APL 4881/2024
—·EP3611989 +1 more: METHOD AND APPARATUS FOR TRANSMITTING WIRELESS LOCAL AREA NETWORK INFORMATION
- Case details
- Status—ActionAppealCategoryMain Appeal
- Parties
- RespondentsReps: Stephan Dorn (Freshfields Bruckhaus Deringer)
- Division
- Court of Appeal
- Judges
- Rian Kalden · Presiding judge and judge-rapporteur
- Ingeborg Simonsson · Legally qualified judge
- Patricia Rombach · Legally qualified judge
- Technology
- Telecommunications
- Language
- —
- First decided
- Mar 11, 2024
- 2024-03-11Appeal decisionAppeal RoP220.2
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.
Legal issues:Time period for defence following amendment/extension of action under R. 263 RoPDue process requirements when new patent added to pending proceedingsPanel review procedure under R. 333 RoP - 2024-03-11Appeal decisionAppeal RoP220.2
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 The appeal was withdrawn during the interim conference after Huawei agreed to grant Netgear a three-month response period from the original first-instance panel order.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.
Legal issues:Amendment/expansion of claim (R. 263 RoP)Response period after case expansionDue process / fair trial principle
- 1.%20Final%20order%20on%20appeal%204881%20Eng.pdf2024-03-11EN
- 9B84129A4127809C2630FCB9DDDF1152_de.pdf2024-03-11DE