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 to the Munich Central Division; the Central Division and the parties agree on the following: all facts, grounds, arguments and evidence exchanged are known to all parties and are accepted as having been submitted by the claimants in both cases. The documents submitted in the revocation action are also considered to have been submitted in the counterclaim and vice versa. All defenses raised by the defendant are considered raised against all claimants in both actions. This means that all written submissions and requests (including the request for amendment/auxiliary requests) shall also be considered as submitted in both proceedings. (Munich Central Division, UPC 27 February 2024, CFI 1/2023, CFI 14/2023).