Certain information classified as confidential for confidentiality club (Article 58 UPCA, Rule 262A RoP, Article 9 Trade Secrets Directive). The fact that precisely the information now classified as confidential by the Defendants was publicly discussed in the Stuttgart proceedings has not been sufficiently demonstrated...

Application for discretionary review of confidentiality club order with no leave to appeal dismissed (Rule 220(3) RoP, Rule 262A RoP). No reasons set out that would justify allowing appeal against the order of the Local Division Mannheim of 22 July 2024, which is based on the principle that the abstract risk that an in...

Request for discretionary review in the absence of leave to appeal (Rule 220(4) RoP). Parties cannot take procedural steps of their own motion (Rule 9(1) RoP; Rule 36 RoP). It follows from Rule 36 RoP that a reasoned request and authorisation by the judge is required. The written submissions provided for in R.220.4 of...

Inadmissible request for discretionary review by the Court of Appeal of an order rejecting – without leave to appeal – the ‘R.361 RoP request’ to declare the revocation action manifestly inadmissible (Rule 361 RoP). Leave to appeal as provided for in Rule 220.2 RoP required because the provision of Rule 363(2) RoP that...

Generally unjustified to stay revocation proceedings because of appeal against the denial of provisional measures (Rule 295(m) RoP). If the lodging of an appeal would suffice for a stay of proceedings, a party lodging an appeal against a decision rejecting provisional measures would have it in its hands to influence...

Reply to Statement of response not taken into account. Further written pleadings may only be filed after a Rule 36 RoP request, filed before the closing of the interim procedure, has been granted (Rule 239 RoP). In appeal there is no provision for notification in accordance with Rule 35a RoP.

All parts of the Rejoinder to the Reply to the Statement of defence of HP, except point 3 and related exhibits, excluded as inadmissible: not limited to a response to the matters raised in the Reply to the Statement of defence (Rule 29(c) RoP). If HPDC considered that new arguments on the infringement claim justified...

Application for security for legal costs dismissed (Article 69 UPCA, Rule 158 RoP). No indication that the Claimant would lack assets or will to pay costs of the proceedings and other costs incurred (or to be incurred) by Defendants, which the Claimant may have to bear. Nor is there any evidence suggesting that a...

No stay of proceedings because a final decision in EPO opposition cannot be expected rapidly; notice of opposition filed on 7 March 2024 (Article 33(10) UPCA, Rule 295(a) RoP). Stay of proceedings because of pending EPO opposition is during the written procedure governed by Article 33(10) UPCA and Rule 295(a) RoP ...

Manifestly erroneous that Ireland is a Contracting Member State of the UPC (Article 84.2 UPCA) and  thus cannot be considered to be covered by Abbott’s request for a preliminary injunction. The Court of First Instance therefore awarded more than was requested for, which is contrary to Art. 76 UPCA. Suspensive effect...

The Statement of claim requirement to provide “information about any prior or pending proceedings relating to the patent concerned” of Rule 13.1(h) RoP specifically serves the purpose to limit the risk of contradictory decision and lis pendens situations, which can formally be avoided based on the requirements to...

Wide discretion of the Court to design how “time shall begin to run afresh” after the stay of proceedings comes to an end in accordance with the relevant general principles such as procedural economy and flexibility (Rule 296(3) RoP). In the court's view, this is essentially a situation in which the claimant has to...

Petitioner’s request for access to the Statement of claim, the pleadings including the evidence rejected at the current stage of the proceedings (Article 45 UPCA, Rule 262 RoP). The general interest of justice includes the protection of the integrity of the proceedings. During pending proceeding the access requested by...

Withdrawal of Statement for Revocation before being served has the same legal effect as if it had not been lodged at all. No legitimate interest for the Defendant to participate (Rule 265 RoP). Reimbursement of 60% of Court fees (Rule 370(9) RoP).

Confidentiality club protection for trade secrets and confidential information, restricting use or disclosure outside of the present court proceedings.  (Rule 262A RoP, Article 9 Trade Secrets Directive). The existence of a trade secret does not have to be established to the court's satisfaction, but it is sufficient...

Confidentiality club membership (Rule 262A RoP). In general, there is no reason to limit the authorised representatives of a party to a certain number or even to UPC representatives and their internal assistants, who must also be named. However, it must be clear who is obliged to maintain confidentiality and who can be...

Service of written pleadings via other electronic systems than the CMS cannot be considered effective service under  Rule 278.1 RoP.

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...