Requests for further written pleadings under R. 36 RoP are assessed through a two-pronged balancing…
Rule 14.2(b) RoP is an exception to the general language-of-proceedings rules and must be…
Rule 265 RoP applies to applications for provisional measures, not only to “actions” in the narrow…
Withdrawal of appeal permitted under R. 265(1) RoP where the respondent consents and has no…
R. 9.3(a) RoP, not R. 320 RoP, governs deadline extensions for written submissions in ongoing…
Claim construction must balance function and structure: interpreting structural claim features…
Patentees must draft precise numerical ranges in composition claims; unclear bases risk added matter…
Broad injunctive relief covers future product variants without claim amendment (R. 263 RoP):…
A number of 42 auxiliary requests (ARs) in response to e Counterclaim for Revocation may be deemed…
Jurisdiction is affirmed if no preliminary objection is filed (Rule 19.7 RoP).: The defendants,…
Functional claim construction; disregarding additional features: The patent is related to an optical…
Representation by attorney at law or patent attorney (Art. 48, 58 UPCA): A party can choose freely…
One fee for a joint counterclaim in a single action (R. 370.7 RoP): When multiple defendants file a…
A penalty order under R. 354.4 RoP is appealable only via the leave-to-appeal mechanism: The…
Requests, facts and evidence from first instance automatically form part of appeal proceedings (R.…
A claimant can withdraw an action for provisional measures even during a pending appeal, with the…
The written procedure on appeal is limited; there is no automatic right to reply to the Statement of…
UPC refers to CJEU for guidance on whether jurisdiction over a non-EU defendant can be based on a…