Apr 22, 2025
The defendants request a review of the allocation of the technically qualified judge and the appointment of a new technically qualified judge with expertise in mechanical engineering. This request is rejected. There is…
Read more →Apr 17, 2025
The defendants request that certain exhibits be classified as confidential. The claimant objects, arguing that the exhibits merely refute the claimant’s assertions regarding how the challenged embodiments function,…
Read more →Apr 15, 2025
Regarding the differing case law on urgency (concerning R 208.2 (b) RoP) that grants the respondent only one month (Local Division Düsseldorf, 9 April 2024, Court of First Instance 452/2023), the Local Division Munich…
Read more →Apr 10, 2025
In proceedings for the issuance of provisional measures, it is not feasible to conduct a full examination of all arguments put forward against the validity of the patent in suit, which—like in revocation proceedings—can…
Read more →Apr 8, 2025
If the grounds for revocation only affect part of the patent in suit, the patent is limited by the corresponding amendment of the claims and partially revoked. Even in revocation proceedings before the Unified Patent…
Read more →Apr 3, 2025
An appeal against the refusal of interim measures generally does not justify staying the revocation proceedings. Rule 295(m) of the Rules of Procedure must be applied and interpreted in accordance with the principle…
Read more →Apr 1, 2025
In written proceedings, the Court may stay proceedings if the patent in suit is also the subject of opposition proceedings before the European Patent Office and a swift decision from the European Patent Office is…
Read more →Mar 27, 2025
At any point during the proceedings and upon a reasoned application by a party, the Court may order the other party to provide appropriate security for the legal costs and other expenses incurred or to be incurred by…
Read more →If a request for access to written pleadings and evidence is made by a member of the public under Rule 262.1(b) of the Rules of Procedure, the interests of that member of the public who would gain access to the…
Read more →Mar 20, 2025
In principle, there is no reason to limit a party’s authorized representatives to a certain number or only to representatives admitted before the Unified Patent Court and their internal assistants, who must also be…
Read more →Mar 18, 2025
A party may apply to the Court at any stage of the proceedings for leave to change its claim. Such an application must state why this amendmenta) could not have been made with reasonable diligence at an earlier stage,…
Read more →Mar 13, 2025
Initially, the claimant filed auxiliary requests for a limited defense of the patent in suit, which were restricted to the German part of the European patent. Subsequently, the claimant submitted an amendment request…
Read more →Mar 11, 2025
In the underlying proceedings, the claimant brought an action for patent infringement against several companies of the defendants’ corporate group. These companies also included the defendant in the now-separated and…
Read more →Mar 6, 2025
The applicant is the manufacturer of a color- and light-mixing lens system, which was sold by the defendants. None of the parties objected to the application for intervention submitted by the manufacturer of the…
Read more →Mar 4, 2025
Unless otherwise ordered by the Court, an intervener is treated as a party pursuant to Rule 315.4 of the Rules of Procedure. Therefore, just like a party, the intervener may file an application for the protection of…
Read more →Feb 27, 2025
A request to amend the patent in suit that covers both claims challenged by the revocation action and claims not challenged is (only) inadmissible with respect to the latter claims. In a situation where the patent in…
Read more →Feb 24, 2025
The independent product claim protects a pharmaceutical formulation of the anti-IgE antibody rhuMAb E25, characterized by the formulation comprising approximately 150 g/L of the anti-IgE antibody in 0.02 M histidine,…
Read more →Feb 19, 2025
The patent in suit concerns an invention in the field of communication systems and relates, in particular, to high-frequency transmitters used in such systems. The purpose of the patent in suit is to provide a…
Read more →In certain situations, a direct infringement of a device claim may be found if the infringer essentially “adopts” the acts of its customer as an extended workbench, making it inequitable from a policy standpoint to hold…
Read more →Feb 17, 2025
The respondent objects on the basis of lack of jurisdiction and competence. This is, because the parties are subject to a standstill agreement, which requires that one party notifies the other party of its intention to…
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