1. Key takeaways
Default judgment is available if the defendant fails to
respond (R. 355 RoP, R. 23 RoP)
The court may issue a default judgment if the defendant does not
file a statement of defense within the prescribed period, provided
service of the complaint was validly effected.
Service at trade fair booths is valid for UPC
proceedings (R. 271.5 (a) RoP)
Service of a statement of claim at a defendant's trade fair
booth in a Contracting Member State is sufficient to establish
jurisdiction and proper notification for UPC litigation.
Patent infringement must be substantiated, even for a
default judgment (R. 355.1 RoP)
A default judgment may be granted in court's discretion
("decision by default may be given"). The court will
grant relief only if the claimant's submissions credibly
establish all elements of patent infringement, even if
uncontested.
