2026-09-28 - CoA - Keysight Technologies v. Centripetal - UPC-COA-0000126/2026
- Aktenzeichen:
- UPC-COA-0000126/2026
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Order
- Parteien:
- Keysight Technologies, Inc., Keysight Technologies Deutschland GmbH v. Centripetal Limited
Kernaussage: The Court of Appeal granted a conditional counterclaimant's application under R.
2026-09-28 - CoA - Keysight Technologies
v.
Centripetal - UPC-COA-0000126/2026
notable
The Court of Appeal granted a conditional counterclaimant's application under R. 320 RoP to re-establish its right to appeal a Local Division decision that, having found no infringement, did not decide the counterclaim for revocation made conditional on a finding of infringement. Following its orders in Emboline v. AorticLab (16 July and 17 August 2026), the Court held that before the 16 July 2026 clarification the counterclaimant could not reasonably be expected to lodge an appeal whose admissibility was uncertain under the 'adversely affected' requirement of R. 220.1 RoP, so the missed R. 224 RoP time limits were outside its control despite due care. The application was admissible because it was filed within the R. 320.2 RoP periods and accompanied by the omitted appeal statements (R. 320.4 RoP). Affidavit evidence under R. 320.3(b) RoP was not required because the relevant facts were undisputed. The Statement of response keeps the regular three-month period under R. 235.1 RoP; the Court neither shortened it, given the respondent's objection, nor extended it, since no reasons were given.