UPC CFI LD Lisbon, 16 August 2024, Compliance with the Statement of claim requirement to disclose litigation
23-08-2024 Print this page
The Statement of claim requirement to provide “information about any prior or pending proceedings relating to the patent concerned” of Rule 13.1(h) RoP specifically serves the purpose to limit the risk of contradictory decision and lis pendens situations, which can formally be avoided based on the requirements to inform the UPC of prior or pending proceedings relating to the patent concerned before the case is attributed to a panel.
The Court further notes that, in case of a possible ex parte proceedings, R. 206.4 RoP demands even higher requirements – any pending proceedings and/or any unsuccessful attempt in the past to obtain provisional measures in respect of the patent.
Rule 13.1(h) RoP requires only information, not any kind of Annexes or evidence.
