UPC CFI 9/2023

The Munich Local Division issued an order under Rule 322 RoP in the Huawei v. Netgear infringement proceedings, deciding that, although German remains the language of proceedings, the oral hearing shall be conducted in English, relying on Rules 1.1 and 14.2(c) RoP to ensure an efficient and fair hearing given the international nature of the case and the parties' agreement.

The Munich Local Division dismissed Netgear's Rule 333 RoP request to have the full panel review the judge-rapporteur's decision to deal with the preliminary objection in the main proceedings, holding that a Rule 20.2 notification cannot be appealed or subject to panel review, and that inadmissible Rule 333 requests are decided by the rapporteur alone.

The Munich Local Division granted Huawei's application under Rule 263 RoP to amend its infringement claim to add EP 3 678 321 as an additional patent in suit alongside EP 3 611 989, having originally sued only on the latter patent; the court addressed the admissibility of claim amendment after conclusion of a limitation procedure.

The Munich Local Division issued a provisional order under Rule 302.1 RoP considering possible severance of the newly added EP 3 678 321 claims from the main case following the grant of the claim amendment, inviting submissions from parties on whether the new patent should be heard separately.

The Munich Local Division issued a procedural order clarifying obligations to use CMS official workflows, including the Rule 262.2 workflow for confidentiality protection from third parties and the Rule 262A workflow for confidentiality between parties, in an infringement action by Huawei against Netgear.