Requirements for the finding of infringement of second medical use claims: For a finding of…
Admissibility of Appeals: An appeal against an order for security of costs, brought together with an…
Late-filed prior art is generally inadmissible.: The UPC emphasizes a front-loaded procedural…
The Local Division in Duesseldorf opted for a joint hearing of the infringement claim and the…
Separation of proceedings is at the Court’s discretion (Rule 303(2) RoP).: The Court may separate…
Discretion to separate proceedings, Rule 303(2) RoP: The UPC has the discretion to separate…
Request for security of legal costs under Rule 158 RoP: Defendants requested security for legal…
Service of legal documents does not require actual physical receipt: As per Rule 271.6.b RoP,…
Evidence preservation can secure proof of specific acts of infringement, e.g. use, import, or…
Discretion of the Court of First Instance when applying Rules on amendment of claims and addition of…
Background of the case: The Claimant brought an infringement action against the Defendant who filed…
Order regarding request for stay of proceedings (R. 295 RoP): In an action for revocation, where…
Claim construction principles: The interpretation of a patent claim is a matter of law. Therefore,…
The UPC has no jurisdiction over a European Patent with regard to those national parts of UPCA…
Strict Application Principle for Amending Patents in Defense Against Revocation: Art. 76 (1) UPCA…
Reasonable number of auxiliary requests: To ascertain what constitutes a reasonable number of…
Infringement & Injunction: The defendant’s actions infringed the patent, leading to a permanent…
Order for the preparation of the oral hearing: The Court issued an order for the preparation and…