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1 minute Martini Manna
IP preliminary injunctions after the CJEU: does the deadline for bringing proceedings on the merits run while the appeal against the PI is pending?
The Court of Milan clarifies that, where the defendant’s appeal against an IP preliminary injunction is still pending, the deadline to bring proceedings on the merits starts running only after the appeal proceedings have been concluded.
UPC Paris LD issues merits decision on infringement and revocation in DexCom v. Abbott
The decision was issued in 12 months and revoked the DexCom patent, dismissing its infringement claim. The decision is now effective in the 17 EU Member States that have ratified the UPC Agreement; it may however be appealed.
UPC: the Paris CD on the notion of "same parties"
The court elaborated on when two parties are to be considered the “same parties” under Article 33 UPCA, based on which, if an action for infringement between the same parties relating to the same patent has been brought before a local or a regional division, the revocation action may only be brought before the same local or regional division.