SONN Patentanwälte – IP Attorneys

  1. EPO: Remittal to the opposition division ex officio

    The discretionary decision under Article 111(1) EPC to remit a case or not is to be taken ex officio, at any time during the appeal proceedings. It is not dependent on any request by a party. A request for remittal made by a party is therefore not subject to the provisions of Art 12 and 13 RPBA....

  2. EPO: Failure to achieve the technical effect at the edge of the scope of the claim non detrimental

    1. Where a single composition at the edge of the scope of the claim and whose ingredients are contained in amounts at the end-values of the claimed ranges, does not achieve a technical effect relevant for the assessment of inventive step, the inclusion of that non-working composition within the...

  3. UPC Court of Appeal: Suspensive effect

    The claimant and appellant filed an application for preserving evidence and an application for inspection against the defendant. The Local Division of Milan granted both applications. The orders granting them were then executed at the defendant's premises and the Court’s experts submitted their reports...

  5. Romania joins the Unitary Patent system

    On May 31, 2024, Romania deposited the instrument of ratification of the Agreement on a Unified Patent Court (UPCA) with the Council of the European Union. The ratification took effect on September 1, 2024. Unitary patents for which the unitary effect was registered on or after September 1, 2024...

  6. UPC Court of Appeal: Change of language of proceedings

    A US company sued a (comparatively smaller) US company for an English-language patent before the Düsseldorf Local Division in German. The defendant requested according to Rule 323 of the Rules of Procedure that the language of the proceedings be changed to English. The President of the Court of First...

  7. UPC Court of Appeal: Request for expedition of the appeal

    The defendant filed an application for security for costs. The Court of First Instance dismissed the application. The defendant appeals and requests to expedite the appeal under R 225(e) and R 9.3 RoP and to shorten any deadlines as significant legal costs have been incurred and continue to increase....

  8. 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...

  9. 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...

  10. UPC Court of Appeal: Stay of proceedings in the event of insolvency of a party

    In accordance with the principles of procedural economy and cost efficiency as well as a fair balance between the legitimate interests of the parties, which are to be taken into account in the interpretation of the rules of the Rules of Procedure pursuant to Article 41(3) UPCA, the proceedings do...

Next page
Top