2024-02-15 - LD The Hague - Plant-e Knowledge v. Arkyne Technologies - UPC_CFI_239/2023
- Aktenzeichen:
- UPC_CFI_239/2023
- Datum:
- Spruchkörper:
- Court of First Instance - The Hague (NL) Local Division
- Art:
- Order
- Parteien:
- Plant-e B.V., Plant-e Knowledge B.V. v. Arkyne Technologies S.L.
Kernaussage: R.
2024-02-15 - LD The Hague - Plant-e Knowledge
v.
Arkyne Technologies - UPC_CFI_239/2023
R.37.2 RoP order on the Application of Art. 33(3)(a) UPCA. The panel proceeds with both the infringement action and the counterclaim for revocation. This is also the parties' preference. Appointment of TQJ requested.
routine
The Hague Local Division declined to bifurcate and elected under Art. 33(3)(a) UPCA to hear both the infringement action and Bioo's counterclaim for revocation jointly. The panel reasoned that joint adjudication serves procedural expediency, avoids delay associated with bifurcation, and allows a single panel to apply a uniform interpretation of the patent to both validity and infringement. Both parties had expressed a preference for joint hearing. The order also notes that a technically qualified judge has been requested under R. 37.3 RoP. The decision was taken before closure of the written procedure for practical reasons, relying on R. 37.2 RoP.
Stichwörter
Application of Art. 33(3)(a) UPCA