Overview · Filed: Sep 12, 2023
UPC_CFI_308/2023
VAPORIZER
RevocationMain Revocation ActionParis CDRevocationCase Closed
This case cites
Authorities cited within the decisions on file for this case.
courtName.other · 5
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 17 | judicial impartiality | Binding | contrary to the principles of judicial impartiality (Article 17 of the Unified Patent Court Agreement) and of the right of a fair trial (Article 6 of the European Convention on Human Rights |
| Art. 6 ECHR | right to a fair trial | Background | Article 6 of the European Convention on Human Rights and Article 47 of the European Union Charter of Fundamental Rights |
| Art. 47 EU Charter | right to a fair trial / effective remedy | Background | Article 6 of the European Convention on Human Rights and Article 47 of the European Union Charter of Fundamental Rights |
| 65 | partial revocation / maintenance in amended form | Binding | Article 65 (3) 'UPCA' allows the Court to evaluate if the grounds for revocation affect the patent as granted only in part and to revoke the patent (only) in part accordingly (see Paris CD, decision issued on 5 November 2024, UPC_CFI_309/2023). |
| 69 | costs allocation | Binding | In accordance with Article 69.2 UPCA and Rule 118.5 RoP, the Court orders that the parties bear their own costs. |
Rules of Procedure · 4
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 9 | active case management / extension of time limits | Binding | Rule 9 'RoP', which the applicant has based its application on, allows the Court to make procedural orders for the purposes of an active case management. |
| 331 | judge-rapporteur's case management responsibility | Binding | the case management is the responsibility of the judge-rapporteur during the written and the interim procedure (see Rule 331 'RoP') |
| 30 | reasonableness of number of conditional auxiliary requests | Binding | according to Rules 30 (1) (c) and 50 (2) 'RoP', the proposed amendments, if they are conditional like in the present case, must be reasonable in number in the circumstances of the case. |
| 118 | costs allocation | Binding | In accordance with Article 69.2 UPCA and Rule 118.5 RoP, the Court orders that the parties bear their own costs. |
UPC (CFI) · 1
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| UPC_CFI_309/2023 | partial revocation / maintenance in amended form | Persuasive | see Paris CD, decision issued on 5 November 2024, UPC_CFI_309/2023 |
Cited by
Subsequent UPC decisions citing this case.
Not yet cited in another decision in our corpus.