Category: Unified Patent Court
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Good for NPEs and litigation funders: UPC Munich LD denies requests to order U.S.-based licensing firm to provide security for litigation costs
The Unified Patent Court’s Munich Local Division denied a request by Volkswagen, its Audi subsidiary and Texas Instruments that a license firm be ordered to provide security for litigation expenses.
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UPC’s Paris Central Division: standstill clause goes to admissibility of revocation claim, not to jurisdiction
The Unified Patent Court’s Paris Central Division has rejected a preliminary objection against a revocation action, holding that a standstill agreement may result in an inadmissibility finding, but not in a lack of jurisdiction.
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UPC Mannheim LD sticks to German practice of severing claims against non-EU defendants to avoid delays due to service of process
The UPC’s Mannheim Local Division has split up each of three Panasonic v. Xiaomi actions before it into three separate cases so as not to be held up by service of process outside the EU.
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UPC’s Paris LD: intervenor can’t bring nullity counterclaim if defendant doesn’t; clarifies hurdle for language change
The UPC’s Paris Local Division today clarified that an intervenor faces the same deadline for a nullity counterclaim as the defendant. And the hurdle for changing the language of proceedings is high.
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Unified Patent Court makes first standard-essential patent decision: Mannheim LD orders production of license agreements
The UPC’s Mannheim Local Division has entered an order favoring transparency in connection with standard-essential patent license agreements in SEP disputes.
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The Hague decision shows Unified Patent Court’s software SNAFU wastes not only counsel’s but also judges’ time
The UPC’s dysfunctional case management system results not only in an unacceptable and unnecessary amount of extra work on counsel’s side, but also adds to the judicial workload.
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UPC appoints more judges for Munich (but not from Munich) and Mannheim — others get to spend more of their time on UPC
The Unified Patent Court’s selection of judges suggests a pro-Dusseldorf and anti-Munich bias. The reasons are unclear as of now.
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UPC’s Dusseldorf Local Division grants 10x Genomics preliminary injunction against Curio, clarifies legal standard in four contexts
Today the Dusseldorf Local Division of the Unified Patent Court issued a preliminary injunction in 10x Genomics’ favor against Curio Bioscience.
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Austrian patent attorney firm litigates UPC infringement cases as lead counsel, not requiring attorneys-at-law
An Austrian patent attorney firm is increasingly representing clients as lead counsel in infringement (not merely revocation) actions before the Unified Patent Court.
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UPC Court of Appeal clarifies deadline for PI appeals, exercises discretion in appellant’s favor but may not do so next time
The deadline for an appeal of a preliminary injunction or denial thereof by the court of first instance of the UPC is 15 days, while it is two months for final decisions in main proceedings. The UPC Court of Appeal apparently expects practitioners to be aware of this going forward, period.