Aug 19, 2024
The defendant filed an application for security for costs. The Court of First Instance dismissed the application. The defendant appeals and requests to expedite the appeal under R 225(e) and R 9.3 RoP and to shorten any…
Read more →Aug 12, 2024
In the impugned decision, the court dismissed both a request for a preliminary injunction and the action on the merits. The ‘Information about Appeal’ merely referred to the 2-month time limit for appeal on the merits.…
Read more →The appellant appeals against a dismissal order of the Court of First Instance on an application for a preliminary injunction. The patent in dispute protects an electronic label system for displaying information, in…
Read more →Aug 5, 2024
In accordance with the principles of procedural economy and cost efficiency as well as a fair balance between the legitimate interests of the parties, which are to be taken into account in the interpretation of the…
Read more →Aug 2, 2024
Vor etwas mehr als einem Jahr hat der UPC seine Tätigkeit aufgenommen. Im ersten Jahr sind bereits knapp 20 Entscheidungen und über 200 Anordnungen ergangen, in welchen in prozessualer Hinsicht, aber auch…
Read more →Aug 2, 2024
This decision concerns a procedural order of the Court of Appeal regarding the appeal fee for an appeal on the order to bear the costs of the proceedings. Pursuant to Rule 360 of the Rules of Procedure, the order of the…
Read more →Jul 5, 2024
Pursuant to Article 111(1) EPC, the Board of Appeal either acts within the competence of the department which issued the decision or remits the case to the department of first instance for further decision. According to…
Read more →Jul 1, 2024
Marc Keschmann obtained a complete declaration of invalidity of the patent in suit for our client before the Nullity Division and was also successful in the appeal proceedings before the Vienna Higher Regional Court.The…
Read more →Jun 17, 2024
In an appeal under Rule 302.1 of the Rules of Procedure (RP) concerning an order that proceedings brought by multiple plaintiffs or in respect of multiple patents be heard in separate proceedings, a request by the…
Read more →Jun 3, 2024
The time has finally arrived: after serious planning, we have merged with Haffner & Keschmann! Marc Keschmann will now join us as a partner. This merger strengthens our leading position in Austria and expands our…
Read more →In application of the decision of the Enlarged Board of Appeal G 3/14, an objection under Article 84 EPC that a claim is not supported by the description is open to examination in opposition or opposition appeal…
Read more →May 22, 2024
This decision concerns an appeal to the Higher Regional Court of Vienna against an interruption order of the Commercial Court of Vienna. The patents-in-suit protect a cooktop which, together with a device for extracting…
Read more →The Court of Appeal states that the interpretation has to be done according to Art 69 EPC and the corresponding protocol: The patent claim is not only the starting point, but the decisive basis under Art 69 EPC in…
Read more →May 17, 2024
The principle of primacy of the claims seems to exclude the use of the description and drawings for limiting the claims in proceedings before the EPO (in contradiction to patent infringement proceedings before the UPC…
Read more →Mar 1, 2024
1851 was just the start, and Vienna was only the beginning. Now? We’re going west! Our new office in Linz spearheaded by David Trauner is all about bringing our top-notch patent and trademark services right to your…
Read more →Feb 29, 2024
Rule 262.1 (b) of the Rules of Procedure of the Unified Patent Court: The applicant made the request on behalf of an anonymous third party who was interested in the patent at issue and its legal validity (or lack…
Read more →Rule 13 of the Rules of Procedure of the Unified Patent Court: Upon filing the statement of claim, no annexes were submitted. Instead, the statement of claim contains references indicating the intention to submit…
Read more →Article 33.4 Agreement on a Unified Patent Court: The requesting party and defendant in the main proceedings is requesting at the central division that the revocation action be rejected as inadmissible, since the…
Read more →Rule 7.1 of the Rules of Procedure of the Unified Patent Court: In a proceeding with German as the language of the proceedings, the local division Munich, in accordance with Rule 7.1 Rules of Procedure, has determined…
Read more →Rule 211.1 and Rule 212.3 of the Rules of Procedure of the Unified Patent Court: The patent at issue protects a combination structure of bicycle frame and motor hub. The contested embodiment has been available for test…
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