- Case details
- Status—ActionProcedural applicationCategoryOther procedural
- Parties
- Respondents
- Guangzhou Aiyun Yanwu Technology Co., Ltd.Operating co.
- Division
- Munich LD
- Technology
- Mechanical engineeringHandling
- Language
- —
- First decided
- Jan 21, 2025
| Median days to first decision | |
|---|---|
| All UPC | 124 |
| Munich LD | Locked |
| Judge Matthias Zigann | Locked |
| Judge Pierluigi Perrotti | Locked |
| Judge Tobias Pichlmaier | Locked |
At the UPC: air up group GmbH (6 cases)·Guangzhou Aiyun Yanwu Technology Co., Ltd. (5 cases)
This dispute contains 3 other proceedings
1 other defendants litigating the same or a related patent
- 2025-01-21
Summary: Munich Local Division order on service of a decision by default on a Chinese defendant (Guangzhou Aiyun Yanwu Technology) in provisional measures proceedings brought by air up group GmbH. Service under R. 274 RoP via the Hague Service Convention through Chinese authorities had failed after more than six months (Chinese authority seriously and definitively refusing to process the service). The court held that (1) service rules must be interpreted in accordance with effective legal protection principles, so it must always be possible to establish good service under R. 275.2 RoP; (2) where R. 274 service has failed for the original application, there is no need to attempt R. 274 service again for the subsequent default decision before ordering alternative service under R. 275.2 RoP.
Show the legal issues (5)
- Service of decision by default (R. 274, R. 275.2 RoP)
- Hague Service Convention
- Chinese authority refusal to serve
- Effective legal protection
- Default decision in provisional measures
- D8883DDAFE6F308942FA55A19091DBB8_en.pdf2025-01-21EN