European Union: Court Procedure

The Unified Patent Court's Court of Appeal examines critical questions of patent validity, including whether omitting disclosed features constitutes added matter when functional or structural links exist, and how technical effects factor into determining essential features for inventive step analysis. The decision also addresses procedural boundaries for raising new legal arguments on appeal.

The Unified Patent Court's Court of Appeal examines the scope of a defendant's obligations under an injunction order, specifically addressing whether geo-blocking purchase functions alone satisfies compliance requirements when third-party platforms continue to market prohibited products.

The Unified Patent Court's Court of Appeal issued a significant ruling on evidence production requests in appeal proceedings involving Network System Technologies LLC and Qualcomm entities. This case addresses procedural matters under Rule 190 of the Rules of Procedure concerning three European patents related to telecommunications technology.

A recent order from the Paris Central Division of the Unified Patent Court establishes that parties may file UPC actions before the grant of underlying European patents, creating new strategic considerations for patent proprietors considering opt-outs. The decision in Omnia Technologies v Sidel Participations demonstrates how timing of opt-out requests has become critical, as the court found jurisdiction even when patents were not yet granted at the time of filing.

The Unified Patent Court is witnessing a significant shift toward English as the primary language of proceedings, with a recent Milan Local Division decision exemplifying this trend.

A Maltese court has ruled that BNF Bank plc can enforce its pre-existing security rights over property subject to a seizing and freezing order, marking the first instance where the Civil Court (Asset Recovery Section) released assets to protect a bona fide secured creditor. The judgment establishes that banking institutions holding legitimate security interests acquired in good faith are not automatically overridden by asset recovery measures.

The High Court has issued a new Practice Direction governing the use of generative AI in litigation, establishing mandatory disclosure requirements for affidavits, witness statements and expert reports. Legal practitioners must now ensure all AI-generated content is verified, accurate and compliant with professional obligations, with significant sanctions for non-compliance including costs orders and potential referral to regulatory authorities.

Res judicata prevents parties from relitigating matters already decided, but its application in Cyprus commercial litigation involves distinct rules for repeated causes of action, previously determined issues...

The High Court's recent judgment in O'Shaughnessy v Health Service Executive provides crucial guidance on when medical negligence proceedings may be dismissed for want of prosecution, particularly examining the significance of warning letters and the four-year inactivity threshold. Building on the Supreme Court's reformulated principles in Kirwan v Connors, the decision clarifies what procedural steps genuinely interrupt periods of delay and when the burden shifts to plaintiffs to justify continuation of st