Case by Case | Court of Appeal clarifies res judicata, prior use rights and rule 171.2 challenges

Nischay Mall speaks on the Court of Appeal decision in Heraeus Electronics v Vibrantz today. The decision addresses a number of important procedural and substantive issues, including the effect of national validity judgments before the UPC, the scope of r. 362 RoP, the evidential consequences of a pleading made "on the grounds of lack of knowledge" under r. 171.2 RoP, the relationship between Art. 28 UPCA and national prior user rights, and the circumstances in which infringing conduct in one...