Xiaomi DE and Xiaomi NL) of several defendants rejected (Rule 265 RoP). The Court of Appeal will consider whether those respondents have already been served the Statement of grounds of appeal, whether they want the appeal to be adjudicated in relation to themselves as...

Change of language of the proceedings from German to English in proceedings between Samsung and American company Headwater (Article 49(5) UPCA, Rule 323 RoP). While considering that the claimant may also be in a critical situation and obligated to respond promptly for economic reasons, [...] the position of the...

Now that the UPC is nearing its one-year anniversary at June 1 and has published close to 200 orders and decisions, we see that UPC panels use their best efforts to refer to UPC precedents in their judgments. That is of course more than welcome for the enthusiastic UPC fanbase that is trying to keep up with the...

No stay of revocation proceedings pending EPO opposition, appeal rejected. (Article 33(10) UPCA; Rule 295(a) RoP). Oral proceedings in the opposition is 25 October 202; scheduled date for the oral hearing in the revocation proceedings before the UPC is 21 June 2024. As a general principle, the Court will not stay...

IPPT20240527, UPC CFI, LD Munich, NEC V TCL
Extension of deadlines to file Statement of Defence: wrong Annexes were provided with the Statement of Claim; non-compliance with Rule 13.2 RoP.

Request by the Appellants to expedite the appeal against an order in which an application for security for costs was dismissed and shorten any deadlines where possible is denied for being too unspecified and insufficiently substantiated. (Rule 9(3) RoP, Rule 224(2)(b) RoP).