UPC Local Division Düsseldorf, 19 december 2023: procedural order to hear both the infringement action and the invalidity counterclaim

The trend continues: fears of bifurcation seem overrated. 

In a procedural order of 19 December 2023 in Nutricia v Nestlé, the UPC Local Division Düsseldorf ruled for the third time in three consecutive orders to hear the invalidity counterclaim in a pending infringement action.  The two earlier orders : IPPT20231201, UPC CFI, LD Düsseldorf, Kaldewei v Bette and  IPPT20231122, UPC CFI, LD Düsseldorf, myStromer v Revolt Zycling

Like before, the court underscored that hearing both actions is appropriate for reasons of efficiency as well as pereferable, because the same panel will decide both actions on the basis if a uniform interpretation of the patent. 

In the two earlier orders the court expressed some reservations if the case would involve more complex technologies. 

This time the court, however, found that it was "undoubtedly capable of deciding both matters" even though "validity and infringement issues in the chemical/pharmaceutical field can be demanding". The court felt confident because "the panel is composed of judges who are very experienced in patent law and familiar with difficult issues in this context" and because of "the assignment of the TQJ, who is experienced in the technical field in question."

IPPT20231219, UPC CFI, LD Düsseldorf, Nutricia v Nestlé
Procedural order to hear both the infringement action and the counterclaim for revocation   (Article 33(3)(a) UPCA; Rule 37 RoP).