Non-infringement arguments which are for the first time submitted with the Rejoinder can be rejected…
If a defendant has used its own website to create the impression that there has been no…
Simply stating that a claimant’s registered office is located in Canada does not demonstrate that…
An appeal against a revocation decision always has an automatic suspensive effect according to Art.…
According to Art. 31 UPCA in conjunction with Art. 71b(1) and (2) and Art. 7(2) of the Brussels I…
The “same alleged infringement” condition under Art. 33(1)(b) UPCA requires infringement of the same…
An amendment to include a new product is permissible, but may be unnecessary if the initial claim…
A stay of UPC proceedings pending a parallel EPO opposition is discretionary, even if a rapid…
Applications for suspensive effect against interim cost awards are admissible in provisional…
Pursuant to Art. 75(1) UPCA, where the CoA sets aside a decision of the CFI, it shall, as a rule,…
Unitary effect under Article 3(1) of Regulation 1257/2012: Unitary effect under Article 3(1) of…
An order to produce evidence under Art. 59 UPCA and R. 190 RoP requires the claimant to present…
A default judgment for failing to provide security for costs is a discretionary sanction (Rule…
A penalty order pursuant to R. 354.4 RoP may be issued by the Judge-rapporteur alone.: It is noted…
1. Costs incurred in PI proceedings are reimbursable separately, even though the decision on the…
The publication of an order on the Court’s website, of which the Defendant had been notified via…
Enforcement of UPC orders in non-UPC territories requires prior recognition by national courts, but…
A subsidiary is not the “same party” as its parent under Art. 33(4) UPCA if it has its own genuine…