Advanced Bionics v Med-El (UPC_CoA_106/2024)
Decision date:
05 September 2024
Osborne Clarke summary
- Advanced Bionics' preliminary request to refer the infringement action to the Paris CD to be heard alongside the revocation action was rejected by the court.
- A connected joinder pursuant to Rule 340 RoP cannot result in the referral of an action to another division of the Court of First Instance beyond what is provided for in Article 33 UPCA (that is, an infringement action cannot be referred from an LD to the CD without the agreement of the parties involved).
Issue
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