News & Analysis as of

Statement of Claim Intellectual Property Protection

A&O Shearman

First UPC Court of Appeal decision defines the time limit for filing a Preliminary objection or Statement of defence

A&O Shearman on

On 16 October 2023, the UPC Court of Appeal issued its first ever decision and addressed two interesting procedural issues resulting from the situation where a Statement of claim is served without the documents it refers to...more

Hogan Lovells

CJEU: Interruption of the forfeiture period only in the case of serious legal action

Hogan Lovells on

Trademark proceedings concerning the rights to the trade name and trademark "HEITEC" were brought before the German Federal Court of Justice (BGH), which in turn referred four questions to the CJEU for a preliminary ruling....more

Smart & Biggar

Plaintiff cannot amend Statement of Claim more than 45 days after receipt of NOAs to plead infringement of further patents.

Smart & Biggar on

On May 5, 2021, the Federal Court dismissed a motion by Biomarin Pharmaceutical Inc (Biomarin) to amend its Statement of Claim to allege infringement of two patents that had not been asserted within the 45-day deadline...more

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