UPC Board of Appeal: Joinder of Proceedings
A nullity action was first brought before the Central Division Paris. Subsequently, the patent proprietor filed an infringement action against the nullity claimant. The nullity claimant then requested that the infringement action be referred to the Central Division Paris. The Court of Appeal affirmed the decision rejecting this request. A joinder of proceedings pursuant to Rule 340 of the Rules of Procedure cannot result in assigning a case to another division of the Court of First Instance that exceeds the options for allocation of cases provided for in Article 33 of the Agreement on a Unified Patent Court. Article 33 of the Agreement on a Unified Patent Court does not permit transferring a patent infringement action from a local division to the central division without the consent of the parties involved (Unified Patent Court, 5 September 2024, Court of Appeal 106/2024).