An order to preserve evidence pursuant to Art. 60 UPCA also allows for the seizure of promotional…
Lack of entitlement under Art. 138(1)(e) and Art. 60(1) EPC requires showing that the proprietor has…
Rule 296.3 RoP is to be understood to mean that, after stayed proceedings are resumed, the…
The Düsseldorf Local Division partially upheld the patent-in-suit, which relates to “SHARING…
Rule 116.3 RoP governs the consequences of a party’s non-attendance at the oral hearing, treating…
Admissibility of patent amendments (R. 30.1 RoP): Review is limited to whether the patentee filed an…
Suspensive effect is the exception, not the rule for applications for rehearing (Art. 81(2) UPCA, R.…
A SEP holder is only required to offer a single FRAND-compliant licensing route: pool or bilateral…
For the assessment of urgency it is relevant when the applicant was able to physically obtain and…
Direct infringement of a product claim turns on objective capability, not the manufacturer’s…
Scope of disclosure in the inspection and preservation proceedings (Art. 58 UPCA): A three-step test…
Cost apportionment where success is achieved on only one of several patents at issue: The…
Violation of principle of party disposition constitutes “manifest error”: The Court of First…
Logging into the CMS via secure two-factor authentication is insufficient to make effective…
R. 190 RoP does not permit fishing expeditions: The purpose of R. 190 RoP is to enable access to…
Legal persons are, as a rule, always “concerned” within the meaning of Art. 47.6 UPCA when bringing…
An amendment to a party’s case cannot be allowed if it could have been foreseen from the outset of…
It is permissible to make a counterclaim for revocation conditional upon a finding of infringement…
