UPC_CFI_681/2024

DATA PROCESSING, ANALYSIS METHOD OF GENE EXPRESSION DATA TO IDENTIFY ENDOGENOUS REFERENCE GENES

Parent infringement case:UPC_CFI_437/2024

RevocationCounter Claim for RevocationMunich LDCounter claim for revocationCase Closed

This case cites

Authorities cited within the decisions on file for this case.

Target	Legal point	Strength	Excerpt
76(1)	claim construction — court decides in accordance with requests and shall not award more than requested	Binding	According to Art. 76 (1) UPCA, the Court shall decide in accordance with the requests submitted by the parties and shall not award more than is requested.
69(2)	costs — each party bears own costs where symmetric outcome	Binding	Article 69 (2) UPCA applies: Both parties bear their own costs.
69(3)	costs — party that caused unnecessary costs must bear them	Binding	According to Article 69 (3) UPCA, the party that caused unnecessary costs must bear them. The defendant is responsible for the costs incurred by the counterclaim.

Target	Legal point	Strength	Excerpt
9.2	late submissions — new argument first raised at oral hearing must be disregarded	Binding	the Claimant's new submission or argument must be disregarded in accordance with Rule 9.2 RoP.
263.3	conditional counterclaim — unconditional transition to dependent counterclaim limits scope	Binding	The unconditional transition from a counterclaim to a dependent counterclaim, which is dependent on the occurrence of an intra-procedural condition (i.e. a finding of patent infringement by the Court), means that the counterclaim is limited in accordance with Rule 263.3 of the Rules of Procedure (RoP).

Target	Legal point	Strength	Excerpt
UPC_CoA_393/2025	costs — defendant forced to file counterclaim in order to defend by raising invalidity arguments	Binding	it must be taken into account that a defendant is forced to file a counterclaim in order to defend itself by raising invalidity arguments (UPC_CoA_393/2025, decision of 20 June 2025)

Target	Legal point	Strength	Excerpt
UPC_CFI_414/2024	conditional counterclaim — admissibility of intra-procedural condition	Persuasive	for the admissibility of such an intra-procedural condition, see also LD Mannheim, decision of 5 December 2025, UPC_CFI_414/2024

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