1 Key takeaways
Parallel national action
The Court must examine its international jurisdiction of its own motion when this is required under Union law.
Pursuant to Art. 30 of the Brussels I recast Regulation, the UPC may stay proceedings (based on its discretionary power) where a related action is pending in a national court.
Admissibility of auxiliary requests
Under the front-loaded system of UPC proceedings, parties are under an obligation to set out their full case as early as possible. Permission for subsequent request to amend under Rule 50.2 RoP in connection with Rule 30.2 RoP is not given when the auxiliary request could and should have been filed earlier.
Novelty
The assessment of novelty within the meaning of Art. 54 (1) EPC requires the determination of the whole content of the prior publication. It is decisive whether the subject-matter of the claim with all its features is directly and unambiguously disclosed in the prior art citation.
2 Division
CD Munich
3 UPC number
UPC_CFI_252/2023, ORD_598480/2023, ACT_551180/2023
4 Type of proceedings
Revocation Action
5 Parties
NanoString Technologies Europe Limited, Bristol – GB (Claimant)
President and Fellows of Harvard College, Cambridge, MA – US
6 Patent(s)
EP 2 794 928 B1
7 Jurisdictions
Unified Patent Court and German Federal Court of Justice (BGH)
8 Body of legislation / Rules
Art. 30 of the Brussels I recast Regulation
Rule 50.2 RoP, Rule 30.2 RoP
Art. 54(1) EPC
CD_Munich_UPC_CFI_2522023_ORD_5984802023_ACT_5511802023
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.
