Overview · Filed: —
ACT_459987/2023
A SYSTEM COMPRISING A PROSTHETIC VALVE AND A DELIVERY CATHETER
InfringementMain Infringement ActionMunich LDInfringement Action—
This case cites
Authorities cited within the decisions on file for this case.
EPC article · 4
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 3(c) | jurisdiction | Binding | The Unified Patent Court has jurisdiction over acts of infringement committed before the entry into force of the Agreement on a Unified Patent Court on 1 June 2023. This is in line with Article 3(c) and 32(1)(a) UPCA. |
| 32(3b) | jurisdiction | Binding | In accordance with Article 32(3b) of the UPCA, a referral of the counterclaim for revocation to the central division and a continuation of the action for infringement may be made following a decision to this effect. |
| 34 | jurisdiction | Binding | Art. 34 UPCA stipulates that injunctive relief, and other corrective measures can be ordered with respect to all contracting member states where the European Patent has effect. |
| 64(4) | proportionality | Binding | Article 64(4) of the UPCA explicitly mentions the interests of third parties. |
Rules of Procedure · 2
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 105.5 | jurisdiction | Binding | SUBJECT-MATTER OF THE PROCEEDINGS: Patent infringement – R 105.5 |
| 295(c)(i) | jurisdiction | Binding | Once the central division has delivered its ruling and upheld the patent in an amended form, a stay of the action for infringement may be based exclusively on R. 295(c)(i) or (m) RoP. |
UPC (CFI) · 2
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| UPC_CFI_198/2023 | novelty | Background | The Central Division Section Paris rendered a decision on 19 July 2024 (ACT_551308/2023, CC_584916/2023, CC_585030/2023). The patent was upheld according to auxiliary request 2. |
| UPC_CFI_198/2023 | novelty | Background | The Central Division Section Paris rendered a decision on 19 July 2024 (ACT_551308/2023, CC_584916/2023, CC_585030/2023). |
UPC Court of Appeal · 1
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| UPC_CoA_457/2024 | novelty | Background | This decision had been appealed (UPC_CoA_457/2024, UPC_CoA_458/2024 and UPC_CoA_464/2024). |
EPO Boards of Appeal · 1
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| EP 3 583 920 | inventive step | Persuasive | a similar lack of inventive step led the EPO's Board of Appeal to conclude that family member EP 3 583 920 B1 ("EP 920") in the version of auxiliary request 2 (with a virtually identical claim set as EP 825 in the version of Auxiliary Request II) lacked inventive step |
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Subsequent UPC decisions citing this case.
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