UPC APP 3212/2025

—·EP3780758: IN A WIRELESS COMMUNICATION SYSTEM, NETWORK SLICE SELECTION BASED ON APPLICATION CATEGORY

Case details: Status
—
Action
Procedural application
Category
Other Procedural
Parties: Claimants
Telefonaktiebolaget LM Ericsson
Ericsson GmbH
Reps: Christof Augenstein
Respondents
Motorola Mobility LLC
Reps: Klaus Haft
Division: Munich LD
Judges: Tobias Pichlmaier · Judge-rapporteur
Technology: Telecommunications
Language: —
First decided: Feb 5, 2025

Decisions

2025-02-05
JurisdictionalGeneric application
The Munich Local Division allowed Ericsson's preliminary objection against Motorola Mobility LLC's counterclaim for revocation of EP 3 780 758, rejecting the counterclaim as inadmissible because the same action between the same parties on the same patent had already been brought before the same division, which is prohibited under Art. 33(2) UPCA by analogy.
Legal issues:Preliminary objection against counterclaim for revocation under R. 19 and R. 48 RoPDuplicate proceedings before same division under Art. 33(2) UPCAAdmissibility of counterclaim for revocation

Documents