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LD Munich, August 17, 2026, Decision On Conditional Counterclaims For Revocation And Cost Allocation, UPC_CFI_492/2025, UPC_CFI_1309/2025
A Munich Local Division ruling addresses whether a counterclaim for patent revocation that transitions from unconditional to conditional status—dependent on a finding of infringement—remains subject to unconditional limitation requirements under Rule 263.3 of the Rules of Procedure. The case involves Papst Licensing's infringement action against Roborock entities concerning EP 3 030 943, with implications for procedural strategy in UPC patent disputes.
Germany Litigation
BP
Bardehle Pagenberg
Article
Incongruent Coverage (Section 131 Inso) – When Payments Made Under Pressure Backfire
German insolvency law's principle of equal creditor treatment faces a critical challenge through Section 131 of the Insolvency Code, which addresses "incongruent coverage" - situations where creditors receive security or satisfaction they weren't entitled to receive, or not in that form or timing. The practical stakes are substantial: within the last month before insolvency filing, objective incongruence alone suffices for avoidance actions, with no requirement to prove the creditor's knowledge of the debto
Germany Insolvency
MB
Mayer Brown
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