LD The Hague, February 15, 2024, Procedural Order, UPC_CFI_239/2023

• Published date: 12 March 2024
• Law Firm: Bardehle Pagenberg
• Author: Wolfgang Flasche and Georg Anetsberger

1. Key takeaways

Decision against bifurcation before closure of written procedure

The Local Division The Hague decided to hear both the infringement action and the counterclaim for revocation (Art. 33(3)(a) UPCA) and not to bifurcate. This desicsion was taken before the closure of the written procedure (R. 37.2 RoP) for practical reasons. The decision was in conformity with the preferences of both parties. A joint hearing of the infringement action and the counterclaim was considered to be appropriate in particular for reasons of procedural expediency and avoiding the risk of delay that might be involved with bifurcating. The decision also found it preferable because it allows both issues - validity and infringement - to be decided on the basis of a uniform interpretation of the patent by the same...