SONN Patentanwälte – IP Attorneys

1. 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...

2. UPC decision: Translation of documents

   Rule 7.1 of the Rules of Procedure of the Unified Patent Court: In a proceeding with German as the language of the proceedings, the local division Munich, in accordance with Rule 7.1 Rules of Procedure, has determined that it is not necessary to submit translations of documents in...

3. UPC decision: Order to produce evidence

   Rule 192 of the Rules of Procedure of the Unified Patent Court: During the International Textile Fair ITMA, which took place from June 8 to June 14, 2023, in Rho, Italy, the patent proprietor and applicant discovered that a competitor at the fair presented two machines that infringed...

4. Referrals to the Enlarged Board of Appeal

   If for acknowledgement of inventive step the patent proprietor relies on a technical effect and has submitted evidence, such as experimental data, to prove such an effect, this evidence not having been public before the filing date of the patent in suit and having been filed after that date (“post-published...

5. Decisions need to be reasoned

   The requirement in R 111 (2) EPC of a decision being reasoned is not met if the decision merely contains statements that at best give rise to speculation about what the deciding body might have intended to express. Such a decision constitutes a substantial violation of the right to be heard and must...