Luxembourg: Litigation, Mediation & Arbitration

The UPC Court of Appeal Luxembourg addresses critical questions about patent amendment admissibility, claim construction methodology, and jurisdictional boundaries in cross-border infringement cases. This decision clarifies the standard of review for patent amendments under Rule 30.1 RoP and establishes important precedent on burden of proof requirements when alleging infringement in non-UPCA member states like Poland.

The Court of Appeal of the Unified Patent Court recently issued a decision examining whether omitting an elastomeric sealing member from a patent claim constitutes added matter, applying the EPO's "gold standard" test while emphasizing the importance of functional and structural relationships between features. The ruling provides crucial insight into how the UPC approaches intermediate generalizations and whether its methodology differs from the notoriously strict EPO practice on added subject-matter.

The Court of Appeal of the Unified Patent Court addresses the procedural requirements for obtaining suspensive effect when filing an application for rehearing under Article 81(2) UPCA. The decision clarifies that suspensive effect is not automatic and requires independent substantiation beyond the grounds for rehearing itself, with applicants needing to demonstrate concrete, irreparable prejudice to justify departure from the default rule of continued enforceability.

The UPC Court of Appeal Luxembourg addresses critical questions about patent amendment admissibility, claim construction methodology, and jurisdictional boundaries in cross-border infringement cases. This decision clarifies the standard of review for patent amendments under Rule 30.1 RoP and establishes important precedent on burden of proof requirements when alleging infringement in non-UPCA member states like Poland.

The Court of Appeal of the Unified Patent Court recently issued a decision examining whether omitting an elastomeric sealing member from a patent claim constitutes added matter, applying the EPO's "gold standard" test while emphasizing the importance of functional and structural relationships between features. The ruling provides crucial insight into how the UPC approaches intermediate generalizations and whether its methodology differs from the notoriously strict EPO practice on added subject-matter.

The Court of Appeal of the Unified Patent Court addresses the procedural requirements for obtaining suspensive effect when filing an application for rehearing under Article 81(2) UPCA. The decision clarifies that suspensive effect is not automatic and requires independent substantiation beyond the grounds for rehearing itself, with applicants needing to demonstrate concrete, irreparable prejudice to justify departure from the default rule of continued enforceability.

An order to preserve evidence pursuant to Art. 60 UPCA also allows for the seizure of promotional and commercial documents (potentially) proving infringing activities and is not limited to documents concerning the technical details of the product or process in question.

Cost apportionment where success is achieved on only one of several patents at issue: The unsuccessful party may be ordered to bear costs specifically attributable to “its” patent (Art. 69(2) UPCA)

R. 222.2 RoP only allows the Court of Appeal to disregard new facts and evidence, not new legal arguments. Since claim construction is a question of law, the appellant could challenge the first instance’s claim interpretation by raising a new legal argument on appeal.

On March 23, 2023, the Luxembourg Parliament approved a significant reform that modernises the Luxembourg arbitration law, with changes incorporated into the New Code of Civil Procedure.

Luther Lawfirm's legal professionals Aurélien Latouche and Valérie Flaus are featured on this page, which includes their professional profiles and contact information. The page also contains standard cookie policy information regarding the website's use of cookies for personalization, social media features, and analytics purposes.

On 1 July 2025, the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the "Hague 2019 Convention") will enter into force in the United Kingdom.