Rule 362 – Absolute bar to proceeding with an action

The Court may at any time, on the application of a party or of its own motion, after giving the parties an opportunity to be heard, decide that there exists an absolute bar to proceeding with an action, for example because of the application of the principle of res judicata.

Case law

Court of First Instance

IPPT20250729, UPC CFI, LD Mannheim, Mailikie Innovations v Discord
Infringement action not manifestly bound to fail (R. 361 RoP) nor absolute bar to proceeding with infringement action (R. 362 RoP). German law requirements (Article 25 GPA) regarding having registered a domestic representative for the German national part of the patent-in-suit with the competent German Patent and Trademark Office (GPTO) or a power of attorney that fulfils the requirements of said provision is a German law procedural requirement but not substantive law.

IPPT20250226, UPC CFI, LD Munich, Hereaeus v Vibrantz
Court exercises discretion to postpone decision on absolute bar to proceeding with counterclaim for revocation against the German part of the patent because of a decision by the Bundespatentgericht until after main hearing of 1 July 2025 since both parties do not want to jeopardize the main hearing (R. 362 RoP, R. 363 RoP).