1. Key takeaways
LD Munich competent to hear an infringement action, although appeal before the Court of Appeal is pending between the same parties regarding an action for provisional measures based on the same patent that was filed in first instance with the LD Düsseldorf
A case is not "pending before a division of the Court of First Instance" pursuant to Art. 33(2) UPCA, if it is pending in the appeal instance. It is pending before the Court of Appeal if the appeal was filed there.
2. Division
LD Munich
3. UPC number
UPC_CFI_714/2024, App_67626/2024, ORD_68717/2024
4. Type of proceedings
Preliminary objection
5. Parties
Claimant: biolitec Holding GmbH & Co. KG
Defendants: 1. Light Guide Optics Germany GmbH, 2. S.I.A. LIGHTGUIDE International
6. Patent(s)
EP 3 685 783
7. Jurisdictions
Place jurisdictions
8. Body of legislation / Rules
Art. 33(2) UPCA
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.
