ACT 65376/2024
—·EP3611989 +1 more: METHOD AND APPARATUS FOR TRANSMITTING WIRELESS LOCAL AREA NETWORK INFORMATION
- Case details
- Status—ActionProvisional measuresCategoryProvisional Measures
- Parties
- ClaimantsReps: Tobias Hessel (Clifford Chance); Christian Harmsen (Bird & Bird LLP)
- Division
- Munich LD
- Judges
- Matthias Zigann · Presiding Judge (Single Judge)
- Technology
- Telecommunications
- Language
- —
- First decided
- Dec 11, 2024
- 2024-12-11PI grantedPreliminary injunctionApplication for provisional measures
The Munich Local Division granted Huawei an anti-suit/anti-enforcement injunction ordering Netgear to withdraw its anti-enforcement injunction application before a US court (C.D. Cal.) that sought to prevent Huawei from enforcing its SEP patents (EP 3 611 989 and EP 3 678 321) before the UPC, holding that such foreign proceedings violate the EU Charter right to access to justice.
Legal issues:anti-suit injunction / anti-enforcement injunction Art. 32(1)(a)(c) UPCAstandard-essential patents FRANDArt. 47 EU Charter access to justiceUPC jurisdiction for AASI
- 2024-12-11%20ACT_65376-2024%20UPC_CFI_791-2024%20AASI%20AEI%20redacted.pdf2024-12-11DE
Huawei applied for an anti-anti-suit / anti-enforcement injunction against Netgear, which had filed a US proceeding (C.D. Cal.) seeking to prevent Huawei from enforcing its SEP patents (EP 3 611 989 and EP 3 678 321) at the UPC. The Munich Local Division granted the measure, holding that the UPC has jurisdiction to issue such orders, and that foreign anti-enforcement injunctions violate the EU Charter right of access to justice (Art. 47) and constitute a tortious act under German law. Netgear was ordered to immediately withdraw its US application on pain of daily fines up to EUR 250,000.
UPC has jurisdiction under Art. 32(1)(a) and (c) UPCA to issue anti-anti-suit / anti-enforcement injunctions against foreign proceedings threatening UPC access
ClaimantLegal basis: Art. 32(1)(a)(c) UPCANote: The Munich Local Division established UPC subject-matter jurisdiction for AASI/AEI measures against Netgear's US court proceedings.
Foreign anti-suit and anti-enforcement injunctions violate the fundamental EU right of access to justice and constitute a tort under German law
ClaimantLegal basis: Art. 47 EU Charter; Art. 2(1), 19(4) GG; § 823(1) BGBNote: The court found that Netgear's US AEI application before the C.D. Cal. violated Huawei's EU Charter right to access to justice and constituted an unlawful act under German tort law.
Provisional measures including requirement to withdraw the US AEI application within 24 hours are appropriate
ClaimantLegal basis: Art. 62 UPCANote: The court ordered Netgear to withdraw its C.D. Cal. AEI application within 24 hours of service, or face fines up to EUR 250,000 per day.
No rejected arguments captured.