UPC CFI LD Mannheidm, 22 February 2024: Request for joint hearing of revocation and infringement actions rejected

Request for joint hearing of revocation and infringement actions rejected (Rule 340 RoP, article 33 UPCA). 

Inadmissible because it conflicts with jurisdictional regime of article 33(1) and (4) UPCA. Even if the plaintiff had been granted a right to choose between the local and the central division when bringing the infringement action pursuant to Art. 33(5), first sentence, UPCA, the exercise of this right to choose in favour of the local division may not be subsequently overridden by a joinder pursuant to R. 340.1. 

In any case the discretion provided in Rule 340 RoP because it does not serve the interest of a proper administration of justice. The nullity proceedings before the Central Division are already at an  more advanced stage and a referral toe the Central Division a requested would be accompanied by a change in the language of the proceedings. 

IPPT20240222, UPC CFI, LD Mannheim, MED-EL v Advanced Bionics