ORD_51358/2024 | EP3516914 | UPC Decision Search

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13 September, 2024	Order	ORD_51358/2024	Paris (FR) Central D…	EP3516914	R. 88 91 (2) RoP ...	Please log in to add tags.	Please log in to add notes. Please log in to add tags. Show on UPC ORD_51358/2024 13 September, 2024 Order Summary (AI generated) Parties QUALCOMM INCORPORATED v. EPO Registry Information Registry Number: App_42538/2024 Court Division: Paris (FR) Central Division - Seat Type of Action: Action against the decision of the EPO (RoP88) Language of Proceedings: EN Patent at issue EP3516914 Sections Headnotes (EN) The Application pursuant to R. 88 RoP has been processed by the Court and forwarded for interlocutory revision to the EPO, the Office has rectified the contested decision in accordance with the request and the submission of the Claimant doesn’t mention any particular circumstance justifying a decision of reimbursement. The case shall be closed without prior consultation of the parties. Keywords (EN) Application pursuant to R. 88 RoP Cited Legal Standards R.220 (b) RoP R. 88 91 (2) RoP R. 88 RoP R. 91.2 RoP Documents Download Order (EN) Add a custom note or summary to this decision Styles Text Heading 1 Heading 2 Heading 3 Bold ⌘B Italic ⌘I Strikethrough ⌘+Shift+S Bullet list Ordered list Blockquote ⌘+Shift+B Insert link ⌘K Insert link Unlink Align Left Center Right Paris Central Division UPC_CFI_427/2024 Order of the Court of First Instance of the Unified Patent Court pursuant to R. 88 and 91 (2) RoP delivered on 13/09/2024 Headnote: The Application pursuant to R. 88 RoP has been processed by the Court and forwarded for interlocutory revision to the EPO, the Office has rectified the contested decision in accordance with the request and the submission of the Claimant doesn't mention any particular circumstance justifying a decision of reimbursement. The case shall be closed without prior consultation of the parties. Keywords: Application pursuant to R. 88 RoP CLAIMANT QUALCOMM INCORPORATED 5775 MOREHOUSE DRIVE - 92121-1714 San Diego - US Represented by: Francesco Celluprica PATENT AT ISSUE Patent no. Proprietor/s EP3516914 QUALCOMM INCORPORATED DECIDING JUDGE Presiding judge Florence Butin LANGUAGE OF PROCEEDINGS: English SUMMARY OF FACTS By an application dated 19 July 2024 (App_42538/2024 UPC_CFI_427/2024), Qualcomm Incorporated (hereinafter 'the Claimant') requested the Court of First instance of the UPC - Paris Central division - to annul a decision of the European Patent Office in carrying out the tasks referred to in Art. 9 of Regulation (EU) No 1257/2012. By a notification issued on 13 August 2024 (EPO interlocutory revision No 46904/2024), the EPO informed the Court under R.91 (1) (b) that the contested decision dated 10 July 2024 has been rectified in accordance with the order or remedy sought by the Claimant and provided the communication dispatched to Qualcomm Inc. accordingly. GROUNDS FOR THE ORDER Pursuant to R. 91.2 RoP 'where the court is informed that the contested decision has been rectified, it shall inform the Claimant that the action is closed and may order full or partial reimbursement of the fee for the action against a decision of the Office in accordance with part. 6'. The Application has been processed by the Court and forwarded for interlocutory revision to the EPO. The Office has rectified the contested decision in accordance with the request, and the submission of the Claimant doesn't mention any particular circumstances justifying a decision of reimbursement. It follows from the above that the case shall be closed without prior consultation of the Parties. ORDER 1Qualcomm Incorporated is informed that the action is closed. 2An appeal may be brought against the present order pursuant to R.220 (b) RoP. Issued on 13 September 2024 Florence Butin - Presiding Judge ORDER DETAILS Order no. ORD_51358/2024 in ACTION NUMBER: App_42538/2024 UPC number: UPC_CFI_427/2024 Action type: Action against the decision of the EPO (RoP88)

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