SONN Patentanwälte – IP Attorneys

  1. UPC Local Division: Preliminary Objection

    The alleged incompatibility of the legal bases of the UPC, in particular the provisions of the UPCA, with the requirements of European primary law in the form of the TEU and the TFEU, and the alleged invalidity of the UPCA resulting therefrom, is not a ground for objection within the meaning of R...

  2. UPC Local Division: Protection of Confidential Information

    The claimant requests that access to confidential information of the cost assessment proceedings (proof of legal fees) be restricted to the defendant and their lawyers. The application is granted. The defendant is therefore prevented from making the subject matter of the application known to third...

  3. UPC Local Division: Dispute

    Objections based on an alleged lack of knowledge are generally not taken into account. The Rules of Procedure do not recognize this form of submission (LK Düsseldorf 13. 5. 2025, CFI 505/2024).

  4. UPC Local Division: Cost Assessment Proceedings

    If the Court of Appeal has made a decision on costs in the proceedings for the ordering of interim measures in accordance with R 242.1 RoP, an application for the assessment of costs in accordance with R 151 RoP is also admissible following this decision. If a party in the provisional proceedings...

  5. Bifurcation of Revocation Counterclaim

    On 5 August 2024, the claimant filed an action for patent infringement against a total of 14 defendants. The notice of the publication of the grant of the patent was published on 14 August 2024. On the same day, 14 August 2024, 6 defendants and two other group-affiliated companies filed an action...

  6. UPC Local Division: Right to Information

    With regard to the right to information, the questions of temporal applicability and the period for which information is to be provided are to be distinguished from each other. The rights to information enshrined in the UPCA, in particular Article 67 UPCA and Article 68(3)(a) and (b) UPCA in conjunction...

  7. Territorial Scope of Injunction

    The claimant requests that the defendant cease infringement not only in the territory of France, but also in Germany, the Netherlands, and the United Kingdom. The claimant relies on official reports from the judicial commissioner regarding purchases made via the defendant's website, through which...

  8. UPC Local Division: Service

    The defendant was informed of the service on 10 March 2025, the statement of claim was made available for collection at a branch of the German Post, he did not collect it within the following two weeks and did not inquire about it with the German Post later either. The acceptance of the letter was...

  9. UPC Local Division: Applicable Law

    The determination of the applicable substantive law in the case of an alleged infringement is to be strictly distinguished from the question of jurisdiction to decide on the action. When determining the applicable substantive law, the fundamental principles of the prohibition of retroactivity, as...

  10. UPC Local Division: Preservation of Evidence

    An order for the preservation and inspection of evidence can serve to secure evidence of individual acts of use. Even if R 196.1 RoP lists a large number of measures for the preservation of evidence, it is not an exhaustive list of measures. The specific measures required must always be decided against...

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