Übersicht · Eingereicht: —
ACT_551180/2023
COMPOSITIONS AND METHODS FOR ANALYTE DETECTION
NichtigkeitHauptnichtigkeitsklageMunich CDRevocation Action—
Dieser Fall zitiert
In den Entscheidungen dieses Falls zitierte Quellen.
Verfahrensordnung · 20
| Quelle | Rechtsfrage | Bindungskraft | Auszug |
|---|---|---|---|
| 43 | jurisdiction | Bindend | Following the exchange of the written pleadings in accordance with Rule 43 RoP, the judge-rapporteur – after having informed the parties of his intention to do so – closed the written procedure pursuant to Rule 58 in connection with Rule 35 RoP on 24 January 2024. |
| 58 | jurisdiction | Bindend | closed the written procedure pursuant to Rule 58 in connection with Rule 35 RoP on 24 January 2024. |
| 35 | jurisdiction | Bindend | closed the written procedure pursuant to Rule 58 in connection with Rule 35 RoP on 24 January 2024. |
| 28 | jurisdiction | Bindend | Parties were invited for an interim conference on the date set in the Rule 28 RoP order. |
| 105.1 | jurisdiction | Bindend | The interim conference was held accordingly on 25 January 2024 by video conference (Rule 105.1 RoP). |
| Preamble 7 | claim amendment | Bindend | The judge-rapporteur reminded the parties of the front-loaded character of UPC proceedings, which means that parties shall set out their full case as early as possible in the proceedings (see e.g. Preamble 7 RoP). |
| 104(j) | jurisdiction | Bindend | the judge-rapporteur informed the parties that he intended to decide the value of the proceedings for the purpose of applying the scale of ceilings for recoverable costs (Rule 104(j) in connection with Rule 152.3 RoP). |
| 152.3 | jurisdiction | Bindend | Rule 104(j) in connection with Rule 152.3 RoP |
| 43 | jurisdiction | Bindend | Following the exchange of the written pleadings in accordance with Rule 43 RoP, the judge-rapporteur – after having informed the parties of his intention to do so – closed the written procedure pursuant to Rule 58 in connection with Rule 35 RoP on 24 January 2024. |
| 58 | jurisdiction | Bindend | closed the written procedure pursuant to Rule 58 in connection with Rule 35 RoP on 24 January 2024. |
| 35 | jurisdiction | Bindend | closed the written procedure pursuant to Rule 58 in connection with Rule 35 RoP on 24 January 2024. |
| 28 | jurisdiction | Bindend | Parties were invited for an interim conference on the date set in the Rule 28 RoP order. |
| 105.1 | jurisdiction | Bindend | The interim conference was held accordingly on 25 January 2024 by video conference (Rule 105.1 RoP). |
| Preamble 7 | claim amendment | Bindend | The judge-rapporteur reminded the parties of the front-loaded character of UPC proceedings, which means that parties shall set out their full case as early as possible in the proceedings (see e.g. Preamble 7 RoP). |
| 104(j) | jurisdiction | Bindend | Rule 104(j) in connection with Rule 152.3 RoP |
| 152.3 | jurisdiction | Bindend | the judge-rapporteur informed the parties that he intended to decide the value of the proceedings for the purpose of applying the scale of ceilings for recoverable costs (Rule 104(j) in connection with Rule 152.3 RoP). |
| 50.2 | claim amendment | Bindend | Permission for subsequent request to amend under Rule 50.2 RoP in connection with Rule 30.2 RoP is not given as the auxiliary request could and should have been filed earlier. |
| 30.2 | claim amendment | Bindend | Permission for subsequent request to amend under Rule 50.2 RoP in connection with Rule 30.2 RoP is not given as the auxiliary request could and should have been filed earlier. |
| 118.5 | novelty | Bindend | In accordance with Article 69 UPCA and Rule 118.5 RoP the Defendant, as the unsuccessful party, the Patent being revoked entirely, has to bear the legal costs of the Claimant. |
| 220.1(a) | jurisdiction | Bindend | Art. 73(1) UPCA, R. 220.1(a), 224.1(a) RoP |
EPÜ-Artikel · 5
| Quelle | Rechtsfrage | Bindungskraft | Auszug |
|---|---|---|---|
| 69 | jurisdiction | Bindend | In accordance with article 69 UPCA, reasonable and proportionate legal costs and other expenses incurred by the successful party shall, as a general rule, be borne by the unsuccessful party, unless equity requires otherwise. |
| 69 | jurisdiction | Bindend | In accordance with article 69 UPCA, reasonable and proportionate legal costs and other expenses incurred by the successful party shall, as a general rule, be borne by the unsuccessful party, unless equity requires otherwise. |
| 54(1) | novelty | Bindend | The assessment of novelty within the meaning of Art. 54(1) EPC requires the determination of the whole content of the prior publication. It is decisive whether the subject-matter of the claim with all its features is directly and unambiguously disclosed in the prior art citation. |
| 69 | novelty | Bindend | In accordance with Article 69 UPCA and Rule 118.5 RoP the Defendant, as the unsuccessful party, the Patent being revoked entirely, has to bear the legal costs of the Claimant. |
| 73(1) | jurisdiction | Bindend | An appeal against the present Decision may be lodged at the Court of Appeal, by any party which has been unsuccessful, in whole or in part, in its submissions, within two months of the date of its notification (Art. 73(1) UPCA, R. 220.1(a), 224.1(a) RoP). |
UPC-Berufungsgericht · 3
| Quelle | Rechtsfrage | Bindungskraft | Auszug |
|---|---|---|---|
| UPC_CoA_2/2023 | urgency | Hintergrund | The judge-rapporteur requested the parties to submit the Court of Appeal decision in case UPC 2/2023 (in relation to EP 4 108 782), once it is |
| UPC_CoA_2/2023 | urgency | Hintergrund | The judge-rapporteur requested the parties to submit the Court of Appeal decision in case UPC 2/2023 (in relation to EP 4 108 782), once it is |
| UPC_CoA_2/2023 | novelty | Überzeugend | this decision is substantively in line with the findings of the CoA in the NanoString/10x Genomics appeal where many similar issues were dealt with by the CoA. |
EuGH · 2
| Quelle | Rechtsfrage | Bindungskraft | Auszug |
|---|---|---|---|
| Brussels I Recast Reg. Arts. 29-32 | jurisdiction | Bindend | International jurisdiction. Lis pendens. Related actions. Parallel national revocation action. Articles 29-32 Regulation Brussels I recast. |
| Brussels I Recast Reg. Art. 30 | jurisdiction | Bindend | Pursuant to Art. 30 of the Brussels I recast Regulation, the UPC may stay proceedings where a related action is pending in a national court. |
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