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ARTICLE · 05 MARCH 2024

LD Hamburg, 25 January 2024, Decision, UPC_CFI_559935/2023

Bardehle Pagenberg
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The plaintiff filed a claim for damages subsequent to a German patent infringement case in which the defendant had been found to infringe the German part of EP 1 740 740 B1.

GermanyLitigation, Mediation & Arbitration
Michael Horndasch
Michael Horndasch
Georg Anetsberger
Georg Anetsberger
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1. Key takeaways

Background

The plaintiff filed a claim for damages subsequent to a German patent infringement case in which the defendant had been found to infringe the German part of EP 1 740 740 B1.

The defendant objected to the jurisdiction of the court regarding the damages claim. This objection was allowed by the judge-rapporteur, as per Rule 19 of the Rules of Procedure (RoP).

In response to the judge rapporteur's decision, the plaintiff requested a review by the entire panel of judges, as per Rule 331.1 and Rule 333.4 of the RoP. This request aimed to challenge the judge-rapporteur's decision and continue the proceedings before the entire panel of judges.

Admissibility of a request for review of a decision of the judge-rapporteur pursuant to Rule 333 RoP

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