UPC CFI CD Paris, 2 July 2024: Infringement action not manifestly inadmissible
03-07-2024 Print this page
Request rejected to declare the infringement action manifestly inadmissible (Rule 361 RoP) because (a) the claimant was not duly represented according to Article 48 of the Unified Patent Court Agreement (‘UPCA’) and Rule 8 (1) ‘RoP’ or (b) the content of the statement of claim was insufficient, as it lacked the requirements provided for by Rule 13 (1) (k) ‘RoP’.
On due representation (Article 48 UPCA, Rule 8 (1) RoP, Rule 290(2) RoP): The mere fact that […] also carries out active administrative tasks on behalf of the represented party and that he may be directly interested in the outcome of the case is not decisive in order to consider that the representative is not independent for the purposes of interest here. Possible violation of the obligation of independence can only be asserted by the represented party, not by the counterparty.
On the statement of claim being insufficiently concrete and specific not meeting the requirements set forth by Rule 13 (1) (k) ‘RoP’. The relief sought by the claimant is an injunction to the defendant to cease and desist the importation and sales of the alleged infringing embodiment in some specific national markets. […] the ‘nature’ of the order of the remedy sought is clearly indicated. The same can be said with regard to claimant’s request to determine and award past damages with interest. Indeed, in the statement of claim the claimant assumes ‘April 2019 and later years in Finland, Germany, and France for the period of infringement’. Therefore, the period of the infringement appears to be determined in a sufficient clear manner.