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ARTICLE · 15 JANUARY 2025

CoA, December 23, 2024, Oder Concerning An Application For A Discretionary Review (Rule 220.3 RoP)

Bardehle Pagenberg
Bardehle Pagenberg
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Bardehle Pagenberg

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An unconditional application to reduce the amount of damages claimed shall be considered as an unconditional application under Rule 263.3 RoP.

GermanyLitigation, Mediation & Arbitration
Markus Morgenroth
Markus Morgenroth
Jan Bösing
Jan Bösing
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1. Key takeaways

Unconditional right to limit claims for damages (R. 263.3 RoP)

  • An unconditional application to reduce the amount of damages claimed shall be considered as an unconditional application under Rule 263.3 RoP.
  • Leave to limit a claim in an action unconditionally shall always be granted.

Procedure for determining the value of the action (R. 22, 104, and 370.6 RoP)

  • The judge-rapporteur is responsible for determining the value of the action during the interim procedure.
  • This determination must reflect the objective interest pursued by the filing party at the time of filing the action.

2. Division

Court of Appeal

3. UPC number

UPC_CoA_826/2024

4. Type of proceedings

Request for discretionary review pursuant to Rule 220.3 RoP

5. Parties

  • Applicant and Defendant in the main proceedings: Microsoft Corporation
  • Respondent and Claimant in the main proceedings: Suinno Mobile & AI Technologies Licensing Oy

6. Patent

EP 2 671 173

7. Jurisdictions

Unified Patent Court

8. Body of legislation / Rules

  • Rule 263.3 RoP
  • Rule 220.3 RoP
  • Rules 22, 104, and 370.6 RoP

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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