1. Key takeaways
No bifurcation of infringement action and counterclaim for revocation (as unanimously requested by the parties)
A joint hearing of the infringement action and the counterclaim seems to be appropriate in particular for reasons of procedural expediency and avoids the risk of delay that might be involved with bifurcating. It is also preferable because it allows both issues – validity and infringement – to be decided on the basis of a uniform interpretation of the patent by the samepanel composed of the same judges. This is also in conformity with the preference of both parties.
2. Division
Local Division the Hague
3. UPC number
UPC_CFI_239/2023
4. Type of proceedings
Infringement Action/Counterclaim for revocation
5. Parties
Applicant: Plant-e Knowledge B.V.; Plant-e B.V.
Respondent: Arkyne Technologies S.L.
6. Patent(s)
EP 2137782
7. Body of legislation / Rules
Rule 9 RoP; Art. 33 UPCA; Rule 37 RoP
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