LISBON LOCAL DIVISION Law and Practice Contributed by: Joana Piriquito Santos, Beatriz Lima and Sara Nazaré, NLP
4.3 Third-Party Access to Documents The Lisbon Local Division has received one request for third-party access to documents
of the applicant”, having had to resort to “the date of the alleged infringement” and not on the knowledge of it for the assessment of this requirement. • The applicant had filed for auxiliary requests for the amendment of the patent claims. Despite not substantively addressing such request, the court noted that auxiliary requests are inadmissible in preliminary injunction proceedings. As mentioned in 2.3 Case Classification , in rela- tion to the same patent, there was an application for a cost decision under Rule 151 of the RoP. • In the context of an application for a costs decision, the court had to take a stance on the admissibility of the request for reimburse - ment of costs in proceedings for provisional measures where preliminary injunctions are rejected. The court concluded that it does not need to be requested as an interim award following an order or in an application for a costs decision once a decision on the merits is rendered, despite the literal interpretation of Rule of 150 of the RoP. The court ordered the reimbursement of the representatives’ travel costs only to avoid a risk of double assess - ment of costs (vis-à-vis the main infringe - ment/damages action, brought in the mean - time). See also 5.3 Costs Awards . Boehringer v Zentiva In an application for provisional measures, the defendant raised an argument of lack of jurisdic - tion. Ultimately, the court of first instance found that the UPC had jurisdiction under Articles 31 and 32.1 (a)(c) of the UPCA.
(under Rule 262.1 (b) of the RoP). 4.4 Pending Procedural Issues
No procedural issues are currently pending in the Lisbon Local Division. As there are pending cases, this can change soon. 4.5 Influence of Prior Local Practice on Procedural Issues No witnesses have been heard so far in the Lis - bon Local Division, despite it being very typical in the patent proceedings before the Portuguese IP Court. Until now, no behaviour from the court suggests any influence from the local practice. 4.6 Court of Appeal Procedural Jurisprudence No information is available for this jurisdiction. 5. Economic Issues and Remedies 5.1 Case Value and Court Fees Proceedings for the application of provisional measures have been fixed by the applicants at a value of EUR1 million, which was not contested by the defendants. 5.2 UPC Court Fees Compared to National Courts Court fees in Portugal are not very high in typical revocation and infringement proceedings (main action and preliminary injunction proceedings). They do not tend to exceed EUR2,000, includ - ing appeals. Court fees in damages claims in Portugal depend on the amount that is being claimed for and the stage of the proceedings (ie, first instance,
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