UPC CFI 362/2025

Vor dem UPC: Sun Patent Trust (31 Verfahren)·vivo Group (18 Verfahren)

• 2026-08-25
  InfringementÖffentlich

  Zusammenfassung: The Court permitted the withdrawal of Sun Patent Trust's infringement action against the Vivo defendants and the withdrawal of Vivo's counterclaim for revocation, after the parties reached a settlement. The proceedings in both UPC_CFI_362/2025 and UPC_CFI_0001786/2025 were declared closed and the scheduled oral hearing cancelled; no cost decision or court-fee reimbursement was requested.

  Rechtsfragen anzeigen (2)

  • withdrawal of infringement action following settlement (R.265 RoP)
  • withdrawal of counterclaim for revocation (R.265.1 RoP)
• 2026-07-30
  InfringementÖffentlich

  Zusammenfassung: Order of the Paris Local Division following the interim conference under R. 105.5 RoP. The judge-rapporteur recorded that the parties remain in settlement negotiations, set the value of the infringement action at EUR 5,000,000 and the counterclaim for revocation at EUR 5,000,000 (EUR 10,000,000 in total), fixed the structure and timetable of the three-day oral hearing on 9-11 September 2026, and directed the parties to file a consolidated statement of their operative requests and confirmation of the agreed recoverable costs by 28 August 2026. The operative part of this order refers to the value of UPC_CFI_361/2025, the parallel action decided the same day.

  Rechtsfragen anzeigen (4)

  • interim conference orders (R. 105.5 RoP)
  • value of the proceedings (R. 104(i) RoP)
  • structure and timetable of the oral hearing
  • FRAND defence to be heard in closed session
• 2026-05-22
  Infringement ActionÖffentlich

  Zusammenfassung: The Judge-Rapporteur issued a procedural order amending the oral hearing dates to 9-11 September 2026 in Paris. The parties were also directed to file summary submissions of up to 50 pages by 21 July 2026.

  Rechtsfragen anzeigen (3)

  • oral hearing scheduling
  • FRAND
  • infringement
• 2025-10-30
  Infringement ActionÖffentlich

  Zusammenfassung: Preliminary objection (R.19 RoP) decided by the Paris Local Division. The court rejected the jurisdictional challenge raised by Vivo (that the UPC lacks jurisdiction over an active FRAND determination request as the main claim), holding that the UPC has jurisdiction to hear the infringement action including FRAND aspects, and that the Paris Local Division is internally competent under Art.33.1(a) UPCA on the basis of alleged infringing sales in France. The preliminary objection was deferred/rejected and the case proceeds on the merits.

  Rechtsfragen anzeigen (3)

  • UPC jurisdiction over FRAND determination as main claim (Art.32 UPCA)
  • Internal competence of Paris Local Division (Art.33.1(a) UPCA)
  • Preliminary objection under R.19 RoP
• 2025-10-13
  Infringement ActionÖffentlich

  Zusammenfassung: The Paris Local Division (judge-rapporteur Camille Lignieres) issued a preliminary order refusing Vivo's request to postpone the deadline for filing the Statement of Defence pending the outcome of Vivo's preliminary objection on UPC jurisdiction in the SEP/FRAND case (EP 3 407 524). The Court held that R. 19.6 RoP provides that the filing of a preliminary objection should not slow down the main proceedings in the absence of exceptional circumstances. Since Vivo would raise a FRAND defence in any event, no exceptional circumstances were established. The Statement of Defence remained due on 28 November 2025.

  Rechtsfragen anzeigen (3)

  • Preliminary objection and timing of Statement of Defence (R. 19.6 RoP)
  • SEP / FRAND jurisdiction
  • Extension of procedural deadlines
• 2025-08-26
  Öffentlich

  Zusammenfassung: Paris Local Division granted a three-week extension to Vivo entities for filing their Preliminary Objection and Statement of Defence in Sun Patent Trust's infringement action concerning EP 3 407 524, following the delay caused by confidentiality proceedings and the parties' voluntary agreement to grant access to unredacted files.

  Rechtsfragen anzeigen (2)

  • Extension of time period under R.9.1 and R.9.3(a) RoP
  • Delay caused by confidentiality proceedings