1. Key takeaways
Requirements of a decision by default
Pursuant to Rule 355 RoP a decision by default against the defendant may be granted where:
- the relevant request is submitted by the claimant;
- the defendant fails to take a step within the time limit foreseen in the Rules of Procedure or set by the Court, or the party which was duly summoned fails to appear at an oral hearing, or the time limit for the defence to the claim has expired and thus, it is established that the service of the claim was effected in sufficient time to enable the defendant to enter a defence; and
- the facts put forward by the claimant justify the remedy sought and the procedural conduct of the defendant does not preclude to give such decision.
Descretion by the Court to issue default decision
Following the conditions set out in Rule 335 RoP, it is at the discretion of the Court whether to issue a decision by default or not. In carrying out this assessment, the Court has to consider that expeditious decisions are one of the aims of the Unified Patent Court Agreement and that the legal framework of the UPC provides the defendant with appropriate tools to provide justification for the default and to appeal the decision where unfavourable.
2. Division
CD Paris
3. UPC number
UPC_CFI_412/2023
4. Type of proceedings
Revocation Action
5. Parties
Claimant: Bayerische Motoren Werke Aktiengesellschaft
Defendant: ITCiCo Spain S.L.
6. Patent(s)
EP 2 796 333
7. Body of legislation / Rules
Rule 355 RoP
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guide to the subject matter. Specialist advice should be sought
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