Germany: Patent

Foreseeable professional commitments and school holidays do not amount to “exceptional circumstances” under R. 9.3(a) RoP

Alternative service under R. 275.2 RoP may be ordered once formal service attempts fail for reasons attributable to the defendant, provided it is not contrary to the law of the state of service (R. 275.4 RoP)

No leave to appeal re. application for re-establishement of rights

Digital simulations cannot replace direct examination of the attacked products to prove non-infringement

The Court confirmed its broad case-management discretion to prevent additional written submissions at a late stage, consistent with the RoP’s objective of efficient, front-loaded proceedings. An appellant’s request to disregard a witness statement and related submissions as late-filed, or alternatively to obtain leave for a further written submission, was dismissed.

Even if the defendant has filed the counterclaim for revocation only conditionally, the defendant may still file an appeal

A Munich Local Division ruling addresses whether a counterclaim for patent revocation that transitions from unconditional to conditional status—dependent on a finding of infringement—remains subject to unconditional limitation requirements under Rule 263.3 of the Rules of Procedure. The case involves Papst Licensing's infringement action against Roborock entities concerning EP 3 030 943, with implications for procedural strategy in UPC patent disputes.

The UPC Court of Appeal has issued its first comprehensive guidance on handling infringement claims based on non-UPC patent designations, establishing a structured framework for exercising extra-territorial jurisdiction. This landmark decision clarifies when the UPC will accept jurisdiction over foreign patent designations and under what conditions it will rule on infringement, with significant implications for patent holders and multinational defendants operating across European borders.

The Hamburg Local Division of the Unified Patent Court addresses an application for provisional measures in patent infringement proceedings involving a European patent related to child safety products. The case involves Cybex GmbH seeking interim relief against NUNA International B.V. and Allison GmbH under the Rules of Procedure governing urgent patent disputes.