In this decision, the Court of Appeal refines the narrow limits for granting suspensive effect. Possible future consequences from parallel proceedings do not justify suspensive effect, as they are speculative. Even a…
Read more →The Court of Appeal addresses the conditions for protecting confidential information during proceedings. Trade secrets or other confidential information lose their character as such if they are disclosed to the other…
Read more →In this decision, the Munich Local Chamber addresses highly practical questions regarding the adaptation of infringement allegations and the admissibility of conditional counterclaims for revocation. The Court clarified…
Read more →Jul 20, 2026
In this landmark ruling, the Court of Appeal of the Unified Patent Court addresses key issues regarding indirect patent infringement and the procedural requirements in proceedings for provisional measures. With respect…
Read more →In this decision, the Mannheim Local Chamber examines the requirements for the international and local jurisdiction of the Unified Patent Court, particularly when defendants are domiciled outside the European Union. The…
Read more →In this decision, the Vienna Local Chamber emphasizes the extensive duties of parties to submit evidence and arguments in a timely manner in proceedings before the Unified Patent Court. The Rules of Procedure require…
Read more →Jul 20, 2026
In these proceedings, the Milan Central Division addresses the consequences of a complete revocation of the patent in suit by the European Patent Office on a parallel revocation action pending before the Unified Patent…
Read more →In this decision, the Board of Appeal addresses the principles of uniform claim construction, drawing on the landmark decision G 1/24 of the Enlarged Board of Appeal of the European Patent Office. The description and…
Read more →In this key ruling, the Court of Appeal clarifies the strict obligations of parties and their representatives when applying for evidence preservation measures without prior hearing of the opposing party. Measures for…
Read more →Jul 18, 2026
The Court of Appeal addresses the territorial limits of the international jurisdiction of the Unified Patent Court regarding places of damage. Where the jurisdiction of the Unified Patent Court is established under…
Read more →Jul 16, 2026
The Court of Appeal clarifies its obligation to issue a final decision on the merits when setting aside a first-instance judgment. As a rule, the Court of Appeal is required to render a final decision if it sets aside…
Read more →In this procedural decision, the Court of Appeal addresses the legal interest in the revocation of dependent patent claims. A decision on whether the subject-matter of a dependent patent claim is not disclosed in a…
Read more →Jul 13, 2026
The party challenging the party had raised over 50 grounds for invalidity (12 based on claims exceeding the scope of the disclosure; 3 based on lack of novelty; 1 based on lack of industrial applicability; and 6…
Read more →Jul 12, 2026
The Court of Appeal clarifies the scope of an injunction and the reach of preventive measures. There is no obligation to limit an injunction to the specific acts of infringement actually committed; such a limitation can…
Read more →Jul 10, 2026
The term “the same invention” in Article 87 EPC is to be interpreted such that a claimed invention is to be regarded as the same invention as the invention in an earlier application if a person skilled in the art can…
Read more →In dieser Entscheidung konkretisiert das Berufungsgericht die Grundsätze zur Auslegung von Patentansprüchen bei strukturellen Merkmalen. Bei der Auslegung eines Anspruchsmerkmals, das sich auf ein strukturelles Element…
Read more →Jul 8, 2026
When assessing the inventive step under Art 56 EPC from a legal perspective, it should always be borne in mind that it must be avoided that an invention is assessed with knowledge of the invention, i.e. retrospectively.…
Read more →Jul 8, 2026
The Court of Appeal addresses the criteria for ordering security for costs and the role of corresponding insurance coverage. In exercising its discretion, the Court must examine, taking into account the facts and…
Read more →Jul 6, 2026
For reasons of efficiency and in view of the urgency of an application for interim measures, R. 19.5 RoP shall apply mutatis mutandis to proceedings for provisional measures. A referral to the competent division is…
Read more →Jul 6, 2026
In this decision, the Court of Appeal clarifies the requirements under which the publication of a judgment can be ordered at the infringer's expense. An order for the publication of a decision requires, in addition to…
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