INSTRUMENTS, MECHANICAL ENGINEERING — European UPC Patent Cases
5 decisions indexed
Page 1 of 1 · 5 total
ITCiCo Spain S.L. v.Bayerische Motoren Werke Aktiengesellschaft
This UPC decision addresses a cost application filed by Bayerische Motoren Werke Aktiengesellschaft following a revocation action that resulted in a default judgment against them. The court ruled that the procedural step of seeking to set aside the default judgment is an internal remedy and cannot independently generate a costs award. Instead, the costs associated with this specific procedural challenge must be integrated into the cost assessment of the main proceedings (the original revocation action). This ruling clarifies the scope of cost claims in UPC procedures involving interlocutory remedies.
ITCiCo Spain S.L. v.Bayerische Motoren Werke Aktiengesellschaft
This UPC decision addresses a procedural dispute regarding cost allocation following a default judgment in a revocation action. The applicant sought to recover costs related to their attempt to set aside the initial default ruling. The Court ruled that because setting aside a default is an internal procedural remedy, these specific costs should not be determined separately but must be integrated into the final cost assessment of the main proceedings.
Bayerische Motoren Werke Aktiengesellschaft v.ITCiCo Spain S.L.
This UPC decision addresses procedural applications concerning rectification and cost allocation following a decision by default. The court established strict criteria for rectifying judicial orders, emphasizing that such corrections must be limited to clear clerical errors or obvious slips, not substantive omissions like the failure to address costs. Furthermore, the panel ruled that an application to set aside a decision by default is an internal procedural remedy and does not require its own merits-based cost determination. The costs incurred in this phase must instead be assessed within the main proceedings.
ITCiCo Spain S.L. v.Bayerische Motoren Werke Aktiengesellschaft
This UPC decision addresses a procedural application filed by ITCiCo Spain S.L. seeking to overturn a default judgment in a revocation action against Bayerische Motoren Werke Aktiengesellschaft. The core issue was whether the claimant provided sufficient justification for missing critical deadlines. The Court ruled that merely explaining the delay is insufficient; the applicant must prove the failure was caused by unforeseeable circumstances or force majeure, thereby reinforcing strict procedural compliance within the UPC system.
ITCiCo Spain S.L. v.Bayerische Motoren Werke Aktiengesellschaft
In a procedural matter concerning a revocation action, the UPC Central Division denied an application by ITCiCo Spain S.L. seeking an extension of time to file its statement of defence against Bayerische Motoren Werke AG. The court strictly applied the principles governing discretionary extensions, requiring objective impossibility rather than subjective difficulties like illness or technical access issues. This decision reinforces the strict nature of procedural deadlines within the UPC framework.
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