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EU's Unified Patent Court validates opt-out withdrawal despite prior national proceedings

( November 13, 2024, 10:34 GMT | Official Statement) -- MLex Summary: The Court of Appeal of the EU's Unified Patent Court ruled that prior national court proceedings before the transitional period of the UPC do not render the withdrawal of opt-out ineffective under Art. 83(4) of the Unified Patent Court Agreement. The case involved AIM Sport Development AG challenging the Court of First Instance's dismissal of its actions due to an ineffective withdrawal of opt-out, stemming from prior national court proceedings. The Court of Appeal concluded that AIM's withdrawal of opt-out was valid, and the case was referred back for further proceedings. The decision is attached. ...

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