2026-07-22 - CoA - Advanced Brain Monitoring v. Philips et al. - UPC-COA-0000064/2026
- Aktenzeichen:
- UPC-COA-0000064/2026
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Order
- Parteien:
- Advanced Brain Monitoring, Inc. v. Respironics Deutschland GmbH & Co. KG, Koninklijke Philips N.V., Philips RS North America LLC
Kernaussage: In a pending appeal against a decision of The Hague Local Division that revoked the patent and dismissed the infringement action, the appellant filed eleven additional auxiliary requests together with its statements of grounds of appeal, invoking Art.
2026-07-22 - CoA - Advanced Brain Monitoring
v.
Philips et al. - UPC-COA-0000064/2026
notable
In a pending appeal against a decision of The Hague Local Division that revoked the patent and dismissed the infringement action, the appellant filed eleven additional auxiliary requests together with its statements of grounds of appeal, invoking Art. 73(4) UPCA and R. 222.2 RoP. The respondents asked the Court of Appeal to determine as a preliminary matter that those requests had not been validly introduced and, failing that, to set their response deadline at three months from any such decision. The judge-rapporteur refused both. Whether new auxiliary requests satisfy Art. 73(4) UPCA and R. 222.2 RoP is closely bound up with the procedural history, the content of the impugned decision, the appellant's reasons for filing only on appeal, and whether the requests could reasonably have been filed at first instance — questions better assessed with the appeal as a whole. The order states the general practice: admissibility of new facts, evidence, prior-art documents or procedural requests is ordinarily dealt with in the context of the appeal as a whole and is not normally determined separately in advance, unless particular circumstances make that necessary; none were shown here. Because the auxiliary requests were served with the grounds of appeal and their content is fully known, the respondents can address both admissibility and substance in their statement of response without any extension.