SONN Patentanwälte – IP Attorneys

1. UPC Local Division: Examination of Validity in Provisional Proceedings

   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 be numerous. Instead, the number of arguments directed against the validity of...

2. UPC Board of Appeal: Urgency

   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 position to file a promising application for provisional measures. Accordingly, the...

3. UPC Board of Appeal: Territorial Scope of Preliminary Injunction

   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, France, the Netherlands, and also Ireland). The Local Division The Hague interpreted...

4. UPC Court of Appeal: Claim interpretation

   The appellant appeals against a decision dismissing an application for provisional measures. The patent in suit protects an electronic label system for displaying information, in particular price information. The Court of First Instance was not sufficiently convinced that the accused products infringe...

5. UPC Court of Appeal: Extension of the appeal period

   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. The Court of Appeal recognizes that the Court of First Instance should have issued...

6. UPC Court of Appeal: Provisional measure and interpretation

   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 particular price information. The Court of First Instance was not satisfied with...

7. UPC Court of Appeal: Interpretation in accordance with Article 69 EPC

   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 conjunction with the Protocol on the Interpretation of Art 69 EPC for determining the...