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UPC CoA 456/2024

Aug 2, 2024·EP2331036 · DEVICE FOR TREATING NIGHT TIME BREATHING PROBLEMS

Case details
Status
Case Closed (Claim dismissed)
Action
Appeal
Category
Main appeal
Parties
Claimants
Representatives
Respondents
  • Name withheld (GDPR)
Representatives
Division
Court of Appeal
Technology
  • Instruments
    Medical technology
Language
—
First decided
Nov 21, 2024
How this compares
How long the court takes to reach a first decision.
Median days to first decision
All UPC124
Judge Klaus GrabinskiLocked
Judge Peter BlokLocked
Judge Emanuela GermanoLocked

At the UPC: OrthoApnea S.L. (7 cases)

Decisions
  • 2024-11-21
    Appeal RoP220.2Public

    Summary: Court of Appeal declared the appeal against the primary first-instance order inadmissible and rejected the appeal against the review order. The CoA clarified the rules on amendment of a case versus new arguments: not every new argument constitutes an amendment of case requiring leave under R.263 RoP; the nature or scope of the dispute must change. The anonymised respondent's claims relating to admissibility of new arguments were assessed. The case involves a patent infringement action before a Dutch-language division.

    Show the legal issues (4)
    • Amendment of case versus new argument (R.263 RoP)
    • Admissibility of new arguments after Statement of Claim
    • Leave to appeal (R.220.2 RoP)
    • Inadmissibility of appeal against primary order
Document titleDatePublic
Acknowledgement-of-lodging2024-11-21Not public
Final Order (Substantive Order)2024-11-21Not public
DecisionOutcome2024-11-21Not public
Final order2024-11-21Public
Final order2024-11-21Not public
Hearing reference2024-10-29Not public
Hearing reference2024-10-29Not public
interimProcedureClosure2024-09-23Not public
summons2024-09-23Not public
Procedural order2024-09-23Not public