SONN Patentanwälte – IP Attorneys

  1. UPC: Advertising Materials Excluded from Judicial Destruction Orders

    The Local Chamber Düsseldorf limits the statutory scope of destruction claims in patent infringement cases. Advertising materials are excluded from destruction measures because they are not covered by the wording of the statute. Article 64(2)(e) of the Unified Patent Court Agreement refers to the...

  2. UPC: Importance of the Initial Willingness to License in the FRAND Defense

    In this major judgment, the Local Chamber Düsseldorf addresses the application of the CJEU's Huawei/ZTE case law concerning standard-essential patents. A dominant position within the meaning of Article 102 of the Treaty on the Functioning of the European Union on the relevant market can result from...

  3. UPC: Determination of the Attacked Embodiment and Extension to Future Products

    In this decision, the Local Chamber Munich clarifies the scope of injunction requests and the requirements for depicting infringing products. The "attacked embodiment" is generally determined based on the actual design of a specific product or process with respect to the features of the asserted...

  4. UPC: Applicable Law and Requirements for Damages for Lost Profits

    In this first-instance judgment, the Local Chamber Hamburg deals in detail with the claim for lost profits and the temporal scope of application of the Unified Patent Court Agreement. National law applies to a claim for damages for lost profits if the facts of the case were concluded before the entry...

  5. UPC: Access to Files Does Not Constitute Acceptance of Jurisdiction

    In this order, the Court of Appeal addresses the question of when a defendant implicitly accepts the international jurisdiction of the Unified Patent Court. Merely accessing the case file before taking an active procedural step or a defense action does not constitute a conscious decision regarding...

  6. UPC: Obligation for Earliest and Complete Submissions Also in Suspensive Effect Requests

    In this decision, the Court of Appeal emphasizes that the principle of acceleration in the Rules of Procedure also applies to requests for suspensive effect. The principle that parties must present their complete pleadings as early as possible in the proceedings also applies to requests for suspensive...

  7. UPC: No Suspensive Effect Based on Speculative Consequences from Parallel Proceedings

    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 potential multiple conversion would not justify a stay, as this would amount to...

  8. UPC: Loss of Trade Secret Status through Voluntary Disclosure without Protection Order

    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 party without an order pursuant to Rule 262A of the Rules of Procedure or without...

  9. UPC: Landmark Court of Appeal Decision on Indirect Patent Infringement and Preliminary Injunctions

    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 to indirect patent infringement, the Court clarifies that the intended use under...

  10. UPC: Enhanced Disclosure Requirements in Ex-Parte Applications for Preservation of Evidence

    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 the preservation of evidence without hearing the opposing party raise fundamental...

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