The Court referred to a previous order from the Central Division Paris in UPC_CFI_367/2023. It indicated that Meril would have unlimited access to the costs application...

The Munich Local Division of the Unified Patent Court addressed critical procedural questions in provisional measures proceedings, examining how prior knowledge of infringement allegations from parallel litigation in other jurisdictions affects the timeline for preparing objections. The court's decision establishes important precedents for balancing swift relief against the fundamental rights of respondents in cross-border patent disputes.

The court clarified the distinction between a deadline's length and starting point under Rule 198.1 RoP. While the length is prescribed, the court can determine...

In order to be considered part of the state of the art (Art. 54 (1) EPC), an invention must be found clearly integrally, directly and unambiguously in one single piece of prior

The applicant of provisional measures has to "start proceedings on the merits" of the case within 31 calendar days (or 20 working days, whichever is longer) from the date specified in the Court's order.

The Claimant is a non-practicing entity with no operational business. Its business model appears to be based solely on revenues expected from patent litigation.

Although February is relatively short, the Court of First Instance received 19 new infringement actions during its course. For context, this was the second highest monthly figure since the inception of the UPC...

The two Defendants in the infringement proceedings pending before the Munich Local Division filed counterclaims for revocation of the patent at issue.

Exception to the rule of no suspensive effect for appeals against first-instance orders granting access to files...

The UPC Court of Appeal addresses a critical question of cost allocation when a patent holder surrenders their patent immediately after a revocation action is initiated. This case examines whether a claimant who files for revocation must bear the costs when the defendant offers no resistance and surrenders the patent at the outset of proceedings.

The Court of Appeal makes clear that, as a rule, the claimant must already set out in the Statement of claim the facts and legal arguments necessary to establish...

When deciding on a request to change the language of proceedings into the language of the patent on grounds of fairness, all relevant circumstances shall be taken into account.

For decades, it had been the dream of patent owners to have a one-stop solution for European patent disputes instead of fighting multiple national battles.

Case management orders, such as orders concerning security for costs, require panel review before appeal

It is not possible to apply for suspensive effect before an appeal is lodged.

The Court of Appeal of the Unified Patent Court addresses procedural matters concerning time limits in an appeal case between Belkin International Inc., Belkin B.V., Belkin Limited and Koninklijke Philips N.V. The case involves European Patent EP 2 867 997 and concerns the application of Article 77(1) of the UPCA and various Rules of Procedure.

Cost determination proceedings must always be initiated at the Court of First Instance, regardless of whether costs arise from first instance or appeal (R. 150 et seq. RoP)

Whether the subject matter of the granted claim extends beyond the content of the application as originally filed is determined by considering what information...

According to R. 355.2 RoP, a decision by default against the defendant may only be given where the facts put forward by the claimant justify the remedy sought...

Switzerland is not a Member State within the meaning of the RoP, so that R. 271 RoP and the fiction of service (10 days) provided for in paragraph...