APL_9578/2024

METHODS AND APPARATUS FOR OVERLAYING MULTI-CARRIER AND DIRECT SEQUENCE SPREAD SPECTRUM SIGNALS IN A BROADBAND WIRELESS COMMUNICATION SYSTEM

BerufungenHauptberufungCourt of AppealAppeal RoP220.2—

2024-06-04Abgewiesenappeal_decisionAppeal RoP220.2
Court of Appeal (4 June 2024) rejected Neo Wireless's appeal and confirmed that the opt-out filed by Neo Wireless LLC (USA) for all EPC states was invalid because it was not filed on behalf of all proprietors of all national parts of the patent (Neo Wireless GmbH & Co. KG held the German part). Art. 83(3) UPCA requires all proprietors of all national parts to lodge or authorise an opt-out.