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UPC APP 8708/2024

EP2044709 · CONNECTIVITY FAULT MANAGEMENT (CFM) IN NETWORKS WITH LINK AGGREGATION GROUP CONNECTIONS

Case details
Status
Claim dismissed
Action
Preliminary objection
Category
Preliminary objection
Parties
Claimants
Representatives
Respondents
Representatives
Division
Paris CD
Technology
  • Electrical engineering
    Telecommunications · Digital communication
Language
—
First decided
May 2, 2024
How this compares
How long the court takes to reach a first decision.
Median days to first decision
All UPC124
Paris CDLocked
Judge Maximilian HaedickeLocked

At the UPC: Nokia Group (30 cases)·Mala Technologies Ltd. (4 cases)

Decisions
  • 2024-05-02
    Preliminary objectionPublic

    Summary: Paris Central Division order rejecting Mala Technologies' preliminary objection to the jurisdiction of the UPC over Nokia's revocation action (ACT_595045/2023) concerning EP 2 044 709. Mala Technologies (defendant/patent proprietor) had argued the UPC lacked jurisdiction and sought a stay pending a German Federal Court of Justice decision (X ZR 6/24) in parallel revocation appeal proceedings. All requests were rejected: the preliminary objection was dismissed, the stay applications were denied, and the request to extend the deadline for the defence to revocation was also rejected. Leave to appeal was granted given the fundamental issues about the relationship between UPC proceedings and national courts.

    Show the legal issues (4)
    • Preliminary objection to jurisdiction (R. 19 ff. RoP)
    • UPC jurisdiction vs national courts
    • Stay pending national revocation proceedings
    • Relationship between UPC and German Federal Court of Justice proceedings
Documents
  • D9B2A10AD22CE3E3796C2688D36D755F_en.pdf2024-05-02EN