APL 26889/2024

—·EP2044709: CONNECTIVITY FAULT MANAGEMENT (CFM) IN NETWORKS WITH LINK AGGREGATION GROUP CONNECTIONS

Case details: Status
—
Action
Appeal
Category
Main Appeal
Parties: Claimants
Nokia Technology GmbH
Reps: Boris Kreye (Bird & Bird LLP); Lars Hessmann (Bird & Bird LLP)
Respondents
Mala Technologies Ltd.
Reps: Thomas Lynker (TALIENS); Thomas Kurig (Becker, Kurig & Partner)
Division: Court of Appeal
Judges: Klaus Grabinski · President of the Court of Appeal
Peter Blok · Legally qualified judge and judge-rapporteur
Emanuela Germano · Legally qualified judge
Technology: Computing & AI
Language: —
First decided: Jun 21, 2024
Last decision: Sep 17, 2024

Decisions

2024-09-17
Appeal decisionAppeal RoP220.2
Court of Appeal ordered the stay of UPC revocation proceedings (UPC_CFI_484/2023) in Mala Technologies Ltd. v Nokia Technology GmbH concerning EP 2 044 709 (German part only), pending the outcome of parallel German Federal Patent Court/BGH revocation proceedings initiated by Nokia Solutions. Applying Art. 30 Brussels I recast Regulation, the court found that the causes of action in both proceedings are almost identical, the parties closely related, and the German proceedings at a more advanced stage. Mala's request for stay was upheld, and Nokia Technology's auxiliary request to limit the stay to the German part was rejected as moot.
Legal issues:Stay of UPC proceedings for lis pendens under Art. 30 Brussels I recast RegulationArt. 71c(2) Brussels I recast Regulation during UPCA transitional periodRelated actions before UPC and national courtPreliminary objection under Rule 19 RoP

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