UPC CoA, 6 August 2024: No rehearing granted, no fundamental procedural errors
22-08-2024 Print this page
Application for rehearing inadmissible; no fundamental procedural defects (Article 81 UPCA, Rule 247(e) RoP).
Grounds for the decision not based on personal opinion of one or more of the judges but on evidence, including the patent specification, supporting Nanostring’s arguments.
With the words "in the judgement of the technically competent court" only expressed that it was particularly equipped and qualified to assess the arguments and evidence presented in a technically complex matter. The assessment of the arguments and evidence presented by the parties is made by the appellate court hearing the case and is not subject to review on a motion for rehearing.
Court of Appeal not precluded from cost decision in appeal decision that concludes actions for provisional and protective measures (Rule 118(5) RoP, Rule 242(1) RoP, Article 62 UPCA).
