SONN Patentanwälte – IP Attorneys

UPC Local Division: Simultaneous Interpretation

Pursuant to Art 51(2) UPCA, any division of the Court of First Instance shall, if a party so requests, provide interpretation, to the extent appropriate, to assist that party during oral proceedings. The aim of simultaneous interpretation is to enable parties who do not have sufficient command of...

UPC Central Division: Combination of revocation action and counterclaim for revocation

Jointly with another party the revocation claimants are defendants in infringement proceedings at the Munich Local Division. The other defendant brought a counterclaim for revocation. With the agreement of the parties, the Munich local division refers the counterclaim...

EPO: Subject-matter not originally disclosed

Marc Keschmann achieved a complete revocation of the patent in suit for our client before the EPO Opposition Division and was also successful in the appeal proceedings before the EPO Board of Appeal.

The...

UPC Central Division: Amendment of the patent

The claimant requested that the Court rule that no further amendments may be filed. The Court sees no legal basis for preventing or categorically excluding the filing of further auxiliary requests or for instructing the defendant to make the auxiliary requests more convergent. However, an announcement...

UPC Local Division: Extension of periods in urgent proceedings

The applicant requests that the period for filing a reply to the objection be extended and that the start of period for filing the reply be postponed until the finalization of the secrecy protection proceedings under R 262A RoP. Such postponement of the start of the period is incompatible with the...

UPC Local Division: Alternative method of service

An action to a company established in Poland could not be served by post successfully. The Court orders an alternative method of service at the request of the claimant. The claimant is authorized to arrange service by (i) a French bailiff in accordance with Article 8 of EU Regulation 2020/1784 or...

UPC Court of Appeal: Rectification of the name of a party

The claimant filed 5 revocation actions. In each of these actions, the defendant (patent proprietor) was designated as "Juul Labs, Inc."; however, the correct name of the patent proprietor is "Juul Labs International, Inc.". If the claimant did not correctly identify the defendant in the statement...

UPC Court of Appeal: Stay of proceedings in the event of insolvency

In accordance with the principle of procedural and cost efficiency as well as the principle of fair balance of legitimate interests of the parties – both of which have to be taken into account when interpreting RoP Art 41(3) EPC – the proceedings under R 311.1 RoP shall not be stayed if a party is...

UPC Court of Appeal: Costs appeal, suspensive effect

The Munich local division has ruled that the defendant in a proceeding about provisional measures has to bear the proceeding costs after it initially left a pre-litigation deadline for submitting a cease-and-desist undertaking unused, but then submitted a cease-and-desist undertaking after the application...

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...