Background of the case: The Claimant filed a revocation action against the patent at issue based on…
Examination of the application for provisional measures: In proceedings for provisional measures,…
Assessment of the scope of protection in infringement cases in two steps: (i) literal infringement;…
Restricted access to documents containing trade secrets: The court restricted the access to…
The Rules of Procedure of the UPC do not contain a principle according to which evidence for factual…
“Obvious slips” within the meaning of R. 353 RoP, which allow the Court to rectify a decision or…
Joint hearing of both infringement action and counterclaim for revocation: The local division…
Fairness and Equity regarding Extension of Time Limits: Defendants have not consented to the…
Stay of proceedings is possible even if no final decision in Opposition is expected: Pursuant to…
Not every new argument constitutes an “amendment of a case” requiring a party to apply for leave…
If a patent has been opted out of the jurisdiction of the UPC, this opt-out can only be validly…
R. 30 (1) (c) RoP does not set out the consequence that all amendments proposed (auxiliary requests)…
The Court does not evaluate reasons for revocation that the Claimant has not raised.: The Claimant…
Access to unredacted documents granted despite confidentiality request of the Claimant on the basis…
No stay of proceedings due to parallel counterclaim for revocation: There is no basis for a stay (R.…
R. 36 RoP: Filing of Pleadings Beyond Time Limits Specified in RoP Possible: The fact that the…
Preferred Embodiments Not Limiting for Claims: The claim must not be limited to the scope of…
No uniform urgency period.: The urgency period is to be measured from the date on which the…
