SONN Patentanwälte – IP Attorneys

  1. UPC Local Division: Change in Claim

    The inclusion of another member state in the list of countries for which a judgment for patent infringement is requested extends the scope of the original action. The claimant stated in their application that at the time the action was filed, the national part of the patent in dispute was not in...

  2. UPC Central Division: Late-filed Evidence

    According to R 171 and 172 RoP, a party that relies on a fact that is disputed or could be disputed by the other side must specify the evidence. This means that every party filing a claim must compile the documents required to support its request in advance. The procedure before the UPC is a so-called...

  3. UPC Local Division: Financial Compensation

    Financial compensation for the use of the published EP application also falls within the jurisdiction of the UPC (Article 32(1)(f) UPCA). Since such compensation is not regulated in either the EPatVO or the UPCA, the court must apply the provision of Article 67 EPC on the basis of Article 24(1)(c)...

  4. UPC Local Division: Security for Costs

    The applicant has a legitimate interest in the exchange of the security for costs. They originally decided to deposit the security for enforcement to ensure immediate enforcement of the preliminary injunction. It would not have been possible for the applicant to obtain a bank guarantee within a very...

  5. UPC Local Division: Cost Reimbursement Provisional Proceedings

    Even if a strict literal interpretation of R 150 et seq. RoP does not necessarily suggest this, these provisions can apply to a costs decision after the dismissal of an application for a preliminary injunction, especially if no main proceedings are initiated. In the present case, while main proceedings...

  6. UPC Local Division: Application for Interim Measures (Anti-Antisuit Injunction [AASI])

    The infringement of a right of the patent proprietor is imminent within the meaning of Article 62(1) UPCA if the infringement has not yet occurred, but there are serious and tangible factual indications based on specific circumstances that the defendant will act unlawfully in the near future. The...

  7. UPC Local Division: Preliminary Objection

    Questions of fact and law that are relevant both for jurisdiction under the UPCA in relation to the national courts of the Member States and for the merits of the action are generally not to be decided in the procedure on preliminary objections, but are to be reserved for the substantive proceedings....

  8. UPC Local Division: Amendment of the Patent

    R 30 RoP does not restrict the patent proprietor in their application for amendment of the patent to the prerequisite that the application and the corresponding auxiliary applications must be in direct connection with the grounds for invalidity asserted in the counterclaim for invalidity. If dependent...

  9. UPC Local Division: Jurisdiction Main Proceedings

    At the time the action was brought before the Munich Local Division, proceedings for the issuance of interim measures were pending between the same parties regarding the same patent before the Court of Appeal (the application was brought before the Düsseldorf Local Division). According to the UPCA...

  10. UPC Local Division: Risk of Repetition

    A declaration to cease and desist without a penalty clause by one or two, but not all defendants belonging to a corporate group and jointly infringing a patent, can not safeguard the patent proprietor's interest in the protection of exclusive rights in the same way as a court order. There is still...

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