SONN Patentanwälte – IP Attorneys

  1. UPC Local Division: Claim Interpretation

    The patent in suit relates to arrangements in wireless networks. In particular, it relates to a method and a device for high-speed processing of protocol headers in an intermediate and/or destination node of a packet-based communication network. When interpreting the patent claim, in addition to...

  2. UPC Local Division: Inspection and Preservation of Evidence Request

    The applicant requests that they be permitted to take a measurement on a machine exhibited at a trade fair. Based on the information available to them so far, the applicant has plausibly demonstrated why they assume that all features of the independent patent claim of the application patent are realized....

  3. UPC Local Division: Representation

    If the court determines that a party's representative cannot effectively represent them and grants the party a period of time to appoint a new representative, it may require that the appointment be accompanied by a statement from the new representative approving the actions taken by the improperly...

  4. UPC Court of Appeal: Security for Costs

    If the court sees no reason to order security for the enforcement of interim measures on its own initiative, the defendant may nevertheless present arguments and facts demonstrating that the outcome could be different after a decision in the main action and/or that there is an unreasonable burden...

  5. UPC Local Division: Request for Preservation of Evidence

    Pursuant to Article 60(1) UPCA, the court may, at the request of the applicant who has presented all reasonably available evidence to substantiate the claim that the patent has been or is at risk of being infringed, order swift and effective provisional measures to preserve the relevant evidence...

  6. UPC Court of Appeal: Applicability

    There are no transitional provisions in connection with Article 34 UPCA. When a signatory state of the UPC ratifies and accedes to the agreement, the application of Article 34 UPCA should take place automatically and without restrictions from the day of accession (UPC 3. 3. 2025, CoA 523/2024).

  7. UPC Local Division: Second Medical Use - Validity

    To benefit from the deemed novelty under Article 54(5) EPC, claims for a second medical use must relate to a specific use in a method under Article 53(c) EPC. The only reason why such claims can be patentable lies in the novelty (and inventive step) of the new use. With regard to inventive step,...

  8. UPC Local Division: Second Medical Use - Infringement

    In the case of a claim for a second medical use, a substance or composition within the meaning of Article 54(4) EPC is used for a specific use that is not part of the state of the art. Such a therapeutic use can be a new indication, for example, a disease that has not previously been treated with...

  9. UPC Court of Appeal: Need for Interim Measures; Balancing of Interests

    A transition from a market situation in which only one product is available to one in which two competing products are available is likely to lead not only to price pressure but also to permanent price erosion. This risk is an important factor in examining whether a preliminary injunction is necessary...

  10. UPC Local Division: Product-by-Process Claims

    Product-by-process claims are characterized by the fact that the technical content of the invention does not regularly consist in the process as such, but in the technical properties that are conferred on the product by the process. What is decisive is how the person skilled in the art understands...

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