Access of a UPC Representative to the Case Management System (CMS) is a precondition for the…
Scope of protection for features defined by physical properties (Art. 69 EPC, Art. 1 Interpretation…
Strict proof of identity for prior public use (Art. 54 EPC): The party alleging prior public use…
Undue delay arises where an applicant conducts extensive, time-consuming investigations that were…
The fact that a claimant is domiciled in the U.S. does not justify an order under R. 158 RoP: The…
A request under Rule 262.2 RoP does not automatically grant provisional protection against…
No suspensive effect following non-final EPO revocation (Art. 74(1), 33(10) UPCA; R. 118.2(b), 223…
Alternative service under R. 275 RoP need not mirror the domestic service methods of the State of…
Representation costs must be sufficiently substantiated with itemized breakdowns of services, dates,…
The application for leave to appeal itself must specify why the appeal should be heard: The CoA held…
Claim construction, identical terms: While identical terms in a patent claim regularly are to be…
A patent may act as its own lexicon. Where a claim gives a binding definition of a parameter, that…
Publication of the preliminary injunction on defendants’ websites ordered in preliminary proceedings…
A request to lay open books under R. 141 RoP covers the financial details of what happened, must…
No Unreasonable Delay in Seeking Provisional Measures (R. 211.4 RoP): Delay in seeking provisional…
The UPC’s “inherent” jurisdiction to ensure its effectiveness: The jurisdiction extends to the…
Missing the deadline for a preliminary objection does not in itself establish the UPC’s…
Claims introduced for the first time during the interim proceedings in the infringement action,…
