UPC_CFI_189/2024

PROSTHETIC HEART VALVE

RevocationMain Revocation ActionParis CDRevocationCase Closed

This case cites

Authorities cited within the decisions on file for this case.

Target	Legal point	Strength	Excerpt
RoP_rule 150	cost decision; meaning of 'decision on the merits'	Binding	For the purpose of interpreting Rule 150 'RoP', a 'decision on the merits' must be understood as a decision that concludes litigation proceedings
RoP_rule 9	generic procedural request; wrong workflow does not render application inadmissible	Binding	the application is inadmissible as it was filed under Rule 9 'RoP', which relates to generic procedural request, and not under Rule 150 'RoP' which is specifically provided for a request for a cost decision.
RoP_rule 4	CMS workflow obligation; wrong workflow does not cause inadmissibility absent prejudice	Binding	even if Rule 4 (1) 'RoP' stipulates an obligation to use the workflows provided by the CMS in order to make the case management system more transparent and more accessible
RoP_rule 49	time limit for filing counterclaim for infringement	Binding	the situation at hand prompts the Court to extend the time period referred to by Rule 49 'RoP' for the filing of the counterclaim for infringement to 23 July 2024, pursuant to Rule 9 (3) (a) 'RoP'
RoP_rule 9	extension of time period by court; justified exceptional cases	Binding	the situation at hand prompts the Court to extend the time period referred to by Rule 49 'RoP' for the filing of the counterclaim for infringement to 23 July 2024, pursuant to Rule 9 (3) (a) 'RoP'

Target	Legal point	Strength	Excerpt
Art. 63 UPCA	injunction relief; discretionary power to refuse disproportionate injunction	Binding	pursuant to Article 63 (1) 'UPCA' the defendants are obliged to refrain from any further infringing acts as set forth in Article 25 (a) 'UPCA'
Art. 25 UPCA	direct infringement; making, offering, placing on market	Binding	the defendants are obliged to refrain from any further infringing acts as set forth in Article 25 (a) 'UPCA' with any product according to claim 1
Art. 63 UPCA	recurring penalty payment for non-compliance with injunction	Binding	Under Art. 63 (2) 'UPCA' and Rule 354 (3) 'RoP' non-compliance with the injunction shall be subject to a recurring penalty payment payable to the Court.
Art. 67 UPCA	order to provide information on origin and distribution of infringing products	Binding	Pursuant to Article 67 (1) 'UPCA' and Rule 191 'RoP', the defendants are further ordered, within four weeks after service of this judgment, to inform the counterclaimant of: (i) the origin and distribution channels

Target	Legal point	Strength	Excerpt
UPC_CFI_164/2024	incorrect citation of legal provisions does not preclude consideration of application	Persuasive	see Paris CD, order issued on 27 December 2024, UPC_CFI_164/2024
UPC_CFI_484/2023	CMS workflow; obligation to use correct workflow	Persuasive	see CD Paris, order issued on 2 July 2024, UPC_CFI_484/2023
UPC_CFI_355/2023	time extension appropriate only in justified exceptional cases	Persuasive	the power to extend the time limit should be used with caution and in justified exceptional cases (see LD Dusseldorf, order of 20 April 2024, UPC_CFI_355/2023
UPC_CFI_454/2023	time extension appropriate only in justified exceptional cases	Persuasive	the power to extend the time limit should be used with caution and in justified exceptional cases (see LD Dusseldorf, order of 20 April 2024, UPC_CFI_355/2023; CD Paris, order of 20 February 2024, UPC_CFI_454/2023)

Cited by

Subsequent UPC decisions citing this case.

Not yet cited in another decision in our corpus.