Germany: Litigation, Mediation & Arbitration

The UPC Court of Appeal addresses a critical question of cost allocation when a patent holder surrenders their patent immediately after a revocation action is initiated. This case examines whether a claimant who files for revocation must bear the costs when the defendant offers no resistance and surrenders the patent at the outset of proceedings.

The Court of Appeal addresses whether the deadline for submitting a Statement of response to an appeal can be extended when new information becomes available after the Statement of grounds of appeal was received. This procedural decision involves an appeal between Fives ECL and REEL GmbH concerning European Patent EP 1 740 740, examining the application of specific UPCA articles and Rules of Procedure governing extension of time limits in UPC appeal proceedings.

The Local Division Düsseldorf issued a procedural order addressing service of a statement of claim under The Hague Convention when Chinese authorities indicate a defendant refuses to accept documents. The order clarifies whether such refusal constitutes sufficient service and examines the application of Rule 275.2 RoP for immediate service without requiring alternative methods under Rule 275.1 RoP.