UPC APP 11861/2024

—·EP1552399B1

Case details: Status
—
Action
Preliminary objection
Category
Preliminary Objection
Parties: Claimants
Network System Technologies LLC
Reps: Thomas Gniadek (Simmons & Simmons)
Respondents
Volkswagen AG
AUDI AG
Texas Instruments Incorporated
Texas Instruments Deutschland GmbH
Reps: Jan Patrick Bösing; Klaus Haft (Hoyng Rokh Monegier)
Division: Munich LD
Judges: Matthias Zigann · Presiding judge and judge-rapporteur
Tobias Pichlmaier · Legally qualified judge
Pierluigi Perrotti · Legally qualified judge
Language: —
First decided: May 8, 2024

Decisions

2024-05-08
JurisdictionalPreliminary objection
Munich Local Division dismissed preliminary objections (Rule 19 RoP) and requests to declare the action manifestly bound to fail (Rule 361 RoP) filed by Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH against Network System Technologies LLC's infringement action concerning EP 1 552 399. The court held that NST has standing to sue based on the patent assignments; infringement allegations need only be detailed for one exemplary device at this stage; the jurisdiction objection relating to UK/TI damages claims was deferred to the main proceedings; leave to appeal was granted.
Legal issues:Preliminary objection under Rule 19 RoPManifest inadmissibility under Rule 361 RoPStanding to sue based on patent assignmentSufficiency of infringement allegations for one exemplary deviceWithdrawal of opt-out under Rule 5 RoP

Documents