Key takeaways
Representation (Art. 48(1) or (2) UPCA)
A UPC representative with extensive administrative and financial powers within a legal entity cannot validly represent that entity before the UPC.
The representative must be sufficiently independent to ensure fair representation in patent law matters.
Remediable defect (Rule 361 RoP)
Lack of valid representation renders pleadings void but is a remediable defect.
The Court grants a period of 30 days to appoint a new representative to remedy the defect.
Suspension of deadlines
Procedural deadlines are suspended during the period granted for appointing a new representative.
Division
Central Division Paris
UPC number
UPC_CFI_164/2024
Type of proceedings
Infringement Action
Parties
Suinno Mobile & AI Technologies Licensing Oy
vs.
Microsoft Corporation
Patent(s)
EP 2 671 173
Jurisdictions
Unified Patent Court
Body of legislation / Rules
Art. 48(1) or (2) UPCA, R. 361 RoP, R. 9 RoP, R. 291(2) RoP, R. 361 RoP
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
