Confidentiality club and deadline extension from 17 July to 14 August 2024 (Rule 262A RoP, Rule 29 RoP). The extension is necessary but also sufficient to make a final statement on the FRAND aspect of the dispute. Case management (Rule 101 RoP) With regard to the further organisation of the parties' work, it should be...

Disclosure limited to authorized representatives (article 48 UPCA) in proceedings before UPC Local Divisions in Mannheim and Munich. The issuance of a secrecy protection order is not excluded simply because the plaintiff inadvertently uploaded her reply in a workflow relating to another parallel proceeding before the...

Time period for lodging Statement of response extended with 15 days after unredacted version of Exhibit 4 has been made available to ARM’s representatives (Rule 9 RoP, Rule 262A RoP, Rule 235).

Withdrawal of appeal from provisional measure with consent (Rule 265 RoP, Rule 151(d) RoP). The cost of the appeal incurred by Curio shall be borne by 10x , in an amount to be determined by the Court of First Instance (as requested by both parties) 

Case management order (Article 43 UPCA, Rule 9(1) RoP, Rule 101(1) RoP). Incorporation by reference of the instructions in parallel proceedings regarding the same patent (IPPT20240627, UPC CFI, LD Mannheim, Panasonic v Orope). Instructions regarding issues to be discussed related to added subject matter, priority and...

Confidentiality regime (Rule 262A RoP) and extensions for filing pleadings (Rule 9(3) RoP, Rule 29 RoP). The time limit for filing a Rejoinder shall only run from the date on which the defendants have been served with a completely unredacted Reply. This shall not affect the running of the time limits for the submission...

Confidentiality club rules (Rule 262A RoP). Disclosure limited to authorised representatives in the present proceedings, parallel proceedings before the Landgericht München and the Landgericht Mannheim, the UPC Local Divisions in München and Mannheim and before the High Court of Justice of England & Wales. Penalty...

Reasons for validity dependent claims to be presented by patentee (Article 65(2) UPCA). It is not for the Court to provide reasons why any of the grounds for revocation referred to in Art. 65(2) UPCA, as presented by ABBOTT, would not apply to dependent claims 2 to 9. 
 

IPPT20240709_UPC_CFI_LD_Mannheim_Panasonic_v_Orope.pdfAccess for three natural persons is generally not objectionable in terms of numbers in case of complex technical matter. In the absence of indications to the contrary, persons who are professionally familiar with the handling of confidential information, can...

Confirmation of settlement reached between the parties (Article 79 UPCA, Rule 365 RoP). Reimbursement of 20% of the court fees paid in connection with the application for provisional measures (Rule 370 RoP).Such reimbursement is not precluded by the fact that the present proceedings concern an Application for...

No extension of time period for filing rejoinder to the reply to the defence to revocation because of new prior art submitted in reply to defence to revocation or because of attack by counterclaim for revocation before Hamburg Local Division (Rule 9(3) RoP). The Court may extend a deadline set by the Rules of...

Direct (undisputed) infringement (Article 25 UPCA) and indirect infringement (Article 26 UPCA). Indirect infringement requires a double territorial connection. This means that, on the one hand, the offer and/or delivery must take place in the territory and, on the other hand, the invention must also be used in the...

Application to amend the patent not inadmissible because Defendant failed to initiate the correct workflow in the CMS (Rule 4.1 RoP, Rule 49.2(a) RoP). The arguments underlying the Application to amend were brought to the attention of the court and Plaintiff within the 2-month time limit of R 49 (1), (2) RoP. No...

Request rejected to declare the infringement action manifestly inadmissible (Rule 361 RoP) because (a) the claimant was not duly represented according to Article 48 of the Unified Patent Court Agreement (‘UPCA’) and Rule 8 (1) ‘RoP’ or (b) the content of the statement of claim was insufficient, as it lacked the...

IPPT20240627, UPC CFI, LD Mannheim, Panasonic v Orope
Case management order. The following information and questions have been sent to the parties by the judge-rapporteur in order to structure the further proceedings (Article 43 UPCA, Rule 9(1) RoP, Rule 101(1) RoP). In case of technically complex subject-matter...

Time limit for filing reply to Statement of defence which includes a Counterclaim for revocation extended to two months from the date of access to unredacted information under confidentiality regime (Rule 9(3) RoP, Rule 29(a) RoP, Rule 262A RoP). Need to consult with employees of patent pool related to FRAND objections...

Simultaneous interpretation during the oral hearing  into Polish allowed, but to be decided later whether the costs thereof shall become costs of the proceedings (Article 51 UPCA, Rule 109 RoP, Rule 150 RoP). Rule 109 RoP includes a double/twofold ‘appropriateness-test’, in the sense that it is to be decided (i)...

Unfounded objection that representative is not an independent counsellor (Rule 290(2) RoP). The mere fact that […] also carries out active administrative tasks on behalf of the represented party and that he may be directly interested in the outcome of the case is not decisive in order to consider that the...

Application for provisional measures dismissed because of a lack of urgency from a temporal perspective; unreasonable delay in seeking provisional measures (Article 62 UPCA, Rule 209(2)(b) RoP, Rule 211 RoP). No necessary measures to clarify the alleged infringement and obtain the documents required to support its...

Intervention by manager of patent pool to which the plaintiff has contributed its HEVC-essential patent portfolio, including the patent in suit, allowed (Rule 313 RoP). The intervener has a sufficient legal interest in the outcome of the legal dispute. […] the intervener also fulfils the plaintiff's FRAND obligations...