UPClytics

Decisions

DateCaseDivisionActionMotionOutcomeSummary
2024-02-09UPC_CFI_424/2023The Hague LDInfringement ActionProceduralProcedural onlyThe Hague Local Division issued a procedural order in Abbott v. Dexcom, granting Abbott's request to align the statement of defence deadlines for both Dexcom defendants so that both run from the later service date on Dexcom International Limited (20 December 2023), ensuring synchronised pleading schedules.
2024-01-17UPC_CFI_239/2023The Hague LDProcedural OrderProceduralProcedural onlyThe Hague Local Division issued a procedural order clarifying the deadline for Plant-e to file its defence to the counterclaim for revocation and setting provisional dates for the interim conference and oral hearing, while also inviting parties to comment on the application of Art. 33(3) UPCA regarding bifurcation.
2023-12-22UPC_CFI_424/2023The Hague LDInfringement ActionProceduralProcedural onlyThe Hague Local Division issued a final procedural order confirming that effective service of the statement of claim on Dexcom International Limited had been effected on 20 December 2023 via an Irish process server, thereby setting the deadline for Dexcom International's statement of defence at three months from that date.
2023-12-20UPC_CFI_292/2023Munich LDApplication for provisional measuresPreliminary injunctionPI deniedThe Munich Local Division dismissed SES-imagotag's application for provisional measures against Hanshow Technology and related entities concerning electronic shelf label technology, finding that infringement of EP3883277 had not been established with sufficient certainty. The court also ordered SES-imagotag to bear the costs including those of the protective letter filed by the respondents.
2023-12-19UPC_CFI_249/2023Munich LDApplication for provisional measuresProceduralCosts onlyThe Munich Local Division issued a costs order following the discontinuation of provisional measures proceedings after the respondents (Meril) provided an undertaking to cease the contested acts. The court found the proceedings had become moot, declared the PI application resolved, and ordered the respondents to bear the applicant's costs up to a ceiling of EUR 200,000, holding that respondents had unnecessarily caused those costs.
2023-10-27UPC_CFI_22/2023Hamburg LDInfringement ActionProceduralProcedural onlyThe Hamburg Local Division granted an extension of the deadline for Vizgen, Inc. to file its defence in an infringement action by 10x Genomics and Harvard College, citing delayed upload of statement of claim annexes by the claimants and a delayed CMS access for the defendant's representatives.
2023-10-18UPC_CFI_239/2023The Hague LDInfringement ActionProceduralProcedural onlyThe President of the Court of First Instance issued an order pursuant to Rule 323 RoP on the language of proceedings, in an infringement action by Plant-e Knowledge B.V. and Plant-e B.V. against Arkyne Technologies S.L., concerning EP 2 137 782 relating to a device for converting light energy into electrical energy.
2023-09-29UPC_CFI_15/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a procedural order setting out requirements for using official CMS forms and workflows, and clarifying that a security for costs application under Rule 158.1 RoP requires demonstration that the opposing party's financial circumstances give reason to fear a cost order cannot be enforced.
2023-08-28UPC_CFI_249/2023Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division scheduled an oral hearing for 10 October 2023 in provisional measures proceedings by Edwards Lifesciences against Meril GmbH (EP 3 763 331), setting timelines for responses to objections and arranging simultaneous interpretation.
2023-08-23UPC_CFI_15/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division addressed Meril GmbH's request to align deadline for filing the preliminary objection with the deadline running for co-defendant Meril Life Sciences, granting a moderate extension while noting that alignment can also be achieved by shortening later deadlines.
2023-08-14UPC_CFI_249/2023Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division held that successful service on one co-defendant could constitute effective alternative service on another co-defendant under Rule 275.2 RoP in Edwards Lifesciences' infringement action, given CMS malfunction.
2023-08-10UPC_CFI_15/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division granted Meril GmbH's deadline extension request for filing a preliminary objection, allowing harmonisation of deadlines across co-defendants given service issues and CMS access problems encountered in the early days of the UPC.
2023-08-03UPC_CFI_239/2023The Hague LDInfringement ActionProceduralProcedural onlyThe Hague Local Division granted Plant-e's request under R. 13(q) / R. 7.1 RoP that English-language exhibits need not be translated into Dutch, as the defendant had no apparent interest in requiring Dutch translations.
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