75 results found

The Court of Appeal of the Unified Patent Court examines the stringent requirements for granting suspensive effect under Article 74(1) UPCA and Rule 223.2 RoP in patent litigation. This decision clarifies when an applicant's interest in maintaining the status quo during an appeal can exceptionally outweigh the respondent's interests in cost proceedings related to revocation actions.

This verdict validates a garnishment order which does not target the debtors themselves but which applies

2022 was another busy year. Many legal and regulatory changes have impacted your business, and will continue to impact it in 2023.

In a judgment of 10 February 2021, the Luxembourg Court of Appeal revisited the relationship between arbitration and the role of the national courts in summary proceedings.

Les litiges, les requêtes et investigations des autorités et régulateurs, les exigences en conformité réglementaire (AML, corruption, ESG, etc.) viennent impacter et parfois bouleverser le quotidien des entreprises de tous secteurs.

The Court of Appeal of the Unified Patent Court addresses the procedural requirements for obtaining suspensive effect when filing an application for rehearing under Article 81(2) UPCA. The decision clarifies that suspensive effect is not automatic and requires independent substantiation beyond the grounds for rehearing itself, with applicants needing to demonstrate concrete, irreparable prejudice to justify departure from the default rule of continued enforceability.

Rules of civil procedure are deemed to be at the service of the parties to a dispute, as the form is meant to be an instrument of the realization of justice.

The UPC Court of Appeal Luxembourg addresses critical questions about patent amendment admissibility, claim construction methodology, and jurisdictional boundaries in cross-border infringement cases. This decision clarifies the standard of review for patent amendments under Rule 30.1 RoP and establishes important precedent on burden of proof requirements when alleging infringement in non-UPCA member states like Poland.

While the Directive applies only to cross-border disputes, the legislator took the opportunity to implement a general legal framework for mediation.

On 28 March 2023, a new draft law was released in order to simplify and modernise the rules governing the direct tax procedure in Luxembourg.

Following the entry into force of Regulation (EU) 2024/2987 (EMIR 3) on 24 December 2024, which has amended Regulation (EU)...

As of 1 July 2025, the Hague Convention of 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the "2019 Hague Convention") entered into force for the UK.

The Court of Appeal in Luxembourg addresses critical procedural questions regarding the suspension of first-instance proceedings during appeals of preliminary objection rejections under the Unified Patent Court Agreement. The decision examines whether exceptional circumstances warrant staying proceedings and clarifies the court's authority to conditionally add interveners as parties to ensure counterclaim admissibility.

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

Today, the Luxembourg Parliament voted a new law on arbitration (the "Arbitration Law"), aiming to modernise the current arbitration legislation deemed to be "outdated".

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

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.