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...

Requests to be decided by the judge-rapporteur or the panel. Procedural economy: request to amend the action based on a request to amend the patent  (R. 30 RoP, R. 263 RoP, R. 334(h) RoP))
The Judge-Rapporteur must keep in mind the principle of procedural economy not only with regard to the parties, but also as a...

IPPT20241227, UPC CFI, LD Düsseldorf, Ona Patents v Google 
€ 500.000 security for costs (R. 158 RoP). There are no apparent financial reserves other than the minimum amount of share capital. Even any financial support from third parties, such as the licensee, is not certain, apart from the question of whether it would...

Revocation rejected, patent maintained as amended by auxiliary request (Article 65 UPCA).Parties are to submit copies of documents relied on (the patent in dispute, in the version issued by the EPO, and the original application) into the proceedings (Article 76 UPCA). Within the regulatory system of ‘UPC’, each party...

An order granting security for costs (R. 158 RoP) can be revoked or amended by the Court if there is a change in the factual circumstances underlying the order. Granting this opportunity to the parties, even in absence of a specific and direct legal provision, is necessary to render the measure consistent with its...

Confidentiality club rules (R. 262A RoP). To the extent that the Defendant 7. requests access for another lawyer, there is no need to grant such access. Either the lawyer for whom access is requested is actively involved in the case. In this event, it is already the responsibility of the Defendant’s 7. representatives...

Cost decision to pay € 1,764 for legal costs regarding unsuccessful intervention. Application to intervene opens sub-proceedings (R. 313 RoP). Successful party in intervention sub-proceedings entitled to ask for legal costs  compensation (R. 151 RoP, Article 69 UPCA) in accordance with the general principle that the...

Only the Court of Appeal has the power to suspend the execution of a decision (Article 74 UPCA, R. 223 RdP) and to date no appeal has been lodged against the decision on the merits. Confidentiality club (R. 262A RoP) for invoices and accounts of LMA France that will be communicated in the context of the execution of...

Injunction regarding SEP patent. Effective cancellation of opt out (Article 83(4) UPCA, Rule 5.7 RoP). The effective date of a cancellation of an opt-out is the date of entry in the register if no correction is requested from the registry. The only required form for the cancellation is the corresponding CMS workflow...

Preliminary objection dismissed (R. 19 RoP). An alleged patent infringement is a matter of tort, delict or quasi-delict in the meaning of Art. 7 sub (2) of the Brussels I recast Regulation. Thus, the UPC has jurisdiction also for claims based on personal (director) liability with regards to an alleged infringement of a...