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.