STOCKHOLM REGIONAL DIVISION Law and Practice Contributed by: Peter Kenamets, Fredrik Lüning and Linnéa Hedström, Lind Edlund Kenamets Intellectual Property AB
1.3 Specific Procedural Issues Procedural Considerations Before the NBRD A first and an important example of a procedural issue specific to the NBRD, and not applicable to other divisions, is the requirement that the lan - guage of proceedings is English – and English only. This ensures that a party is not exposed to the risk of facing proceedings in a less favour - able language. Additional procedural considerations have also arisen in connection with case opening, service of documents and related matters. For instance, in Edwards v Meril concerning EP 3 769 722, the NBRD issued a decision on how to practi - cally manage counterclaims for revocation filed by multiple infringement defendants. At the time, this necessitated several parallel workflows in the UPC’s case management system (CMS) (subsequently amended), but only a single revo - cation fee was reportedly charged for all coun - terclaims. A further example is found in Abbott v Dexcom concerning EP 3 977 921, where the NBRD con - sidered a request for a decision by default on a counterclaim for revocation – effectively, to revoke the patent without assessing the merits. The request was based on the argument that the patent holder failed to respond within the relevant time limit, replying two weeks after the correctly calculated deadline had expired. The request was ultimately denied, primarily due to uncertainties around the deadline. These arose from the fact that the counterclaim for revocation was initially served via email and only later made available through the court’s CMS, and because the patent holder had relied on the deadline as confirmed by the court clerks. The Division also reminded the parties of the importance of focus - ing on the merits of the case rather than on pro -
cedural issues and uncertainties often caused by CMS-related bottlenecks. 1.4 Regional Division Competence The seat of the NBRD is located in Stockholm, Sweden. Proceedings are held in the same premises as the Stockholm District Court, which also handles the administrative and logistical aspects of the Division together with the Swed - ish National Courts Administration. In addition to Stockholm, designated hearing centres are also available in Tallinn (Estonia), Riga (Latvia) and Vilnius (Lithuania). As a general rule, hearings take place in Stock - holm unless otherwise decided. However, par - ties may request that a hearing be held in one of the other available centres. If the Division con - siders there to be sufficient reason, the hearing may be relocated accordingly. To date, however, all oral hearings before the NBRD have been conducted exclusively in Stockholm. 1.5 Central Division Competence Not applicable. 1.6 Court of Appeal: Purpose and Procedure Not applicable. 2. Statistical Information 2.1 Types of Actions A total of seven infringement actions have been commenced before the NBRD, as follows: • Edwards v Meril et al – EP2628464 (ACT_459769/2023, UPC_CFI_8/2023). Oral hearing scheduled for 18 July 2025;
124 CHAMBERS.COM
Powered by FlippingBook