An appeal against a decision of the judge rapporteur can be admissible if it is the subject of the appeal whether the judge rapporteur was entitled to issue the decision under appeal.

On April 12, 2021, Part II of the Patent Regulations under the Eurasian Patent Convention (EPC) was brought into effect, together with related documents ...

Failure to lodge Statement of response within the time limit of R. 235.2 RoP

Article 33(1), third paragraph UPCA, establishes alternative, not exceptional, competence for the Central Division regarding defendants outside Contracting Member States.

An order to preserve evidence pursuant to Art. 60 UPCA also allows for the seizure of promotional and commercial documents (potentially) proving infringing activities and is not limited to documents concerning the technical details of the product or process in question.

Arendt Case Review est une newsletter conçue par Arendt Litigation Group pour vous informer de décisions récentes rendues par les juridictions luxembourgeoises et/ou européennes.

Attics and lofts are the space under the roof between the frame and the top floor. Sometimes they are empty, sometimes they are fitted out.

On 23 March 2023, Luxembourg adopted Bill 7671 on the reform of arbitration, which completely recasts the provisions of the New Code of Civil Procedure relating to arbitration, which had remained virtually...

On 23 March 2023, the Luxembourg Parliament voted to modernize and update the arbitration law, applicable to arbitrations seated in Luxembourg.

En date du 2 décembre 2021, la Chambre des Députés a procédé au vote du projet de loi N°7785 portant modification du Code de procédure pénale.

The primary legal issue revolves around the suspensive effect of an appeal, specifically under Rule 223.4 RoP, which allows for suspensive effect in cases of extreme urgency.

The Unified Patent Court's Court of Appeal examines multiple appeals stemming from infringement and revocation proceedings between Fujifilm Corporation and Kodak entities concerning European Patent EP 3 476 616. The case involves complex jurisdictional questions under the UPC Agreement and raises fundamental issues about patent validity and enforcement across Germany and the United Kingdom.

The Court of Appeal of the Unified Patent Court recently issued a decision examining whether omitting an elastomeric sealing member from a patent claim constitutes added matter, applying the EPO's "gold standard" test while emphasizing the importance of functional and structural relationships between features. The ruling provides crucial insight into how the UPC approaches intermediate generalizations and whether its methodology differs from the notoriously strict EPO practice on added subject-matter.

The Luxembourg government proposes to reform certain aspects of the tax assessment and tax litigation procedures

The Court of Appeal of the Unified Patent Court addresses a procedural question regarding conditional appeals in patent revocation counterclaims. This case examines when fee obligations are triggered for counterclaimants who lodge conditional appeals tied to the infringement claimant's appeal, and how the Rules of Procedure govern such conditional filings in UPC proceedings.

Luxembourg is a civil law country and has a codified legal system largely based on the French codes. The rules governing civil procedure are laid down in the New Code of Civil Procedure ...

On 29 July 2024, the Court of Justice of the European Union (CJEU) delivered an important judgment on the legal professional privilege. The judgment follows preliminary questions referred to the CJEU...

On 28 March 2023, a new draft law (the "Draft Law") was presented to the Parliament which amends the Luxembourg General Tax Law ("GTL") as well as some other laws...

Arendt Case Review is a newsletter designed by the Arendt Litigation Group to inform you about recent decisions of the Luxembourg and/or European courts.