Two recent orders (UPC_CFI_210/2023 of 27 June and UPC_CFI_219/2023 of 4 July) by the Mannheim Local Division have seen Chairman Judge-Rapporteur Dr Tochtermann setting a promising example in his use of case management powers.
In the orders, both of which concern plaintiff Panasonic's European Patent No. EP2568724, JR Tochtermann set out an early analysis of the issues viewed as likely to be key in the two infringement cases. In particular, he analyzed the key technical issues for which interpretation would be required to assess infringement, assessed the prior art on which the invalidity counterclaim relied and gave a preliminary analysis of its relevance. Moreover, in UPC_CFI_210/2023 he gave an additional analysis of potential issues for consideration in the FRAND counterclaim.
Dr Tochtermann concluded both orders by inviting the parties to comment on the points raised within their submissions for the remainder of the written procedure. By indicating the points considered critical for the progress of these two cases, he sought to streamline proceedings. Receiving this type of early indications of issues and concerns considered to be important to the court will enable parties to focus their submissions appropriately, thereby streamlining their submissions and with that, the proceedings overall. We are hopeful that this practice will be adopted more widely in the other divisions.
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