UPC Local Division Düsseldorf 22 November 2023: decision to hear both the infringement action and the invalidity counterclaim

Ordered before the conclusion of the written procedure

(i) to hear both the infringement action and the counterclaim for a declaration of invalidity and

(ii) to request the President of the Court of First Instance to assign a technically qualified judge (article 33(3)(a) UPCA, Rule 37 RoP).

The joint hearing of infringement and revocation counterclaims can be useful for reasons of efficiency alone. It is also advantageous in terms of content, as it allows a decision to be made on both the legal status and the question of infringement on the basis of a uniform interpretation by the same panel in the same composition. This applies all the more if the complexity of the technology in dispute is rather moderate in the known spectrum of patent disputes and the number of validity attacks is also manageable.

IPPT20231122, UPC CFI, LD Düsseldorf, myStromer v Revolt Zycling