Rule 303 – Plurality of defendants

1. Proceedings may be started against a plurality of defendants if the Court has competence in respect of all of them.

2. The Court may separate the proceedings into two or more separate proceedings against different defendants.

3. Where the Court orders a separation of proceedings under paragraph 2, the claimants in the new proceedings shall pay a new court fee in accordance with Part 6, unless the Court decides otherwise.

Case law

IPPT20231204, UPC CFI, LD Düsseldorf, Seoul Viosys v expert e-Commerce 

Separate infringement proceedings ordered for two different patents (Rule 302 RoP), no separate proceedings for the two different defendants (Rule 303 RoP).  The Local Chamber currently sees no reason for a separation in accordance with R. 303.2 VerfO. Even if the action is directed against two defendants, it concerns the same contested embodiment. Therefore, there are considerable synergy effects with regard to both the interpretation and the answer to the question of infringement. For this reason alone, it is justified to refrain from separating the proceedings with regard to the defendants.