ARTICLE
17 September 2024

Court Of Appeal, September 6, 2024, Procedural Order, UPC_CoA_489/2024, ORD_48358/2024

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Bardehle Pagenberg

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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.
Applicant failed to demonstrate that a review of the impugned order is necessary to ensure a consistent application and interpretation of the RoP (point 8 of the Preamble of the RoP) or any other objective...
Luxembourg Litigation, Mediation & Arbitration

1. Key takeaways

Applicant failed to demonstrate that a review of the impugned order is necessary to ensure a consistent application and interpretation of the RoP (point 8 of the Preamble of the RoP) or any other objective of the discretionary review procedure. Its contention that the impugned order is incorrect and does not provide a detailed interpretation and subsumption that would allow a generalization of the decision, is not sufficient.

2. Division

Court of Appeal Luxembourg

3. UPC number

UPC_CoA_489/2024, ORD_48358/2024, APL_47300/2024

4. Type of proceedings

Request for a discretionary review, R. 220.3 RoP

5. Parties

Claimant (and Applicant): Motorola Mobility LLC

Defendant (and Respondent): 1. Telefonaktiebolaget LM Ericsson, 2. Ericsson GmbH

6. Patent(s)

EP 3 342 086

7. Jurisdictions

Place jurisdictions

8. Body of legislation / Rules

R. 220.3 RoP

2024-06-06-UPC_CoA_489-2024
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