ARTICLE
12 March 2025

CD Paris, March 03, 2025, Order, UPC_CFI_164/2024

BP
Bardehle Pagenberg

Contributor

BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
A UPC representative with extensive administrative and financial powers within a legal entity cannot validly represent that entity before the UPC.
France Intellectual Property

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

self
2025-03-03-CD_Paris-UPC_CFI_1642024 Download

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