APL 30169/2024

—·EP1552399: INTEGRATED CIRCUIT AND METHOD FOR ESTABLISHING TRANSACTIONS

Case details: Status
—
Action
Appeal
Category
Main Appeal
Parties: Claimants
Network System Technologies LLC
Reps: Thomas Gniadek (Simmons & Simmons)
Respondents
Volkswagen AG
Reps: Jan Bösing (Bardehle Pagenberg)
Division: Court of Appeal
Judges: —
Technology: Computing & AI
Language: —
First decided: Sep 18, 2024

Decisions

2024-09-18
DismissedAppeal decisionAppeal RoP220.2
Decision of the Court of Appeal dismissing Volkswagen AG's appeal against the Munich Local Division's rejection of preliminary objections (Rule 19/Rule 361 RoP) and finding that the opt-out withdrawals for the patents in suit were validly filed by NST's representative under Rule 5.3(b)(i) RoP without requiring a separate power of attorney. The appeal also failed on the merits of the Rule 361 RoP requests concerning standing to sue and damages for past infringements.
Legal issues:Validity of opt-out withdrawal Rule 5.3 RoPUPC representative authority Art. 48 UPCARule 361 RoP preliminary scrutinyStanding to sueAssignment of past infringement claims

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