A guide to the UPC and the UP - Flipbook - Page 221
– An indication of the division which shall hear the action 63 with an explanation of why that
division has competence and where the parties have agreed the division of their choice in
accordance with art.33(7) UPCA, evidence of the defendant’s agreement; 64
– Where applicable, an indication that the action shall be heard by a single judge, 65
accompanied by evidence of the defendant’s agreement; 66
– The nature of the claim, the order or the remedy sought by the claimant; 67
– An indication of the facts relied on, in particular: 68
– One or more instances of alleged infringements or threatened infringements specifying
the date and place of each; 69
– The identification of the patent claims alleged to be infringed; 70
– The evidence relied on, 71 where available, and an indication of any further evidence which
will be offered in support; 72
– The reasons why the facts relied on constitute an infringement of the patent claims,
including arguments of law and where appropriate an explanation of the proposed
claim interpretation; 73
– An indication of any order the claimant will seek during the interim procedure; 74
– Where the claimant assesses that the value of the infringement action exceeds €500,000,
an indication of the value; 75 and
– A list of the documents, including any witness statements, referred to in the SoC, together
with any request that all or part of any such document need not be translated and any
request that the documents be kept confidential (both as regards the public and/or the
other party) pursuant to rr.262(1) RoP and/or 262A(1) respectively. 76
12-35 The claimant is required at the same time to supply a copy of each of the documents referred
to in the SoC.
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art.33 UPCA. See paragraph 12-31.
r.13(1)(i) RoP.
art.8(7) UPCA.
r.13(1)(j) RoP.
r.13(1)(k) RoP.
r.13(1)(l) RoP.
r.13(1)(l)(i) RoP.
r.13(1)(l)(ii) RoP.
r.170(1) RoP.
r.13(1)(m) RoP.
r.13(1)(n) RoP.
r.13(1)(o) RoP. R.104(e) RoP states that the interim conference enables the judge-rapporteur to make orders regarding
production of further pleadings, documents, experts (including court experts), experiment, inspections, further written
evidence, the matters to be the subject of oral evidence and the scope of the questions to be put to the witnesses.
r.13(1)(p) RoP.
r.13(1)(q) RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 211
