Overview · Filed: —
ACT_561734/2023
InfringementMain Infringement ActionHamburg LDInfringement Action—
This case cites
Authorities cited within the decisions on file for this case.
EPC article · 2
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 32 | jurisdiction over counterclaim for revocation | Binding | Art. 32 (1) e) and 65 (1) UPCA allow to attack the patent in its entirety by means of a counterclaim, even though single claims are not a part of the infringement requests. |
| 63 | proportionality of remedies | Binding | the infringement action and its annex requests are to be dismissed without further consideration regarding proportionality under Article 63(1) of the UPCA. |
Rules of Procedure · 2
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 25 | late filed validity attack / grounds of invalidity in counterclaim | Binding | Art. 32 (1) e) and 65 (1) UPCA; Claim interpretation; Late filed validity attack, Rule 25 RoP |
| 370.6 | valuation of counterclaim for revocation for court fees | Binding | The amount in dispute of the invalidity counterclaim is increased by up to 50 per cent in accordance with item I. 2. b) (2) (ii) of the 'Guidelines of the Administrative Committee for Determining Court Fees' (see Art. 36(3) UPCA, R. 370.6 RoP). |
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Subsequent UPC decisions citing this case.
Not yet cited in another decision in our corpus.