An application for a security for costs may be filed at any time during proceedings (R. 158.1 RoP first sentence) and may equally be filed in first instance...

The Court of Appeal examines whether an application for suspensive effect can be withdrawn when no final decision has been issued and the opposing party provides consent, addressing the procedural requirements under Rule 265.1 of the Rules of Procedure applied mutatis mutandis.

This case started before the CJEU ruling in Huawei v ZTE. In September 2014, Sisvel had filed an action against Haier asserting infringement of EP 1 264 504 which is declared essential to one of ETSI's UMTS standards.

A supplier’s potential liability from a defendant’s recourse claim constitutes a “direct and present interest” to intervene in an infringement action under R. 313.1 RoP

An independent process claim and the corresponding description can only be relevant when determining the scope of protection of an independent product claim if the patent specification indicates that it also describes...

If these two premises are protected there is discretion for the Court to accept changes (see also the Court of Appeal of UPC (CoA), order of 21 November 2024 (UPC_CoA_456/2024, APL_44633/2024 re Rule 263 RoP)...

For late-stage interim relief requests (Art. 62 UPCA, R. 206-211 RoP), urgency has a specific meaning: the applicant must prove a new, escalating risk justifying immediate action.

It was agreed that number of invalidity attacks should be limited to five or six and the number of auxiliary requests should be limited to about ten.

Even if both parties are start-ups or SMEs, both parties have a limited cash-flow, are competitors of each other and the claimant has limited financial capacities...

In a decision dated 12 May 2016, the German Federal Court of Justice (Bundesgerichtshof – BGH) narrowed the scope of liability of WiFi access operators for rights infringements of users of WiFi access points.

The Situation: Even after the introduction of the European Unitary Patent Court, Germany remains a key battleground in major patent litigations. In the bifurcated German litigation system, nullity cases...

In the heat of the summer, the number of new proceedings before the UPC seems to have cooled only slightly.

In proceedings before the Court of Appeal, which do not involve technical issues, the Court of Appeal can decide without technically qualified judges ...

In the case at hand, the Mannheim Local Division ordered, with reference to Art. 69(4) UPCA and R.158 RoP, Claimant Total Semiconductor to provide security in an amount of € 600.000...

If an appeal is lodged against an order rejecting a preliminary objection, the Court of Appeal may stay the proceedings at first instance on a "reasoned request" by a party (R. 21.2 RoP).

A notification by the judge-rapporteur under Rule 20.2 RoP that a preliminary objection is to be dealt in the main...

In its recent decision of 11 June 2019 (docket no.: 4 U 760/19, available here), the Dresden Court of Appeals (Oberlandesgericht Dresden – Court of Appeals)

Not even employment law is immune from globalization. An ever-increasing number of employees are working on a cross-border basis, causing their jobs potentially to be subject to the laws of several countries simultaneously.

If an application for provisional measures is to be served under the Hague Convention, and the authority responsible for the service informs the Court several months after the request that service...

The date of the withdrawal declaration alone determines which version of Rule 370.9 RoP applies — and therefore the entitlement to a fee refund. When the action originally commenced does not matter.