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
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 340 | connection joinder / joint hearing between divisions | Binding | A 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. |
| 340 | joint hearing procedure / connection joinder | Binding | R. 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
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 33 | jurisdiction and referral between divisions | Binding | Art. 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. |
| 33 | jurisdiction of central division in infringement actions | Binding | It 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 |
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