1. Key takeaways
Standstill provisions do not impact UPC's
jurisdiction
Even if a standstill provision requiring pre-suit notification
is breached, this does not affect the Court's jurisdiction or
the admissibility of the action. The Court emphasized that access
to justice is a fundamental right (Art. 47 of the Charter of
Fundamental Rights of the EU), but that such a breach may have
contractual implications.
Front-loaded proceedings are crucial
The Court highlighted again the principle of
'front-loaded' proceedings by excluding late-filed prior
art (documents 'Menot' and 'Lieberman') and
invalidity arguments. This emphasizes the importance of Rules 13
and 44 RoP, requiring parties to present their complete case early
on for procedural efficiency and fairness.
