Tag: CMS

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UPC updates

The epi’s podcast episode INSIGHT epi UPC Case Law – Episode 3 provides interesting updates on UPC-related developments. The following aspects were particularly interesting to me:

First, as highlighted by one of the presenters (who reported on his first-hand experience when filing a request for file inspection with the Nordic-Baltic RD), the jurisprudence of the divisions appears to be influenced by the judge’s national legal background. This might be one of the reasons as to why the first file inspection request with the Nordic-Baltic RD was more successful than the two concurrently pending file inspection requests that were filed by others with the CD Munich.

Second, the CMS appears to be structured such that it cannot cope with some procedural situations. With regard to file inspections, CMS did not appear to work properly for patentee’s appeal against the RD’s decision to grant access to (a redacted version of) the pleadings.

As always, I can only recommend listening to this episode of INSIGHT epi.

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UPC Case Management System (CMS)

At present (mid-May 2023), the UPC CMS appears to have difficulties handling the number of opt-out requests that are being submitted. This does not appear to be a great start for the new system:

First, while the number of opt-out requests appears to be substantial (and appears to grow significantly as June 2023 approaches), this type of request does normally not involve significant data amounts. This leaves one wondering how well equipped the CMS is to handle the potentially simultaneous submission of several voluminous briefs in UPC field operation from June 2023.

Second, the number of opt-out requests appears to illustrate that there are many applicants and patentees who, at least as of now, are not yet convinced by the new system.

On the bright side, applicants and patentees appear to be aware of the options provided by the new system, and appear to pro-actively take the steps they deem appropriate for their patent portfolio.