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Bardehle Pagenberg
Even if both parties are start-ups or SMEs, both parties have a limited cash-flow, are competitors of each other and the claimant has limited financial capacities...
Bardehle Pagenberg
The Local Division The Hague decided to hear both the infringement action and the counterclaim for revocation (Art. 33(3)(a) UPCA) and not to bifurcate.
Jones Day
The introduction of the Unitary Patent (UP) and the Unified Patent Court (UPC) is the most significant development in patent enforcement in Europe for a generation.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Patent Litigation Comparative Guide for the jurisdiction of Germany, check out our comparative guides section to compare across multiple countries
Bardehle Pagenberg
An application for the protection of confidential information ("Confidential Annex") under Rule 262A was made by the Claimant concerning...
Bardehle Pagenberg
A defendant seeking a change in the language of the proceedings does not need to wait for the submission of the statement of defense...
Bardehle Pagenberg
Insofar as R. 9.3 (a) RoP provides for the possibility of extending time periods, this should only be used with caution and only...
Bardehle Pagenberg
The UPC proceedings are generally front-loaded (e.g., Preamble RoP 7). Therefore, the exchange of written pleadings is normally limited in accordance with Rule 43 RoP.
Bardehle Pagenberg
R. 270 to 274 RoP do not provide for the possibility of service at a place of business within the Contracting Member States for defendants having their seat outside...
Bardehle Pagenberg
In the event of violations of orders under Art. 62 UPCA, a penalty payment may be imposed without a further court enforcement order in accordance with Art. 82 (4) UPC
Bardehle Pagenberg
A separation of proceedings according to R. 302.1 RoP is sensible and appropriate when dealing with a plurality of patents.
Bardehle Pagenberg
R. 271.6 (b) RoP applies only for the Statement of claim, not to the Counterclaim for revocation, which must be included in the Statement of defence (see R. 25.1 RoP).
Bardehle Pagenberg
The extension of an infringement action by including claims from a further patent after the termination of limitation proceedings for such patent is admissible.
AFD China
InterDigital has secured a victory against OPPO and OnePlus in Germany regarding its mobile technology patent, according to news released on January 8.
Bardehle Pagenberg
Possibility for parties to comment on separation of subject matter of extension of complaint due to procedural reasons.
Norton Rose Fulbright
The EU Commission has set itself the Herculean task of making the licensing of standard essential patents (SEPs) transparent, predictable and efficient.
Norton Rose Fulbright
On June 1, 2023, after decades of preparation, the Unified Patent Court Agreement (UPCA) entered into force and the unitary patent (UP) system became a reality.
European Union
Purplevine IP
At the beginning of the new year, we learned that the German Federal Patent Court had ruled in favor of OPPO...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The UPC Court of Appeal rendered its first substantive decision [1] on 26 February 2024. In re. 10x Genomics vs. NanoString...
Jones Day
Last year, the EPO announced its new practice of accelerating opposition proceedings if informed of parallel infringement or revocation proceedings before the Unified Patent Court ("UPC") or a national court of a contracting state.
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