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UPC APP 22897/2024
—·EP1552399: INTEGRATED CIRCUIT AND METHOD FOR ESTABLISHING TRANSACTIONS
- Case details
- Status—ActionPreliminary objectionCategoryPreliminary Objection
- Parties
- RespondentsReps: Johannes Heselberger (Bardehle Pagenberg)
- Division
- Munich LD
- Judges
- Daniel Voss · Judge-rapporteur
- Technology
- Computing & AI
- Language
- —
- First decided
- Aug 25, 2025
Decisions
- 2025-08-25DismissedJurisdictionalPreliminary objection
Preliminary objection by Qualcomm entities (Qualcomm Incorporated, Qualcomm Technologies Inc., Qualcomm Germany GmbH) challenging jurisdiction dismissed by judge-rapporteur. Defendants argued that the withdrawal of the opt-out of EP 1 552 399 by a UPC representative (Ms Huang) was invalid for lack of power of attorney. The court held that a registered UPC representative (Art. 48 UPCA, R. 5.3(b)(i) RoP) does not need a written mandate for opt-out withdrawal; formal requirements were met and the patent falls within UPC jurisdiction. Appeal against this decision was not allowed.
Legal issues:Validity of opt-out withdrawal by UPC representative without written mandatePreliminary objection on jurisdiction (R. 19.1 RoP)Scope of R. 5.3(b)(i) RoP and Art. 48 UPCA
Documents
- B7344DA79E3C4C83D129D96945FD07B1_en.pdf2025-08-25ENGLISH