BMW v ITCiCo (UPC_CFI_412/2023)
Decision date:
16 September 2024
Osborne Clarke summary
- ITCiCo's patent was revoked for lack of inventive step in a decision by default.
- Under Rule 335 RoP, a decision may be given by default against a defendant where: (i) a request is submitted by the claimant; (ii) the defendant fails to take a step within the time limits in the RoP (or set by the court), or a party that is duly summoned by the court fails to appear at an oral hearing, or the time limit for the defence to the claim to be filed has elapsed and therefore it was established that the claim was served in sufficient time for the defendant to put in a defence; and (iii) the facts put forward by the claimant justify the remedy sought and the procedural conduct of the defendant does not preclude giving the decision.
- In this case, the grounds of invalidity raised by BMW were held to be "well founded" and a decision by default was awarded. In considering the decision, the Paris CD reminded that it is one of the aims of the UPCA and the legal framework of the UPC to provide expeditious decisions and that defendants are provided with appropriate tools to provide a justification for the default and to appeal the decision where it is unfavourable.
Issue
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