2025-05-16 - LD Hamburg - Vitalaire et al. v. Tandem Diabetes et al. - UPC_CFI_325/2024
- Aktenzeichen:
- UPC_CFI_325/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Hamburg (DE) Local Division
- Art:
- Order
- Parteien:
- VitalAire GmbH v. F.Hoffmann-La Roche AG
Kernaussage: The judge-rapporteur of the Hamburg Local Division exercised the discretion under Art.
2025-05-16 - LD Hamburg - Vitalaire et al.
v.
Tandem Diabetes et al. - UPC_CFI_325/2024
routine
The judge-rapporteur of the Hamburg Local Division exercised the discretion under Art. 33(3)(a) UPCA to hear the infringement action and the counterclaim for revocation together, rather than referring the counterclaim to the Central Division. The order gives two reasons: procedural efficiency, and the substantive advantage that legal status and infringement are then decided by the same panel in the same composition on a single, uniform claim interpretation. The counterclaimant had itself proposed this course and all parties agreed in written statements. In the same order the judge-rapporteur declined to hold an interim conference under Rule 101 RoP, holding that no need was apparent because every point at issue can be dealt with at the oral hearing.