Overview · Filed: Jul 24, 2025
UPC_CoA_681/2025
COMPOSITIONS AND METHODS FOR ANALYTE DETECTION
AppealsMain AppealCourt of AppealAppealCase Closed
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Rules of Procedure · 6
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 131.1 | determination of damages — lay open books | Binding | A request for an order to lay open books forms part of the procedure for the determination of the amount of damages and compensation, which is governed by Chapter 4 of Part 1 RoP (see R. 131.1(c) and R. 141 to 144 RoP). |
| 141 | separate procedure for determination of damages | Binding | governed by Chapter 4 of Part 1 RoP (see R. 131.1(c) and R. 141 to 144 RoP) |
| 213.2 | compensation for damages from provisional measures | Binding | In its application, Bruker submitted a request for an order to lay open books for the purpose of determining the amount of compensation pursuant to R. 213.2 RoP. |
| 125 | determination of compensation under R.213.2 included in damages procedure | Binding | R. 125 RoP expressly provides that the determination of compensation pursuant to R. 213.2 RoP is included in the determination of the amount of damages that may be the subject of the separate proceedings |
| 354.2 | R. 125 applies mutatis mutandis to compensation proceedings | Binding | The fact that R. 213.2 RoP refers to R. 354.2 RoP, which in turn stipulates that R. 125 RoP shall apply mutatis mutandis, confirms that this chapter applies to the determ |
| 220.1 | appealability of order terminating action | Binding | The impugned order ... must be considered appealable under R. 220.1(a) RoP, as it terminates the infringement action, the counterclaims for revocation, and the proceedings relating to the application for compensation. |
EPC article · 1
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| Article 60 UPCA | compensation for damages caused by provisional measures | Binding | Bruker filed an application under Art. 60(9) UPCA and R. 213.2 RoP with the Munich Local Division seeking compensation for the damage caused by the provisional measures |
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