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UPC CoA 500/2023

Dec 20, 2023·EP3295663 · DIGITALLY OVERLAYING AN IMAGE WITH ANOTHER IMAGE

Case details
Status
Case Closed
Action
Appeal
Category
Main appeal
Parties
Claimants
Representatives
Respondents
Representatives
Division
Court of Appeal
Technology
  • Electrical engineering
    Audio-visual technology
Language
English
First decided
Feb 26, 2024
Last decision
Apr 26, 2024
How this compares
How long the court takes to reach a first decision.
Median days to first decision
All UPC124
Judge Rian KaldenLocked
Judge Patricia RombachLocked
Judge Ingeborg SimonssonLocked

At the UPC: AIM Sport Development AG (15 cases)·Supponor Group (14 cases)

Decisions
  • 2024-04-26

    Summary: Court of Appeal (26 April 2024) ruled that AIM Sport Development AG was entitled to the longer appeal period under R. 224.1(a) RoP (2 months) rather than R. 220.1(c) (15 days) for lodging a statement of appeal, because the CFI incorrectly combined infringement and provisional measures proceedings in one decision without distinction, creating an excusable error on AIM's part.

    Show the legal issues (4)
    • Time limit for lodging statement of appeal (R. 224.1 RoP)
    • Excusable error
    • Legitimate expectations
    • Mixed infringement/provisional measures decision
  • 2024-02-26

    Summary: The Court of Appeal ruled that AIM Sport's appeal (lodged as APL_596892/2023) against a first-instance decision dismissing the actions due to patent opt-out was filed out of the two-month time limit under R.220.1(c) RoP and was therefore inadmissible.

    Show the legal issues (3)
    • Admissibility of appeal – time limit (R.220.1(c) RoP)
    • Opt-out of European patent
    • UPC competence
Document titleDatePublic
Outcome of the Order2025-02-19Not public
Order2025-02-19Public
Acknowledgement-of-lodging2024-11-13Not public
Decision-On-Appeal-On-Measures-Outcome2024-11-12Not public
Final Order2024-11-12Public
Hearing Reference2024-10-09Not public
Hearing Reference2024-10-09Not public
interimProcedureClosure2024-06-18Not public
summons2024-06-18Not public
Order on oral hearing2024-06-18Public