UPC CoA 678/2025

Vor dem UPC: Hurom Co., Ltd. (29 Verfahren)·NUC Electronics Group (29 Verfahren)

• 2026-08-28
  AppealÖffentlich

  Zusammenfassung: Court of Appeal decision dismissing HUROM's appeal and the respondents' cross-appeal against the Paris Local Division decision of 23 May 2025 (UPC_CFI_163/2024, UPC_CFI_418/2024). The first-instance revocation of the Dutch, French, German and Italian parts of claims 1 to 6 of EP 3 155 936 as amended, and of claims 1 to 3 as amended in the new auxiliary requests, therefore stands, as does the dismissal of all infringement claims. HUROM bears the costs of its appeal and pays EUR 100,000 as an interim award of costs. This docket carries BOTH limbs, so per the ratified rule the outcome takes the VALIDITY limb. [operative 'DECISION', page 24]

  Rechtsfragen anzeigen (4)

  • admissibility of an application to amend under R.30.1 RoP
  • unamended description as explanatory aid for claim interpretation
  • burden of proof for infringement outside UPCA Contracting Member States
  • territorial scope and international jurisdiction
• 2026-03-04
  Öffentlich

  Zusammenfassung: The Court of Appeal (judge-rapporteur Emmanuel Gougé) granted Hurom Co., Ltd.'s application for further exchanges of written pleadings (R. 36 RoP) in the appeal against the Paris Local Division's decision of 23 May 2025 dismissing Hurom's infringement claims and revoking several claims of EP 3 155 936. The CoA allowed further pleadings because Hurom had introduced two new auxiliary requests on appeal (not filed at first instance) and NUC had responded with new prior art documents (D5, D6) and invalidity arguments that Hurom had not yet had an opportunity to address. The principles of due process and the right to be heard justified the further exchange.

  Rechtsfragen anzeigen (4)

  • Further exchange of written pleadings in appeal (R. 36 RoP)
  • New auxiliary requests introduced on appeal (Art. 73(4) UPCA, R. 222.2 RoP)
  • New prior art introduced by respondent in response to new requests
  • Right to be heard and principles of due process in appeal