LD Hamburg, 4 June 2024, Procedural Order Of The Court Of First Instance, UPC_CFI_54/2023

BP
Bardehle Pagenberg

Contributor

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.
In relation to the proprietor of a European patent there is a rebuttable presumption pursuant to R. 5(a) and (c) that the person shown in the patent register is the actual proprietor...
Germany Intellectual Property
To print this article, all you need is to be registered or login on Mondaq.com.

1. Key takeaways

In relation to the proprietor of a European patent there is a rebuttable presumption pursuant to R. 5(a) and (c) that the person shown in the patent register is the actual proprietor of the patent

Nevertheless, the person shown in the register can be ordered to produce evidence according to R. 190 RoP in order to demonstrate their standing to sue

The power of authorization for the assignment of the patent-in-suit was challenged by the defendants. Even if the defendants have not been able to provide any tangible evidence regarding the lack of authorization, the court asked the plaintiff to provide further evidence in this regard. Since the defendants are completely excluded from the decision-making process within the company and group of the plaintiff, they must be entitled to be provided with those resolutions to which the plaintiff referred to in the proceedings themselves.

2. Division

Local Division Hamburg

3. UPC number

UPC_CFI_54/2023

4. Type of proceedings

Infringement action and Counterclaim for revocation

5. Parties

Claimant: Avago Technologies International Sales Pte. Limited (Singapore, SG)

Defendant:

  • Tesla Germany GmbH (Berlin, DE),
  • Tesla Manufacturing Brandenburg SE (Grünheide (Mark), DE)

6. Patent(s)

EP 1 612 910

7. Body of legislation / Rules

R. 190 RoP

To view the full article, click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More