UPC_CFI_54/2024

VERIFIABLE DEVICE ASSISTED SERVICE POLICY IMPLEMENTATION

InfringementMain Infringement ActionMunich LDInfringementCase Closed

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Authorities cited within the decisions on file for this case.

Target	Legal point	Strength	Excerpt
138	revocation ground - extension beyond original disclosure	Background	Samsung's invalidity attack based on Art. 138(1)(e) EPC was inadmissible under the applicable German and French law.
69	security for costs	Binding	The Court, when exercising its discretion under Art. 69(4) UPCA and R.158 RoP, must determine, in the light of the facts and arguments brought forward by the parties, whether the financial position of the claimant gives rise to a legitimate and real concern
138	added matter / extension beyond original disclosure	Binding	Samsung contests the alleged infringement and lodged a counterclaim for revocation on 5 July 2024, invoking Arts. 138(1)(c), 123(2) EPC as well as Arts. 138(1)(a), 54 and 56 EPC
138	novelty and inventive step - revocation grounds	Binding	invoking Arts. 138(1)(c), 123(2) EPC as well as Arts. 138(1)(a), 54 and 56 EPC

Target	Legal point	Strength	Excerpt
105	order following interim conference	Binding	SUBJECT-MATTER Rule 105.5 Order following the Interim Conference of 28 February 2025.
175	written witness statement requirements	Binding	Samsung pointed out that Exhibit 'K Witness Raleigh' did not qualify as a written witness statement as it lacked some of the requirements set out in Rule 175 RoP.
158	security for costs	Binding	SUBJECT-MATTER OF THE PROCEEDINGS Patent infringement – Application pursuant to Rule 158 RoP.

Target	Legal point	Strength	Excerpt
UPC_CoA_217/2024	legal standard for security for costs under R. 158 RoP	Binding	In the order dated 17 September 2024 (UPC_CoA_217/2024 APL_25919/2024; UPC_CoA_219/2024 APL_25923/2024; UPC_CoA_221/2024 APL_25926/2024) the CoA has set out the legal standard for the application of R 158 RoP

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