ARTICLE
12 March 2025

CD Munich, February 28, 2025, Order, UPC_829/2024

BP
Bardehle Pagenberg

Contributor

BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
The revocation action was initiated by the defendant against the original claimant (Virdia Inc.).
Germany Intellectual Property

Key takeaways

Revocation action initiation (R. 42 RoP)

The revocation action was initiated by the defendant against the original claimant (Virdia Inc.).

Application for substitution of parties (R. 305 RoP)

The original claimant (Virdia inc.) applied to substitute the party with the new patent proprietor International N&H Denmark ApS.

This is supported by a 2024 patent assignment transferring ownership of the patent in suit.

Admissibility & grounds of substitution (R. 42, 305.1(c), 8.5, 8.6 RoP)

The application for substitution was found admissible and well-founded.

It ensures the revocation action is against the correct party, the actual proprietor.

Division

Central Division Munich

UPC number

UPC_829/2024

Type of proceedings

Revication Action

Parties

UPM-Kymmene Oyj

vs.

Virdia Inc. (original)
International N&H Denmark ApS (substituted)

Patent(s)

EP 2 611 800

Jurisdictions

Unified Patent Court

Body of legislation / Rules

R. 8.5 RoP, R. 8.6 RoP, R. 42 RoP, R. 305 RoP, R. 306 RoP

self

2025-02-28-CD_Munich-UPC_8292024 Download

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.

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