In a significant recent move, the Unified Patent Court’s Central Division has dismissed a preliminary objection during its first oral hearing. The hearing took place following the filing of a revocation action in the Central Division, while a parallel infringement action was filed in a local division.
The case in question pertains directly to stipulations laid out in Art. 33(4) of the Unified Patent Court Agreement (UPCA). This article states that revocation actions and declaratory of non-infringement (DNI) actions must be filed with the Central Division, with an exception granted only when an infringement action is occurring between the same parties.
The Central Division’s decision sets a precedent for the timing and admissibility of such filings. It establishes that a revocation action can be filed at the Central Division even when a parallel infringement action is underway at a local division.
The hearing was brief, wrapping up in half an hour, and it marked a crucial moment in the operationalization of Art 33(4). The swift decision not only elucidates the scope and interpretation of the UPCA, but it also reflects the Central Division’s commitment to timely, precise legal judgments.
As noted by leading law firm Allen & Overy LLP, this case underscores the need for parties involved in similar future incidents to be aware of their right to file revocation actions at the central division, regardless of ongoing parallel infringement actions in another division.
Savvy corporations and legal professionals alike will do well to keep an eye on similar decisions coming from the Central Division of the Unified Patent Court, as these will continue to shape the landscape of patent litigation in the European Union.
The complete details of this case are available for you to explore in depth on JDSupra.