Keywords:
myStromer/Revolt Zycling (joint hearing)
Law applied:
UPCA Art. 33 para. 3; UPCRoP R. 37.1, R. 37.2
Official guidelines:
- Even if, pursuant to R. 37.1 RoP, the panel is to decide by order on the procedure under Article 33(3) UPCA as soon as possible after the conclusion of the written procedure, it may, pursuant to R. 37.2 RoP, take an earlier decision if it takes into account the parties' submissions and grants them the right to be heard.
- The joint hearing of infringement and nullity counterclaims can make sense for reasons of efficiency alone. It is also advantageous in terms of content, as it allows a decision to be made on both the legal status and the infringement issue on the basis of a uniform interpretation by the same panel of judges in the same composition. This applies all the more if the complexity of the technology in dispute is rather moderate in the known spectrum of patent disputes and the number of validity attacks is also manageable.
UPC, Local Division Düsseldorf, Order of 22.11.2023 – UPC_CFI_260/2023 –
Download Judgment (machine translation)
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