UPC: Admissibility of a Revocation Counterclaim Subject to a Condition Subsequent

The Local Chamber Munich addresses the admissibility of procedural conditions in linked infringement and revocation proceedings. It is procedurally permissible for the defendant in an infringement action to file a counterclaim for revocation subject to the condition subsequent that the infringement action is unsuccessful. If this condition is met because the patent in suit is not infringed, regardless of its validity, there is no longer any need to decide on the counterclaim for revocation. (LC Munich 11. 3. 2026, CFI 180/2025, CFI 210/2025)