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UPC APP 64978/2024

EP3655341 Unitary patent · DRINKING DEVICE

Case details
Status
—
Action
Procedural application
Category
Other procedural
Parties
Claimants
Representatives
Division
Munich LD
Technology
  • Mechanical engineering
    Handling
Language
—
First decided
Jan 21, 2025
How this compares
How long the court takes to reach a first decision.
Median days to first decision
All UPC124
Munich LDLocked
Judge Matthias ZigannLocked
Judge Pierluigi PerrottiLocked
Judge Tobias PichlmaierLocked

At the UPC: air up group GmbH (6 cases)·Guangzhou Aiyun Yanwu Technology Co., Ltd. (5 cases)

This dispute contains 3 other proceedings

UPC CFI 508/2023·UPC APP 64018/2024·UPC APP 64021/2024

1 other defendants litigating the same or a related patent

UPC CFI 497/2023

Start a free trial to see how each one ended.

More cases: Munich LD·2024

Decisions
  • 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
Documents
  • D8883DDAFE6F308942FA55A19091DBB8_en.pdf2025-01-21EN