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…
Claim construction: The patent is its own lexicon, “purposive non-use” excludes intent not…
For the objective elements of indirect infringement, it is not necessary that both components of the…
Classification as confidential if parties agree on confidential nature of the information. : The…
The assessment of whether an action becomes devoid of purpose (R. 360 RoP) is based on the interest…
The RoP lack specific pleading rules for a FRAND defence.: Unlike in case of a counterclaim for…
Evidence production applications (Art. 59 UPCA, R. 190 RoP) require four cumulative conditions:…
Costs paid under a first-instance decision are recoverable if that decision is overturned on appeal.…
The UPC lacks international jurisdiction over non-EU/UPC defendants when alleged infringing acts…
Novelty may be destroyed by implicit disclosure where the skilled person would inevitably infer a…
The Court of Appeal can grant suspensive effect to an order pursuant to R. 220.2 RoP as Art. 74 UPCA…
