ARTICLE
15 January 2025

CoA, December 23, 2024, Oder Concerning An Application For A Discretionary Review (Rule 220.3 RoP)

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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.
An unconditional application to reduce the amount of damages claimed shall be considered as an unconditional application under Rule 263.3 RoP.
Germany Litigation, Mediation & Arbitration

1. Key takeaways

Unconditional right to limit claims for damages (R. 263.3 RoP)

  • An unconditional application to reduce the amount of damages claimed shall be considered as an unconditional application under Rule 263.3 RoP.
  • Leave to limit a claim in an action unconditionally shall always be granted.

Procedure for determining the value of the action (R. 22, 104, and 370.6 RoP)

  • The judge-rapporteur is responsible for determining the value of the action during the interim procedure.
  • This determination must reflect the objective interest pursued by the filing party at the time of filing the action.

2. Division

Court of Appeal

3. UPC number

UPC_CoA_826/2024

4. Type of proceedings

Request for discretionary review pursuant to Rule 220.3 RoP

5. Parties

  • Applicant and Defendant in the main proceedings: Microsoft Corporation
  • Respondent and Claimant in the main proceedings: Suinno Mobile & AI Technologies Licensing Oy

6. Patent

EP 2 671 173

7. Jurisdictions

Unified Patent Court

8. Body of legislation / Rules

  • Rule 263.3 RoP
  • Rule 220.3 RoP
  • Rules 22, 104, and 370.6 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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