ARTICLE
29 April 2025

CD Munich, April 18, 2025, Generic Order, UPC_CFI_526/2024

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.
To ascertain what constitutes a reasonable number of auxiliary requests, several factors are to be considered: the complexity of the technology involved...
Germany Intellectual Property

1. Key takeaways

Reasonable number of auxiliary requests

To ascertain what constitutes a reasonable number of auxiliary requests, several factors are to be considered: the complexity of the technology involved, the number of prior art documents, the individual validity attacks and the presentation and structure of the auxiliary requests.

It is not relevant whether there are multiple proceedings in relation to the patent in suit or proceedings in other patents of the same family, whether different bodies are making decisions or whether the claims encompass a large number of features.

While the RoP do not provide a sanction in case of an unreasonable number of auxiliary requests, the court intends to deal with the auxiliary requests in order up to a reasonable number.

The court will likely consider up to 10 auxiliary requests as a reasonable number.

New attack in Reply

When an additional attack is included after the Statement of revocation, it is necessary to explain why the additional attack could not have reasonably be included initially. A brief and generic explanation of the attack´s relevance is not such an explanation. If no reasons are presented or are apparent as to why the new arguments were not and could not reasonably have been introduced earlier, the additional attack will be disregarded.

2. Division

CD Munich

3. UPC number

UPC_CFI_526/2024

4. Type of proceedings

Revocation action

5. Parties

Claimant: Kunststoff KG Nehl & Co.

Defendant: Häfele SE & Co. KG

6. Patent(s)

European patent EP 3 767 151

7. Body of legislation / Rules

Rule 50.2 RoP in connection with 30.1 and 30.2 RoP, Article 65(3) UPCA, Rule 9.2 RoP, point 7 Preamble RoP

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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