The waiting period under Rule 211.4 of the Rules of Procedure is calculated from the day on which the applicant became aware, or should have become aware, of the infringement to such an extent that they were in a…
Read more →After an infringement action was brought, the defendants filed a counterclaim for revocation with the Local Division Munich. Two sister companies of the defendants also brought a revocation action before the Central…
Read more →Feb 10, 2025
In proceedings concerning SEPs, the defendants have, in parallel to their statement of defense and their counterclaim for revocation filed a request for order to produce evidence under R 190 RoP. In particular, the…
Read more →Feb 5, 2025
In exercising its discretion, the Court must determine, based on the facts and arguments presented by the parties, whether the financial situation of the claimant gives rise to legitimate and concrete concerns that any…
Read more →Feb 4, 2025
Article 7(2), in conjunction with Article 71b(1) of the Brussels Ia Regulation, must be interpreted to mean that the Unified Patent Court has international competence over an infringement action if the European patent…
Read more →Feb 3, 2025
The defendants request that the claimant be required to provide security for the legal costs of the proceedings. The claimant is a Dutch llc with an issued capital of EUR 1; in addition, the claimant's business model is…
Read more →Jan 30, 2025
The mere generation of additional data from data obtained by measurements performed on the human body does not (departing from Board of Appeal decision T 2681/16 and the Guidelines for Examination in the EPO) make a…
Read more →A nullity action was first brought before the Central Division Paris. Subsequently, the patent proprietor filed an infringement action against the nullity claimant. The nullity claimant then requested that the…
Read more →Jan 28, 2025
The fact that the parties are domiciled in countries where the procedural language chosen by the claimant is an official language is an important factor in deciding on an application to use the language of the patent as…
Read more →Jan 27, 2025
Oral proceedings as part of revocation proceedings concerning a patent in suit were scheduled for September 25, 2024; The patent in suit expires in January 2025. In a parallel opposition procedure, no hearing has yet…
Read more →Jan 23, 2025
The signature requirement under Rule 113(1) EPC applies to the written decision including its reasoning. The purpose of this requirement is only fulfilled if there is an unbroken chain of clear personal responsibility…
Read more →Jan 22, 2025
The principles underlying the provision on the requirement to provide security for costs in Article 69(4) of the Agreement on a Unified Patent Court apply equally to proceedings at first instance and on appeal. A party…
Read more →The Local Division The Hague partially granted an injunction. The applicant (in first instance) had argued that the patent was valid and in force in the Member States of the Agreement on a Unified Patent Court (Germany,…
Read more →Jan 20, 2025
An intervener has the rights associated with the status of a party and participates in the proceedings, but with the proviso that - in accordance with R 313.2 RoP - the intervention is in support of at least part of a…
Read more →Jan 17, 2025
The claimant requested that the statements of claim be served on the Asian defendants by email pursuant to Rule 275.1 of the Rules of Procedure or by public notice in the form of a written communication posted in…
Read more →Jan 16, 2025
Article 24(3) EPC: The fact that a member of the Enlarged Board of Appeal (EBoA) took part in an EBoA decision which was relevant for the present decision (and which ex lege may only address questions of law) does not…
Read more →Jan 14, 2025
The patent in suit protects an avalanche transceiver in which, among other things, a control unit is provided to drive a loudspeaker to output a voice message depending on an event, with the loudspeaker also being…
Read more →Jan 13, 2025
It is with great sadness and dismay that we announce the passing of our former partner Peter Pawloy far too soon on 31 December 2024. We have lost not only an internationally respected and highly esteemed patent…
Read more →Jan 13, 2025
The claimant requests, in accordance with R 262A RoP that financial information provided in his response to a request for provision of security under R 158 RoP be treated confidentially. The request was granted. Only…
Read more →Jan 8, 2025
We are delighted to announce that Rudolf Griss has joined our partnership as of January 2025. Rudolf Griss has been with our firm since 2018, qualified as a European Patent Attorney in 2022 and as an Austrian Patent…
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