2023 UPC August

IPPT20230828, UPC CFI, LD Helsinki, AIM Sport Vision v Supponor
Procedural order in main proceedings and provisional measures proceedings concerning issues to be addressed in written submissions, invitation to an oral hearing in front of the whole panel, including a technically qualified judge, and instructions regarding oral hearing.

IPPT20230829, UPC CFI, LD Munich, Amgen v Sanofi-Aventis
Service of Statement of claim (Rule 13 RoP, Rule 271 RoP). Pursuant to Rule 13 of the Rules of Procedure, an action can be validly filed and served without annexes if the submission of these annexes is merely announced at a later date in the statement of claim.The requirement to grant the defendant a sufficient right to be heard, also with regard to attachments submitted at a later date, may need to be met by fine-tuning the time limit regime.

IPPT20230825, UPC CFI, LD München, Tesla v Avago
Service of Statement of claim by registered letter (Rule 271(6) RoP). Posting within the meaning of Rule 271(6) RoP is regularly to be expected at the Local Court of Munich one to two days after the handover to the postal service of the Higher Regional Court of Munich.  Consequently, the Munich Local Court is in the habit of accepting a posting two days later

IPPT20230824, UPC CFI, CD Munich, Sanofi-Aventis v Amgen

Preliminary objection against competence of Central Division in revocation action rejected because revocation action was already brought before the Central Division (article 33(4) UPCA). Statement of Revocation in revocation action was lodged in hard-copy on 1 June 2023 at 11.26, prior to the Statement of Claim in the infringement action at 11.45. The Registry is the Registry of the entire UPC (article 10 UPCA, Rule 4 RoP). The Registry, being the Registry of the Court, including therefore being the Registry of the CD Munich, functions as a ‘receiving mailbox’ for the entire UPC, especially under the circumstances of Rule 4.2 RoP.

IPPT20230823, UPC CFI, LD Munich, Edwards Lifesciences v Meril

Rule 9 RoP: An intended harmonisation of the time-limit regime as such does not constitute a reason for an extension of the time-limit that runs for the opponent who was successfully served at an earlier point in time. Rather, harmonisation can also be achieved by shortening the time limit for the opponent who was only served at a later point in time. Working with the new procedural law and the CMS poses considerable challenges for all parties involved. Therefore, in the initial period, a practicable handling of the challenges that arise is required. The judge-rapporteur therefore exercises the discretion granted by the Rules of Procedure to grant the request by way of exception. Moreover, the defendant (= applicant) has agreed to the request for an extension of time.

IPPT20230822, UPC CFI, LD Hamburg, Avago v Tesla

Rule 9 RoP: No convincing reasons for extending three months time period for lodging statement of defence. The time limit for filing oppositions under Rule 23 of the Rules of Procedure is already calculated in such a way that, for international patent disputes falling within the jurisdiction of the Unified Patent Court, it allows for a clarification of the facts and an internal coordination of the proceedings and internal coordination, even during holiday periods. Moreover, in the present case, the time limit for filing the statement of opposition already amounts to three months and six days for the first defendant and three months and eight days for the second defendant without the requested extension of the time limit due to the calculation of the time limit pursuant to Rule 271.6(b) in conjunction with 271.4(a) of the Rules of Procedure. Reference is made to the calculation of the time limit communicated by the judge-rapporteur in his order of 10 August 2023. The fact that certain central contact persons at the defendants and the suppliers could not be reached during the vast majority of the deadline period due to holidays is neither apparent nor asserted by the defendants.

IPPT20230814, UPC CFI, LD Munich, Edwards Lifesciences v Meril
Successful service under Rule 271.1.c of the Rules of Procedure on one of several defendants also constitutes, in the circumstances of the main proceedings, effective alternative service on another defendant under Rule 275.2 of the Rules of Procedure.

IPPT20230810, UPC CFI, LD Munich, Edwards Lifesciences v Meril

The prevention of a divergence of the deadlines for lodging a preliminary objection (Rule 19) is not necessary per se. On the one hand, an extension of the opposition period is not necessarily accompanied by an extension of the time limit for filing a statement of defence. This is because, as Rule 19.6 shows, the running of the time limit for filing a statement of opposition is not even affected by the filing of the statement of opposition, unless the reporter decides otherwise. Secondly, the opposition alone concerns the issues of the jurisdiction of the court, the use of the exception under Rule 5 of the Rules of Procedure, the jurisdiction of the Chamber and the language of the proceedings. These issues per se can be answered quickly and also differently for different defendants. Furthermore, a legal interest of the other party to have certainty on these issues, also in relation to individual defendants, as soon as possible must also be recognised. However, it should be noted that working with the new procedural law and case management system (CMS) poses significant challenges to all parties involved. Therefore, a practicable handling of the challenges that arise is required in the initial period. The Rapporteur therefore exercises the discretion granted by the Rules of Procedure to grant the application by way of exception.

IPPT20230802, UPC CFI, LD Den Haag, Plant-e v Arkyne

Rule 7 RoP decision: No need to submit Dutch translations of English documents. The [foreign] defendant has not yet appeared, but one cannot see that it could have any interest in a Dutch translation. The request is therefore granted: there is no need to file translations of English-language documents.