Overview · Filed: Oct 28, 2024
UPC_CFI_628/2024
EMBOLIC PROTECTION DEVICE
InfringementMain Infringement ActionMunich LDInfringementCase Closed
This case cites
Authorities cited within the decisions on file for this case.
EPC article · 3
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 76(1) | ne ultra petita — court decides in accordance with requests and shall not award more than requested | Binding | According to Art. 76 (1) UPCA, the Court shall decide in accordance with the requests submitted by the parties and shall not award more than is requested. |
| 69(2) | costs — each party bears own costs (symmetric outcome) | Binding | Article 69 (2) UPCA applies: Both parties bear their own costs. |
| 69(3) | costs — party causing unnecessary costs must bear them | Binding | According to Article 69 (3) UPCA, the party that caused unnecessary costs must bear them. |
UPC Court of Appeal · 1
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| UPC_CoA_393/2025 | costs — defendant forced to file counterclaim to defend via invalidity arguments | Binding | it must be taken into account that a defendant is forced to file a counterclaim in order to defend itself by raising invalidity arguments (UPC_CoA_393/2025, decision of 20 June 2025) |
UPC (CFI) · 1
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| UPC_CFI_414/2024 | conditional counterclaim — admissibility of intra-procedural condition | Persuasive | for the admissibility of such an intra-procedural condition, see also LD Mannheim, decision of 5 December 2025, UPC_CFI_414/2024 |
Rules of Procedure · 1
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 263.3 | conditional counterclaim — transition to dependent counterclaim limits scope | Binding | the counterclaim is limited in accordance with Rule 263.3 of the Rules of Procedure (RoP). |
Cited by
Subsequent UPC decisions citing this case.
| Cited in | Date | Legal point | Strength | Excerpt |
|---|---|---|---|---|
| UPC_CoA_393/2025 Court of Appeal | Jun 20, 2025 | impugned order on security for costs | Background | ORD_9097/2025 (App_8962/2025, UPC_CFI_628/2024) in the main proceedings concerning infringement action, ACT_58638/2024, UPC_CFI_628/2024, issued by the Munich Local Division on 16 April 2025. |