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…
Admissibility of submissions : The admissibility of the documents and arguments submitted is a…
Waiver of defence relating to invalidity: Unlike proceedings on the merits, where the Statement of…
Request for retroactive term extension should be made as soon as possible.: In the case at issue,…
FRAND security of defendant does not relieve claimant from providing cost security : A bank…
High number of auxiliary requests (here: 51) may be admissible where the patent faces numerous and…
Unsolicited submissions in a language change application are generally inadmissible to ensure a…
Provisional measures dismissed where the applicant fails to establish infringement on the balance of…
Suspensive effect is exceptional and rarely granted for procedural orders: The Court confirmed three…
Legal interest in revocation proceedings must be examined by the Court of its own motion, even where…
Pan-UPC-territorial orders under Art. 34 UPCA can be based on infringing acts in a “carved-out”…
The UPC has jurisdiction to issue an AASI to secure pending patent infringement proceedings before…
Long-arm jurisdiction via Art. 8 (1) Brussel Ia Recast Regulation (BR): The “risk of irreconcilable…
Non-technical features (on their own a “non-invention” acc. to Art. 52(2) EPC) must not be excluded…
Party-affiliated affidavits are valuable technical information but lack the probative value of…
The appeal period only starts once the Court of First Instance issues a reasoned decision (Art.…
If any legitimate mapping of prior art onto claim features destroys novelty, the patent must be…