MANNHEIM LOCAL DIVISION Law and Practice Contributed by: Tobias J Hessel and Leonie Jüngels, Clifford Chance
Furthermore, the Division has processed two applications for interim measures, and there has also been one application for preserving evidence, aimed at securing crucial information that might otherwise be lost or destroyed. Lastly, the Division has dealt with eight applications for a cost decision, which involve determining the allocation of legal costs between parties, mostly because the actions were withdrawn due to set - tlement of the parties. Collectively, these cases account for 9.5% of the total proceedings handled by the UPC, highlight - ing the significant role played by the Local Divi - sion Mannheim within the broader framework of the UPC. 2.2 Substantive Hearings At the Local Division Mannheim, there have been ten public oral hearings to date, each concern - ing an infringement action. Additionally, one oral hearing was held in relation to an application for provisional measures. 2.3 Case Classification Based on the proceedings in which decisions or orders have been issued by the Local Division Mannheim, the patents involved are categorised under various International Patent Classifica - tion (IPC) classes. Specifically, three patents fall under Class A, which generally covers human necessities; three patents are classified under Class B, relating to performing operations and transporting; one patent is from Class C, which includes chemistry and metallurgy; one patent belongs to Class F, covering mechanical engi - neering and lighting; three patents are from Class G, which pertains to physics; and seven patents are classified under Class H, related to electricity.
When compared to the overall infringement actions before the UPC, which include 63 cases in Class A, 44 in Class B, 20 in Class C, eleven in Class E, five in Class F, 51 in Class G and 123 in Class H, a trend becomes apparent. The Local Division Mannheim’s focus on Class H patents aligns with the broader UPC trend, where Class H also represents the largest category of cases. 2.4 Time Lines The oral hearing at the Local Division Mannheim is set to occur within a year, reflecting the court’s commitment to timely adjudication. The Local Division Mannheim is dedicated to conducting proceedings in an efficient and result-oriented manner, ensuring that cases are handled with the utmost expediency and precision. This pro - active approach not only meets the expectations of the legal community but also reinforces the confidence and hopes placed in the UPC as a pivotal institution for patent litigation in Europe. 2.5 Interaction Between Central and Local/Regional Divisions The question of how revocation counterclaims are handled between local divisions and the Central Division has become a point of practical significance. The Local Division Mannheim has, to date, shown a tendency to retain jurisdiction over such counterclaims when they are raised in response to infringement actions, rather than referring them to the Central Division. This approach has the procedural advantage of allowing both infringement and validity issues to be heard together, within a single forum and on a co-ordinated timeline. This can foster procedural economy and consistency in the assessment of the legal and technical aspects of a case. Nota - bly, the Local Division Mannheim generally does not stay proceedings pending a decision from
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