The applicant bears the burden of proof for infringement in provisional measures and must…
Confidentiality orders are not limited to trade secrets, they cover any information requiring…
Prosecution file statements before the EPO, while not binding, may guide claim interpretation as…
Ex parte inspection at trade fairs justified where concrete risk of evidence destruction exists…
Under R. 190 RoP and Art. 59(1) UPCA, evidence production orders require four cumulative conditions:…
A review under R.197.3 RoP only benefits the party that files it; co-defendants who do not seek…
Waiver of rights requires an explicit statement – prior admissions in first instance proceedings do…
The skilled person under Art. 56 EPC is a notional figure, i.e., affiliations to specific companies…
The nature of proceedings may justify restricting public access under Art. 45 UPCA, even though R.…
Recurring penalty payments may be imposed for non-compliance with court orders under Rule 354(3)…
It was agreed that number of invalidity attacks should be limited to five or six and the number of…
There is a basis for concern regarding an expert’s bias if – from the perspective of a knowledgeable…
An order for the preservation of evidence shall be revoked or otherwise cease to have effect if the…
A party may make an application for a confidentiality order pursuant to R. 262A.1 RoP if it is…
Re urgency requirement in case of provisional measures: – Applicant’s burden to present/prove: the…
Ex officio assessment of admissibility: The Court of Appeal verifies ex officio compliance with the…
Parties select equivalence approach absent CoA case law: When assessing an issue where there is no…
Key takeaway PI application devoid of purpose: If a provisional measures application has become…
