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Overview · Filed: Mar 8, 2024

UPC_CoA_106/2024

MRI-SAFE DISK MAGNET FOR IMPLANTS

AppealsMain AppealCourt of AppealAppealCase Closed
This case cites
Authorities cited within the decisions on file for this case.

Rules of Procedure · 2

TargetLegal pointStrengthExcerpt
340connection joinder / joint hearing between divisionsBindingA connection joinder pursuant to R. 340 RoP cannot result in the referral of an action to another division of the Court of First Instance beyond the possibilities provided for referral of actions in Art. 33 UPCA.
340joint hearing procedure / connection joinderBindingR. 340.1 of the Rules of Procedure of the UPC (hereinafter: RoP) requires the involvement of both panels. It does not provide a basis for the unilateral imposition of a referral

EPC article · 2

TargetLegal pointStrengthExcerpt
33jurisdiction and referral between divisionsBindingArt. 33 UPCA does not permit the referral of an action for infringement from a local division to the central division without the agreement of the parties involved.
33jurisdiction of central division in infringement actionsBindingIt is doubtful whether Art. 33(5) UPCA is applicable in the present case, given that defendants 2 and 3 are not involved in the revocation action
Cited by
Subsequent UPC decisions citing this case.

Not yet cited in another decision in our corpus.