1. Key takeaways
Decision by default
According to R. 355.2 RoP, a decision by default against the defendant may only be given where 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. In view of this, LD The Hague stated that it must assess whether the facts are sufficiently substantiated by evidence and whether the requested measures and orders are not prima facie unlawful or unfounded, i.e. the patent in question is not obviously invalid and that the allegedly infringing product is not obviously outside of the scope of the patent.
In addition, R.277 RoP specifies that no decision by default shall be issued unless the Court is satisfied that either (a) the Statement of Claim was served by a method prescribed by the internal law of the state addressed for the service of documents in domestic actions upon persons who are within its territory; or (b) the Statement of Claim was actually served on the defendant under Chapter 2 of the RoP.
2. Division
LD The Hague
3. UPC number
UPC_CFI_499/2024, ACT_48877/2024
4. Type of proceedings
Infringement action
5. Parties
Claimant: Amycel LLC
Defendant: not known
6. Patent(s)
EP 1 993 350 B2
7. Body of legislation / Rules
R. 277 RoP, R. 355 RoP
20251021 LD The Hague UPC_CFI_499-2024 Default Decision final
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