ACT_65376/2024
METHOD AND APPARATUS FOR TRANSMITTING WIRELESS LOCAL AREA NETWORK INFORMATION
Huawei applied for an anti-anti-suit / anti-enforcement injunction against Netgear, which had filed a US proceeding (C.D. Cal.) seeking to prevent Huawei from enforcing its SEP patents (EP 3 611 989 and EP 3 678 321) at the UPC. The Munich Local Division granted the measure, holding that the UPC has jurisdiction to issue such orders, and that foreign anti-enforcement injunctions violate the EU Charter right of access to justice (Art. 47) and constitute a tortious act under German law. Netgear was ordered to immediately withdraw its US application on pain of daily fines up to EUR 250,000.
UPC has jurisdiction under Art. 32(1)(a) and (c) UPCA to issue anti-anti-suit / anti-enforcement injunctions against foreign proceedings threatening UPC access
KlägerRechtsgrundlage: Art. 32(1)(a)(c) UPCAHinweis: The Munich Local Division established UPC subject-matter jurisdiction for AASI/AEI measures against Netgear's US court proceedings.
Foreign anti-suit and anti-enforcement injunctions violate the fundamental EU right of access to justice and constitute a tort under German law
KlägerRechtsgrundlage: Art. 47 EU Charter; Art. 2(1), 19(4) GG; § 823(1) BGBHinweis: The court found that Netgear's US AEI application before the C.D. Cal. violated Huawei's EU Charter right to access to justice and constituted an unlawful act under German tort law.
Provisional measures including requirement to withdraw the US AEI application within 24 hours are appropriate
KlägerRechtsgrundlage: Art. 62 UPCAHinweis: The court ordered Netgear to withdraw its C.D. Cal. AEI application within 24 hours of service, or face fines up to EUR 250,000 per day.
Keine zurückgewiesenen Argumente erfasst.