LD The Hague, 15 February 2024, R.9 Order On The Application Of Art. 33(3) UPCA, UPC_CFI_239/2023

• Published date: 27 March 2024
• Law Firm: Bardehle Pagenberg
• Author: Dr. Ronja M. Schregle

1. Key takeaways

No bifurcation of infringement action and counterclaim for revocation (as unanimously requested by the parties)

A joint hearing of the infringement action and the counterclaim seems to be appropriate in particular for reasons of procedural expediency and avoids the risk of delay that might be involved with bifurcating. It is also preferable because it allows both issues - validity and infringement - to be decided on the basis of a uniform interpretation of the patent by the samepanel...