UPC Local Division Düsseldorf, 1 December 2023: decision to hear both the infringement action and the invalidity counterclaim
19-12-2023 Print this page
The local division proceeds with both the action for infringement and with the counterclaim for revocation (article 33(3)(a) UPCA).
Such a joint hearing of the infringement action and the counterclaim for a declaration of invalidity appears to make sense 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 of judges in the same composition. Such a uniform approach is all the more justified if the complexity of the technology in dispute - as here - is rather moderate in the known spectrum of patent disputes and the number of attacks on the legal validity is also manageable.
