Overview · Filed: Aug 30, 2024
UPC_CFI_499/2024
BROWN MUSHROOMS FOR COMMERCIAL PRODUCTION
InfringementMain Infringement ActionThe Hague LDInfringementCase Closed
This case cites
Authorities cited within the decisions on file for this case.
Rules of Procedure · 9
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 320 | jurisdiction — re-establishment of rights after missed deadline | Binding | regarding R.320 – re-establishment |
| 275 | jurisdiction — alternative service of statement of claim | Binding | On 13 December 2024 Claimant filed an application [...] for alternative service of the Statement of Claim on Defendant pursuant to R. 275 RoP |
| 118.1 | infringement — damages | Binding | liable for damages suffered by Claimant due to the infringement of the patent in the relevant UPC states [...] in accordance with Art. 68 UPCA, R. 118.1 RoP). |
| 119 | infringement — interim award of damages | Binding | Pursuant to R. 119 RoP the Claimant requests the Court to order Defendant to pay an interim award of damages of EUR 50,000. |
| 354.1 | infringement — enforcement | Binding | The immediate enforceability [...] follows from Art. 82.1 UPCA, R. 354.1 and R. 355.4 RoP. |
| 356 | jurisdiction — application to set aside decision by default | Binding | Rule 356 – Application to set aside a decision by default 1. A party against whom a decision by default has been given may lodge an Application to set aside that decision within one month of service of the decision. |
| 353 | jurisdiction — rectification | Background | Order [...] regarding: R.356 and R.353 |
| 320 | jurisdiction — re-establishment of rights not appealable | Binding | A R.320-Order cannot be appealed pursuant to R.320.7. |
| 275 | jurisdiction — default consequence stated in R.275 order | Binding | The representative was also warned in the R.275-Order, which was sent to him on 20 December 2024, that a decision by default would be rendered in case the SoD would not be filed within the time limit. |
EPC article · 6
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 122 | jurisdiction — re-establishment of rights requires all due care | Persuasive | The European Patent Convention contains a provision on reestablishment of rights (Art. 122 EPC), which equally prescribes "all due care required by the circumstances having been taken". |
| 53(b) | novelty — mushroom strain not excluded from patentability under Art. 53(b) EPC | Binding | Mushroom strain is not considered to be excluded from patentability (Art. 53(b) EPC). |
| 68 | infringement — damages for infringement | Binding | The Defendant is also liable for damages suffered by Claimant due to the infringement of the patent in the relevant UPC states [...] in accordance with Art. 68 UPCA, R. 118.1 RoP). |
| 69 | costs — unsuccessful party bears costs | Binding | Defendant as the losing party is obliged to bear reasonable and proportionate legal costs [...] in accordance with Article 69 UPCA. |
| 63(1) | infringement — permanent injunction | Binding | Orders Defendant to refrain from direct infringement of European patent EP 1 993 350 B2 [...] (Art. 63(1) and 25(a) UPCA). |
| 82(1) | infringement — immediate enforceability | Binding | The immediate enforceability of the orders [...] follows from Art. 82.1 UPCA, R. 354.1 and R. 355.4 RoP. |
Cited by
Subsequent UPC decisions citing this case.
| Cited in | Date | Legal point | Strength | Excerpt |
|---|---|---|---|---|
| UPC_CoA_935/2025 Court of Appeal | Jan 16, 2026 | jurisdiction | Background | Numbers attributed by the Court of First Instance: UPC_CFI_499/2024, ACT_48877/2024 |
| UPC_CoA_935/2025 Court of Appeal | Mar 24, 2026 | jurisdiction | Background | Numbers attributed by the Court of First Instance: UPC_CFI_499/2024, ACT_48877/2024 |