UPC Local Division: Objection to Second Counterclaim

An objection under R 19 RoP can also be raised against a counterclaim for revocation. Article 33(2) UPCA is to be interpreted as meaning that this provision is not only applicable when an action is brought between the same parties regarding the same patent before several different divisions, but also when such an action is brought twice before the same division (argumentum a fortiori) (LK München 5. 2. 2025, CFI 740/2024).