UPC CoA 36/2024

The Court of Appeal partially upheld Netgear's appeal against the Munich Local Division's order concerning deadlines following Huawei's extension of its infringement action to a second patent, setting the new time limit for Netgear's statement of defence (and any counterclaim for revocation) to 18 April 2024 instead of 11 March 2024, on the basis that due process requires defendants to receive the same full response period as for a new action.

Order from the Court of Appeal (UPC_CoA_36/2024) on Netgear's appeal against the Munich Local Division's order permitting Huawei to expand its infringement action to add EP 3 678 321 alongside EP 3 611 989. The appeal was withdrawn during the interim conference after Huawei agreed to grant Netgear a three-month response period from the original first-instance panel order. The Court ruled on the principle that when a new patent is added by way of case expansion, the defendant must receive the same response period as if a new action had been filed.